HomeMy WebLinkAboutMN-B&A-2001-11-28 STATEMENT OF SALE
CORNELL UNIVERSITY TO THE CITY OF ITHACA
IF-1,IF-2,&IF-3
CITY OF ITHACA PARCEL NO's: 12-7-2, 12-7-1, 12-7-3 & 11-34
CLOSING DATE: FEBRUARY 29,2000
CREDITS TO SELLER 1.00
Taxes are exempt.
AMOUNT DUE SELLER 1.00
CREDITS TO BUYER
Richard P.Ruswich, Esq as Escrow Agent 50,000.00
To be held in an interest bearing account
for clean up in the area
Taxes are exempt.
TOTAL AMOUNT DUE SELLER 1.00
EXPENSES OF PURCHASER EXPENSES OF SELLER
Rec. deed $ 37.00
Rec. Survey map 30.00 Final&phone search 40.00
E &A form 25.00 Transfer gains tax form 5.00
Total 92.00 Total $ 45.00
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
CHECKS: PURCHASER CHECKS: SELLER
Tompkins County Clerk $ 92.00 Monroe Tompkins Watkins 40.00
Richard P. Ruswick, Esq. 50,000.00 Tompkins County Clerk 5.00
CITY OF ITHACA,OFFICE OF THE CITYA770RAEY
108 EAST GREEN STREET,ITHACA,NEW YORK 14850
607274-6504
BUDGET AND ADMINISTRATION COMMITTEE NOVEMBER 28, 2001
PAGE 2
H. Reports
1. Approval of October, 2001 Budget Meeting Minutes
2. Approval of September 25, 2001 and October 29, 2001 B & A Minutes
3 . Mayor' s Report
4 . Council Members' Announcements
5. Next Month's Meeting: December 19, 2001 or December 26, 2001?
BUDGET AND ADMINISTRATION COMMITTEE NOVEMBER 28, 2001
PAGE 2
H. Reports
1 . Approval of October, 2001 Budget Meeting Minutes
2. Approval of September 25, 2001 and October 29, 2001 B & A Minutes
3 . Mayor' s Report
4 . Council Members' Announcements
5. Next Month's Meeting: December 19, 2001 or December 26, 2001?
Nov 15 01 01 : 11p Family & Children 's 607-273-7404 p. 2
Page 1 of
Patricia Vau han
From: 'Barbara Hopkins" i
D `
To: <pvaughan@lightlink.com> 1
Cc: <director@artspartner.org> '' V 5 c'001
Sent: Friday, November 09, 2001 10:27 AM
Subject: The Firehouse Theatre IB
Hello, Pat... 'By
Since I am the person (as an Executive Board member) who submitted an application for
Community Services funding to the city on behalf of The Firehouse Theatre, I aim contacting you
in your role as Chair of the city's B&.A Committee to let you know that The Firehouse Theatre, Inc
will not be in existence during the calendar year 2002.
Therefore, the $3500 awarded to that organization should be reallocated elsewhere. I agree with
Richard Driscoll and others in our arts community that this money would most appropriately
benefit other arts endeavors, and I encourage the Committee to reallocate the funds in that
direction. (Though I shall express my personal opinion that this money ought NOT to go towards
support of the State Theater, but rather toactive arts organizations struggling to survive.) f
The information that I was given this week by Tom Newton, the owner of the building that houses f
The Firehouse Theatre, Inc., is that this building at 136 West State Street is in the process of being
sold to a commercial interest that will not keep it as a performance space; that the building as a i
theater will close permanently after the final performance of A Christmas Carol on December 22;
that Tom Newton as President of the Board of Directors and founder of The Firehouse Theatre,
Inc. will dissolve that organization sometime after December 22.
In the meantime, i submitted my resignation as Secretary/Treasurer of The Firehouse Theatre, Inc.
effective January 1, 2002.
While I plan on communicating with Tom Newton about his plans for dissolving the 504c(3)
organization, it is entirely up to him to take responsibility for doing whatever needs to be done.
Therefore, if anyone has questions about this process or anything else related to the sale of the
building or the demise of The Firehouse Theatre, Inc., he or she should communicate with Tom.
His phone number is 272-789 1. (He cannot be reached at the Firehouse phone number.)
Despite the almost continual struggles to keep The Firehouse Theatre alive, it has been a privilege
for me.to have been involved during these past eight years. While I would have moved on anyway
I am saddened by the closing of the theater and the demise of The Firehouse as an arts
organization.
I have communicated with Sam Velasquez and told him to take our lights and whatever peripheral
are involved with the system for CSMA; the seats in the auditorium have been offered to Historic
Ithaca for the State Theater (froth whence they first came). I believe that it is important to recycle
these costly items back into the arts community, rather than allow the new owner of the building to
sell them for profit.
11/15/01
11/15/01 THU 12:59 [T%/R% NO 75421 Q 002
Nov 15 01 01 : 12p Family & Children 's 607-273-7484 p. 3
Page 2 of
Please express my thanks to Common Council for its support of The Firehouse Theatre during the
past several years; it made a tremendous difference in our ability to carry on with more than 90
different productions, which, literally, involved thousands of people from the community in the
process of creating theatre.
Cordially,
Barbara Hopkins
for The Firehouse Theatre, Inc.
Barbara Hopkins
Program Coordinator II
Cornell's Adult University
626 Thurston Avenue
Ithaca, NY 14850-2490
Tel: 607 255-6260 Fax: 607 254-4482
}I
1
i
F
I
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Nov 15 01 01 : 12p Family & Children 's 607-273-7484 p. 4
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
ft ,r0 OFFICE OF THE CITY ATTORNEY
C�� ......«,..�� Norrna W Schwab. City Attorney Telephone: 60'2'4-6504
4PoRaTEp Patricia Dunn,Asistanr City Attorney _
Khandikile M. Sokoni, Associate Attorncy
MEMORANDUM t
To: Members of Common Council
From: Khandikile M. Sokoni, Associate Attorney
Date: November 13, 2001
Subject: Amendment of the Penalties Local Law
You will recall that Common Council recently passed a Local Law to repeal and re-enact
Article 1, Section 1-1(B) of the City Code in order to cure its past defective amendments. The same
Penalties Provision is now being proposed for amendment in order to delete Exterior Property
Maintenance from its realm.
You will also recall that when the Exterior Property Maintenance Ordinance was enacted,
it provided a new penalty and fine structure for exterior property maintenance violations. Upon the
recommendation of Counsel from NYCOM,we had planned to re-adopt the new Exterior Property
Maintenance .fines and penalties by Local Law. However,we were pleasantly surprised when City
Attorney, Norma Schwab, while navigating the City Code on an unrelated matter, stumbled upon
a Charter provision which indicates that Common Council can enact fines and penalties by
Ordinance. Section C-38 of the City Charter provides:-
KAKhandi\Memos\Penalties Loclaw-Amend.doc i
"An Foual Opportuniw Employer with .1 Comntlttnent to workforce diversification."
11/15/01 THU 12:59 [TX/RX NO 75421 0 004
Nov 15 01 01 : 12p Family & Children 's 607-273-7484 p. 5
"§ C-38. Enactment of ordinances and resolutions; penalties.
A. Penalties. For the purposes specified in exercising the powers of the Common Council
in enacting ordinances as provided in this article,the Common Council shall have the power
to provide for penalties, including fine and imprisonment, for the violation of any of its
ordinances. Notwithstanding the foregoing and in addition thereto, the Common Council
may also provide for civil penalties, and the city may maintain an action or proceeding in a
court of competent jurisdiction for an injunction or to compel compliance with the
requirements of any ordinance of the city."
Based on this provision, we are comfortable with the process that was used in establishing
the Exterior Property Maintenance fines/penalties, i.e., by Ordinance. However it is still necessary
to amend Article 1-1(B)by Local Law because the doctrine of Legislative Equivalence requires that
a Local Law can only be properly amended (in this instance, deleting a provision)by Local Law.
As such, even though the Exterior Property Maintenance Ordinance properly established a new
fine/penalty structure,being an Ordinance, it was not properly used to amend Section 1-1(B)of the
City Code because that Law is a Local Law. The proposed Local Law to amend Section 1-1(B) of
the Code is attached hereto, and by copy of this memo, is also being forwarded to the City Clerk,
Julie Holcomb,to be laid on the table.
Thank you for your patience and co-operation in this matter and if you have any questions
or concerns regarding this process please do not hesitate to contact Norma or myself.
Encl.
cc: Norma W. Schwab, City Attorney
Julie Holcomb, City Clerk
Susan Brock, Esq.
K:\KhandiuMemos\Penalties Loclaw-Amend.doc 2
11/15/01 THU 12:59 [TX/RX NO 75421 005
Nov 15 01 01 : 13p Family & Children 's 607-273-7404 p. 6
DRAFT
LOCAL LAW NO. - 2001
A LOCAL LAW AMENDING ARTICLE 1, SECTION 1-1 (B) OF THE CITY OF
ITHACA MUNICIPAL CODE.
WHEREAS, by Ordinance No.01-08, the Common Council of the City of Ithaca
enacted a new Exterior Property Maintenance Ordinance, and
WHEREAS, by the authority conferred on it in Section C-38 of the City of Ithaca
Charter, the City of Ithaca Common Council enacted a new fine/penalty structure to
apply to violations of the said Exterior Property Maintenance Ordinance, and
WHEREAS, prior to such enactment of the new Exterior Property Maintenance
Ordinance No.01-08, the penalties applicable to exterior property maintenance violations
were contained in Article 1, Section 1-1(B) of the City of Ithaca Municipal Code,
NOW BE IT ENACTED by the Common Council of the City of Ithaca that Article 1,
Section 1-1(B) of the City of Ithaca Municipal Code is amended to delete penalties
related to exterior property maintenance violations as follows:-
Section I.
"B. Notwithstanding the penalty provisions of the preceding subsection or other
penalties specified in subsequent sections of this Code, the penalties for violation of the
New Language is underlined; language being deleted is in[brackets] 1
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Nov 15 01 01 : 13p Family & Children 's 607-273-7484 p. 7
Code sections listed below shall be: not more than $40 nor less than $20 for a first
offense at the same property; not more than $60 nor less than $30 for a second offense at
the same property; and not more than $100 nor less than $50 for a third offense at the
same property, if a conviction for such offense occurs within the same twelve-month
period. Each day on which the condition exists may be charged and shall be considered as
a separate offense.
Code Section
196-5 (Uncollected garbage)
210-35(Open areas)
210-36C (Accessory structures)
210-38(Garbage and refuse)
2724D (Mobile signs)
272-4E(Banners and pennants)
285-5 (Sidewalks)
325-20C(1)0) (Front yard parking)
325-20D (Front yard parking)
325-23B(1) (Yard maintenance)
[325-23B(2) (Exterior property maintenance)]"
Section 2. Severability.
If any clause, sentence, paragraph, section, or part of this local law shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not
affect, impair or invalidate the remainder thereof but shall be confined in its operation to
New Language is underlined; Language being deleted is in[brackets] 2
11/15/01 THU 12:59 [TX/RX NO 75421 Q007
Nov 15 01 01 : 13p Family & Children 's 607-273-7484 p. 8
the clause, sentence, paragraph, section, or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
Section 3. Effective Date.
This Local Law will take effect Immediately upon filing with the Secretary of
State as provided by Law.
f
New Language is underlined; language being deleted is in[brackets] 3
11/15/01 THU 12:59 [TX/RX NO 75421 Q008
OCT-30-2001 14:37 FROM US EPA REGION 2 ORC TO 916072746507 P.02/12
`A'�s.
., UNITED STATER ENVIRONMENTAL PROTECTION AGENCY
s REGION 2
2990 BROADWAY
NEW YORK,NY 10007-1866
c nqc��
ACTION MEMORANDUM
DATE: SEP 19 2001
SUBJECT: Request for a Removal Action for the Ithaca Gun Company Site, Ithaca,
Tompkins County,New York
FROM: Jack D. Harmon, On-Scene Coordinat � '''�"'�
1
Removal Action Branch . '.--s�� /
TO: Kathleen C.Callahan, Acting Director
Em genc and Remedial Response Division
THRU: Richard C. Salkie,Chief
Removal Action Branch
Site ID#: QJ
I. PURPOSE
The purpose of this Action Memorandum is to request and document approval of the proposed
removal action described herein for the Ithaca Gun Company Site(Site), located in the City of
Ithaca,Tompkins County,New York 14850. The proposed project ceiling is$1,960,000, of
which$1, 00,000 is for mitigation contracting.
II. SITE CONDITIONS AND BACKGROUND
The Comprehensive Environmental Response, Compensation and Liability Information System
number for this time-critical removal action is NYD000204292.
A. Site Description
1. Rcmoval site evaluation (RSE)
The Site comprises property formerly occupied by the Ithaca Gun Company at 121-125 Lake
Street,Ithaca,New York,as well as an Ithaca.Falls parcel which is located directly downhill
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OC7-30-2001 14:38 FROM US EPA REGION 2 ORC TO 916072746507 P.03/12
from the Ithaca Gun Company property(see Attachment A,Figure 1). The Ithaca Falls
parcel which is owned by the City of Ithaca is popular with hikers, swimmers,fishermen and
others due to the scenic nature of the Ithaca Falls/FalI Creek gorge area. Lead shot was dumped
from the Ithaca Gun Company property into the gorge and laad shot and lead contaminated soils
have migrated onto the Ithaca Falls parcel via erosion from a portion of the Ithaca Gun Company
property. While the Ithaca Gini Company property is fenced,there are indications that
trespassers frequently visit the Site. The City's property is not fenced and there is clear evidence
that this property is actively used. Significant quantities of lead shot and dust are clearly evident
on the ground surface on both the Ithaca Gun Company property and the Ithaca Falls parcel.
Analytical results from sampling conducted by New York State on the City's property yielded
lead concentrations ranging from 251 parts per million(ppm)to 215,000 ppm.
On August 29, 2000, the U.S.Environmental Protection Agency(EPA)received a request from
the New York State Department of Environmental Conservation(NYSDEC)to conduct an
emergency removal action at the Ithaca Gun Company Site under Section 104 of the
Comprehensive Environmental Response, Compensation, and Liability Act(CERCLA),as
amended,by the Superfund Amendments and Reauthorization Act of 1986(see Attachment B).
This request was prompted by historical soil sampling that was conducted by the NYSDEC and
by Cornell University that revealed elevated lead concentrations. Based upon the sampling
results,the New York State Department of Health(NYSDOH) considers the Site a potentially
significant health threat,particularly for children.
On September 26 through September 29,2000,the EPA Response and Prevention Branch
conducted a removal site assessment(RSA) utilizing the Removal Support Team(RST)
contractor. The RST contractor collected surface and subsurface soil/sediment samples and
screened the samples for lead and arsenic using a field portable XRF instrument in order to
determine the extent of contamination. The RST contractor established 25'by 25' sampling grids
in art area approximately 100'wide by 200' long on the Ithaca Falls parcel. Samples were
collected at a depth of 0-6 inches and four samples were collected from a depth of 15 inches.
Soil/sediment samples were also collected,at 25-foot intervals, along Mill Race Creek,located
along the southern boundary of the property,for a distance of approximately 500 feet. Soil/
sediment samples were also collected along the eastern bank of Fall Creek,located along the
northern boundary, at 25-foot intervals. In addition,surface soil samples were collected at ten
biased locations on the Ithaca Gun Company property. A total of 110 soil/sediment samples
were collected. The results are illustrated in Attachment C.
Results from the RSA revealed total lead concentrations from non-detected to 136,000 ppm.
Subsurface soil samples collected at 15" contained lead in concentrations up to 28,900 ppm.
Arsenic concentrations ranged from non-detected to 3,000 ppm in surface soils samples.
Reportedly, arsenic was added to lead during the formation of lead bullets which allowed a more
spherical shape.
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OCT-30-2001 14:38 FROM US EPA REGION 2 ORC TO 916072746507 P.04/12
Further delineation of the extent of lead contamination occurred from July 24 to July 26,2001.
An upper area of a millrace channel and channel banks,including a plunge pool,on the Ithaca
Gun Property was assessed. A total of 50 surface and sub-surface soil samples were collected
and analyzed in the'field with an XRF. Results from this sampling event revealed total lead
concentrations from 648 ppm to 24,150 ppm. Subsurface soil samples collected at six inches
contained lead in concentrations up to 42,400 ppm. This sampling event also revealed a thin
veneer of soils, averaging six inches in depth.
The NYSDEC conducted a soil depth profile in May 2001 that revealed that the soil depths are at
their deepest in the eastern boundary and then gradually decrease in depth toward the west,i.e.,
five feet to one and a half feet. The total estimated volume of material proposed for excavation
and removal at the Site, based upon the removal off all soil to rock,is 1,820 cubic yards.
Lead contaminated soils were also identified on an adjacent property to the east and downwind
of the Site. This property belongs to the Sigma Nu fraternity and is represented by a heavy
vegetated slope immediately downwind from cyclone exhaust fans belonging to the former
Ithaca Gun manufacturing facility.
The Agency for Toxic Substances and Disease Registry(ATSDR)produced a Health
Consultation to assist the EPA in the evaluation of the public health implications of exposure to
lead contaminated soils at the Site. Based upon on-site observations,the available sampling data,
and the ATSDR's hazard category classification,the areas of lead contamination at the Ithaca
Falls parcel'and the former Ithaca Gun facility pose a public health hazard. Direct contact,
incidental ingestion,and inhalation of contaminated soils are likely.
Also included on the Ithaca Falls parcel is a small circular area of about 100 square feet where
NYSDEC, using very sensitive radiation detection instruments,detected concentrations of the
uranium series. The.NYSDEC collected surface and subsurface soil samples from two spots in
that area. The measured dose rates over the surveyed areas ranged from three to twelve urea/hr
which is consistent with background levels in the area.
2. Physical locution
The Ithaca Gun Company Site is located on Lake Street in the City of Ithaca,Tompkins County,
New York(see Attachment A, Figure 1),
3. Site characteristics
The Ithaca Gun Company was in operation from 1880 through 1986. Primary operations
included the manufacture of firearms and munitions. Included in these operations were: spray
paint booths and drying ovens for gun stocks; firing ranges;plating operations; metal shops; and
forge areas where lead was remelted for lead polishing. Ithaca Gun is at the top of a gorge
overlooking Ithaca Falls and a popular swimming and fishing section of Fall Creek. The City of
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OCT-30-2001 14:39 FROM US EPA REGION 2 ORC TO 916072746507 P.05i12
Ithaca recently purchased the Ithaca Falls parcel with the intention of turning it into parkland. A
portion of the Ithaca Gun facility is directly uphill of the Ithaca Falls parcel and appears to be the
historical source of the widespread lead shot found on the Ithaca Falls parcel.
According to 1990 United States Census Bureau data,there are approximately 2,000 people
living within 0.25 miles of the Site and 7,500 people within 0.5 miles of the Site. The NYSDOH
has been informed that the Ithaca Falls parcel is a favorite gathering area for students of Ithaca
High School which is less than 0.25 miles from the Site. The Fall Creek Elementary School is
also about 0.25 miles from the Site.
The proposed removal action addressed by this Action Memorandum will be the first cleanup
action conducted by EPA at the Site.
4. Release or threatened release into the environment of a hazardous substance,or
pollutant,or contaminant
Soil samples collected on three occasions (1994, 1997, and 1998)on the Ithaca Falls parcel
indicate high levels of lead contamination in surface soils. The soil samples collected by ComelI
University in 1997 contained lead ranging from 740 to 111,000 milligrams per kilogram(mg/kg)
with an average concentration of 28,301 mg/kg lead. The soil samples collected by the
NYSDEC in 1998 contained lead ranging from 591 mg/kg to 215,000 mg/kg with an average
concentration of 39,433 mg/kg. Of the samples collected in 1997 and 1998, four soil samples
were in excess of 100,000 mg/kg lead with the maximum concentration of 215,000 mg/kg found
closest to the Ithaca Gun Company facility. Surface and sub-surface soil samples collected from
the millrace that empties into Fall Creek,near a popular swimming and fishing area,contained
elevated levels of lead as well.
Results from the RSA revealed total lead concentrations from non-detected to 136,000 ppm.
Surface soils collected on the Ithaca Gun Company property ranged from 930 ppm to
136,000 ppn,with an average concentration of 36,900 ppm. Subsurface soil samples collected
at 15" contained lead in concentrations up to 28,900 ppm. Arsenic concentrations ranged from
non-detected to 3,000 ppm in surface soil samples.
Lead is designated as a CERCLA hazardous substance under 40 CFR§302.4 and is the primary
contaminant of concern at the Site. The mechanism for past releases appears to have been the
Ithaca Gun Company located adjacent and uphill of the Ithaca Falls parcel. Lead shot along with
slag and ash appear to have been discarded on the Ithaca Gun Company property and the Ithaca
Falls parcel and also appear to have migrated, and continue to migrate, from the Ithaca Gun
facility to the Ithaca Falls parcel.
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OCT-30-2001 14:40 FROM US EPA REGION 2 ORC TO 916072746507 P.06i12
The mechanisms for future releases to the soil,surface waters,and air include leaching of the
contaminants into the soils through precipitation events,migration to surface waters through
runoff, as well as the generation of suspended contaminated particulates from winds and
humarYmechanical disturbances. The contamination that remains on the Ithaca Gun Property is
expected to continue to migrate and further contaminate the millrace and gorge.
S. NPL status
The Site is not listed on the NPL nor is it being evaluated for proposed listing.
6. Maps,pictures and outer graphic representations
Please refer to Attachment A. Figure 1 for site location.
8. Other Actions to Date
1. Previous actions
With The exception of various sampling events,there have been no previous actions taken at the
Site.
2. Current actions
Currently,there are no Federal actions ongoing at the Site.
C. State and Local Authorities' Roles
1. State and local actions to date
Soil sampling was conducted by Cornell University and/or NYSDEC in 1994, 1997 and 1998.
2. Potential for continued State/local response
At this time,there are no other State/local response actions planned or expected.
III. THREATS TO PUBLIC HEALTH, OR WELFARE,OR THE ENVIRONMENT,
AND STATUTORY AND REGULATORY AUTHORITIES
A. Threats to Public Health or Welfare
EPA,has identified site conditions that correspond to factors in Section 300.415 (b)(2)of the
National Oil and Hazardous Substances Pollution Contingency Plan(NCP),40 CFR
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OCT-30-2001 14:40 FROM US EPA REGION 2 ORC TO 916072746507 P-07112-
§300.415(b)(2),
.07112§300.415(b)(2), which indicate that a removal action is necessary. Site conditions that
correspond to factors that provide a basis for a removal action under Section 300.415 (b)(2)of
the NaCl'include.
(i) Actual or potential exposure to nearby human populations,animals,or the food
chain from hazardous substances,or pollutants,or contaminants.
Under a cooperative agreement with the ATSDR,the NYSDOH prepared a Health Consultation
dated January 22, 2001 (see Attachment D)which evaluated the public health implications of
exposure to lead contaminated soils at the Ithaca Gun Company Site: Based upon on-site
observations, the available sampling data,and ATSDR's hazard category classification, the areas
of lead contamination at the Ithaca Falls parcel pose a public health hazard. Direct contact,
incidental ingestion,and inhalation of contaminated soils are likely at the Site. Off-site transport
of contaminated soils is a possibility.
Chronic exposure to lead is predominantly associated with effects on the nervous system and
blood(e.g.,anemia and increased blood pressure). The developing fetus and young children are
particularly sensitive to lead-induced effects. For example,lead exposure is associated with
premature birth and low birth weights,and may affect mental and physical development in
children. The highest levels of lead detected in soil at or near the Ithaca Gun Site(54,000 to
215,000 mglkg)could increase exposure of people to this contaminant and pose a health concern
for lead-related health effects, especially for young children.
(iv) High levels of hazardous substances, or pollutants, or contaminants in soils largely
at or near the surface,that may migrate;
Analytical testing has confirmed the presence of elevated levels of lead, a CERCLA hazardous
substance,in the surface soils. Another concern is the potential for lead-contaminated
particulates becoming airborne due to human/lnechanieal and wind disturbances, and for these
airborne particulates subsequently being inhaled by the residents.
(v) Weather conditions exist that may cause hazardous substances to migrate or be
released; and
Meavy rains potentially could result in the erosion of highly contaminated areas and the migration
of lead-contaminated soils.
(vii) There are no other appropriate federal or State response mechanisms currently
available to respond to the situation at the Site.
No other federal or State response mechanism is available to respond to the threats to human
health and the environment posed by the Site.
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B. Threat to the Environment
The proximity to Ithaca Falls Creek and Cayuga Lake provides an opportunity for contaminants
to migrate from the Site into these water bodies. Ithaca Falls Creek is a popular trout stream that
is frequented by anglers.
Analyses of the sediment samples collected from Ithaca Falls Creek indicate a release of
hazardous substance(s) from the Site. Ithaca Falls Creek is classified by NYSDEC for
recreational and fishing purposes.
IV. ENDANGERMENT DETERMINATION
Actual or threatened releases of hazardous substances from the Site,if not addressed by
implementing the response action selected in this Action Memorandum,may present an
imminent and substantial endangerment to public health, or welfare, or the environment.
V. PROPOSED ACTIONS AND ESTIMATED COS'T'S
A. Proposed Actions
1. Proposed action description
In an effort to mitigate the threats to public health,welfare,or the environment posed by the Site,
EPA will supervise an Emergency Rapid Response Services(ERRS)contractor in conducting a
removal action that will consist of. establishing support capabilities, erecting and repairing
fencing,possible demolition of existing site structures to provide accessibility for staging
excavated soils, installing slope stabilization/erosion control measures,excavation and removal
of lead-contaminated soil to a cleanup level of 400 ppm,backfilling with clean material,
restoration of excavated areas to pre-existing conditions,to the extent possible, and
demobilization. Based upon a preliminary investigation of the extent of contamination,lead
contaminated soils exist over most of the Ithaca Falls parcel as well as areas on the Ithaca Gun
Company property that are upstream and drain to the Ithaca Falls parcel. Included are soils
contained within the mill race and soils contained in the talus slope along the cliff forming the
Ithaca Falls Creek channel. The NYSDEC conducted a soil depth profile in May 2001 that
revealed that the soil depths are at their deepest in the eastern boundary and then gradually
decrease in depth toward the west, i.e., five feet to one and a half feet. In addition to lead
contaminated soils being removed from the Ithaca Falls parcel,three small areas of lead
contaminated soils will be removed from adjacent properties to the Site. Two areas belongs to
the Sigma Nu fraternity. One area is represented by a heavy vegetated slope immediately
downwind from cyclone exhaust fans belonging to the formcr Ithaca Gun manufacturing facility
while the other area is in a remote area downwind and northeast of the cyclone exhaust fans. The
third property belongs to Cornell University, and is downgradient from the factory, The
estimated volume of material proposed for excavation and removal is 1,820 cubic yards or
2,730 tons. Post excavation soil samples will be collected and analyzed via X-ray FIuorescence
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OCT-30-2001 14:41 FROM US EPA REGION 2 ORC TO 916072746507 P.09i12
to confirm removal of lead contaminated soils (10%of the samples will be sent for laboratory
analyses). The small area of soil containing uranium series radiation is commingled with
elevated lead concentrations and will,therefore be removed with the lead contamination.
The proposed approach for ameliorating the lead contaminated soil from the Ithaca Falls parcel
as well as from the former Ithaca Gun Factory property will be to start at the highest point,i.e.,
eastern boundary and work downhill toward the west. Work zones will be in the form of narrow
bands in a north-south orientation. The entire range of amelioration activities, i.e., clearing/
grubbing,soil removal, backfilling,soil stabilization and revegetation will be completed prior to
moving downhill. The work will be conducted so that large established trees will be saved
wherever practicable. Clean backfill will be stabilized via erosion control matting and filter
fabric. The area will be re vegetated with indigenous flora and hydro seeded. After completing
the higher elevated portions of the Ithaca Falls parcel,contaminated soils comprising the talus
slopes along the Ithaca Falls Creek and the mill race will be.removed and vegetation restored.
Prior to initiating the removal the lead contaminated soils site preparation activities will be
performed. Site preparation activities may require demolition and removal of three existing old
and dilapidated structures located on the northern side(the island)of the former Ithaca Gun
property to provide adequate space for staging equipment and materials.
2. Contribution to remedial performance
The removal action at the Site is consistent with the requirement of Section I04(a)(2)of
CERCLA,which states, "any removal action undertaken...should...to the extent practicable,
contribute to the efficient performance of any long-term remedial action with respect to the
release or the threatened release concerned." Since any remedial action undertaken on the Site
would have to address the lead contaminated soils,this removal action would be consistent with
any future remedial work.
3. Description of alternative technologies
Because of the quantities and types of the hazardous substances and/or wastes at the Site, on-site
treatment and/or incineration, is not appropriate. The selected removal action includes the
characterization of hazardous substances found at the Site and the transportation of all hazardous
substances off-site for treatment and/or disposal. The selected removal action has been
determined to be the appropriate response action for the Site based upon rhe criteria of
effectiveness,implementability and cost.
4. Engineering Evaluation Cost analysis(EE/CA)
Due to the time-critical nature of this removal action, an EEXA will not be prepared.
8
OCT-30-2001 14:42 FROM US EPA REGION 2 ORC TO 916072746507 P.10i12
S. Applicable or relevant and appropriate requirements(ARARs)
ARARs that are within the scope of this removal action,which pertain to the cleanup and
disposal of hazardous waste,will be identified and addressed to the extent possible. The Federal
ARARs determined to be applicable for this removal action are the Resource Conservation and
Recovery Act and Toxic Substances Control Act.
6. Project schedule
Once the Action Memorandum has been approved,the ERRS contractor will mobilize and
initiate the proposed removal action. It is estimated that nine months will be required to'
accomplish the excavation and removal of contaminated soil along with temporary restoration.
Site preparation activities can be accomplished by the end of the calendar year. Actual removal
of lead contaminated soil will commence during the Spring of 2002.
B. Estimated Costs
A summary of the estimated costs for the proposed action is presented below.
Extramural Costs:
Regional Allow=e Costs:
Total Cleanup Contractor Costs $1,300,000
Cleanup Contractor Cost Contingency(15%) $ 200,000
Other Extramural Costs Not Funded From Regional Allowances:
RST $ 100,000
Subtotal,Extramural Costs $1,600,000
ExtramuaI Cost Contingency(10%) $ 160,000
9
OCT-30-2001 14:42 FROM US EPA REGION 2 ORC TO 516072746507 P.11i12
Intramural Costs:
Intramural Direct Costs $ 66,000
Intramural Indirect Costs $ 134,000
TOTAL,INTRAMURAL COSTS $ 200,000
TOTAL,REMOVAL PROJECT CEILING $1,960,000
VII. V[PECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED
OR NOT TAKEN
Delayed action to address contaminated soils will result in a continued potential for human and
animal exposure. Lead levels in soils at or near the surface of the Site present the potential for
migration of contaminants into Mill Race Creek and Fall Creek.
VIII. OUTSTANDING POLICY ISSUES
None.
IX. ENFORCEMENT
EPA issued information request letters pursuant to Section 104(e) of CERCLA to entities that
may have knowledge concerning waste disposal at the Site. The responses to these letters have
assisted EPA in its continuing efforts to determine if there are any potentially responsible parties
who may have responsibility for some or all of the removal actions that will be necessary at the
Site. EPA will perform the work at the Site and will seek to recover costs of response from
responsible parties.
X. RECOMMENDATION
This decision document represents the selected removal action for the Ithaca Crura Company Site,
located in the City of Ithaca, Tompkins County,New York, developed in accordance with
CERCLA, as amended,and not inconsistent with the NCP. This decision is based on the
Administrative Record for the Site.
10
OCT-30-2001 14:42 FROM US EPA REGION 2 ORC TO 916072746507 P.12i12
Conditions at the Site meet the NCP Section 300.415(b)(2)criteria for a removal action, and I
recommend your approval of the proposed removal action. The total project ceiling if approved
will be$1,960,000. Of this, an estimated$1,500,000 comes from the Regional removal
allowance.
Approval:_ % C,0 Date: q/I q to I
*X:�ath"IeeC. Callahan, Acting Director
JJ Emergency and Remedial Response Division
Disapproval: Date:
Kathleen C. Callahan,Acting Director
Emergency and Remedial Response Division
cc: (after approval)
K. Callahan,ERRD-D K. Weaver,OPM-FIN
J. Frisco,ERRD-DD C. Moyik,ERRD-PS
R. Salkie,ERRD-RAB T.Johnson,5202G
J. Rotola,ERRD-RAB P, McKechnie,IG
J. Witkowski,ERRD-RAB M. O'Toole,NYSDEC
B.Dease,ERRD-RPB C. Rudick,NYSDEC
P. Simon,ORC-NYCSLIP A.Raddant,DOI
G. Shanahan, ORC-NYCSUP G. Wheaton,NOAA
MA Cervantes-Gross,CD C.Kelley, RST
R.Gherardi,20PM-FMB
11
TOTAL P. 12
TO: Patricia Vaughan, Chairperson B&A
FROM: Lawrence P. Fabbroni, P.E.,L.S., Asst. Supt.DPW,Water& Sewer
RE: Budget Adjustment For Immediate Replacement of Sewer Jet Truc
DATE: November 15,2001
Over the past three months we have been experiencing severe leakage problems with our
sewer jet truck upon which the Water& Sewer Division depends heavily to resolve daily
sewer stoppage problems. Attempts to effect a lasting repair by highly skilled welders
have only proved to be temporary. We are currently attempting to buy six months lifeby
experimenting with a marine epoxy material. The nature and location of the problem and
the history of recent repair suggest that this equipment which is nineteen years old(1982)
should have been scheduled for replacement as part of the division 2002 budget.
In order to be able to bid and replace this equipment early in 2002, we proposed the
following budget amendments:
Delete 2002 request for 3/a Ton Pickup for$27,000
F8316 5215 $10,800
G8116 5215 $16,200 Q
Delete 2002 request for 5 Yd Heavy Duty Dump Truck$65,000 ?
F 8316 5215 $26,000 I
G 8116 5215 $39,000 'By
Encumber 2001 Equipment Funds in the amount of$10,000
F 8316 5215 $4,000
G 8116 5215 $6,000
TOTAL DELETED OR ENCUMBERED
F 8316 5215$409800
G 8116 5215$61,200
TOTAL $102,000
TOTAL TO BE ADDED
Estimated Cost Of New Truck Chassis and Flusher Unit$102,000
F 8316 5215 $409800
G 8116 5215$61,200
TOTAL $102,000
This deferral involves a number of compromises in needed equipment replacement.
However, we hope you concur that this replacement is a vital necessity in the system for
uninterrupted sewer service to our 5700 customer accounts.
DPW - Water & Sewer - Request to Amend 2002 Authorized Equipment List
WHEREAS, the Water and Sewer Division' s 1982 Sewer Jet Truck has been
experiencing severe leakage problems over the last three months, and
WHEREAS, the division relies heavily on the sewer jet truck to correct
daily stoppage problems, and
WHEREAS, several repair attempts to the vehicle have been tried without
success, and
WHEREAS, the cost of a new machine has been estimated at $102, 000, and
WHEREAS, City Water and Sewer staff are recommending replacement of the
sewer jet truck early in 2002, by deferring acquisition of other
equipment; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2002 Authorized Water and
Sewer Department equipment list as follows:
Delete: One (1) '% Ton Pickup $27, 000
One (1) 5 yd. Heavy Duty Dump Truck 65, 000
$92, 000
Add: One (1) Sewer Jet Truck Chassis and
Flusher Unit $102,000
and be it further
RESOLVED, That Common Council hereby directs the total encumbrance of
$10, 000 from 2001 Water and Sewer Equipment accounts F8316-5215 $4, 000,
and G8116-5215 $6, 000 for the purposes of partially funding the said Sewer
Truck acquisition for 2002 .
f 0;, 16 200
To: Patricia Vaughan, Chairperson B&A
From: Lawrence P. Fabbroni, P.E.,L.S. I
Re: Renewal of Michael Ocello Personal Services Contract 'By
Date: November 16,2001
Please schedule discussion to renew the personal services contract for Michael Ocello for
2002. Mr. Ocello has provided invaluable training in the use of Autocad and other
computer systems to the inexperienced personnel at Water and Sewer. He has also acted
as a draftsman to move forward special projects and the water infrastructure
rehabilitation. His contract for 2002 would be for$21.42 per hour for a maximum of
$22,500.
AMENDMENT
TO CONTRACT FOR
PROFESSIONAL SERVICES
This document serves as an amendment to the contract for professional services made on
the 2nd day of June 1999 between THE CITY OF ITHACA hereinafter called the"City"
anal Michael A Ocello hereinafter called the"Consultant'.
The amendment shall be made to item 2 of the contract and shall read: The Consultant
shall be paid a fixed fee of$' ` X0.'10 per hour not to exceed$ k.$22;000.00 for
the period of January I thru December 30,2001.
CITY OF I CA:
BY•
I Pam
DATE:
CONSULTANT:
BY:DATE: o/
! — g- o/
APPRO FORM:
iir.� J'�- DATE:
. Ci'ty Attorney
DATE:
Con ler
0-t-- DATE:
Citir,B&A.
20 8 1DPW/Water Sewer - Approve: Extension.--of-Professional
Services Contract
WHEREAS, Common Council approved at its regular meeting
.,
"JanuarX :.,S, 2000, an extension of an on-site AutoCAD _training
service >coritract at " .Water and Sewer -and other.
City
departments for Michael O'Cello for the year 2000, and
WHEREAS, the Water and sewer 'Division requests an extension
of that " contract to December 31, 2001 at . a $20.70 hourly
rate, and
WHEREAS, -the current heavy 'workload in the Water and Sewer
Division related to 'regional water and sewer _engineering
-- - efforts, and overall City-development have increased the need
for specialized and experienced_ manpower to - maintain the
overall' operations of -the 'division; now, therefore, be it
RESOLVED, That Common Coiincil . hereby authorizes the
Superintendent of Public Works to extend the independent
contract for on-sit tra' with Michael *O'Cello
for the ,period. fro _January -1, 2001 to Dec 2001
to be reimbursed at the ra e. :o 20.70 per hour, for a
total contract extension not - to exceed 22, 0 and be it
further
RESOLVED,� That .the funds_-for said 'contract "shall bd 'derived
from :Water and Sewer operating accounts and Capital 'Project
#506
20 9 DPW/Water sewer!",Extension of Professional
Services Contract
- - Common Council - approved at
. - its regular meeting
..
` January ,-5,
. _. < -2000an -~'extension
of an engineering and
construction management .services contract at Water and Sewer :
for .Eric .Whitne _ _
. _ _ Y _-for the year 2000, °:arid -
WHEREAS, " the request to covert this`Icontract to a full-time"
position in the Water and Sewer Division is under way, and
WHEREAS, the Water and Sewer Division requests an extension
of the contract until a full-time position is established,
and
WHEREAS, the current heavy workload in the Water and Sewer
Division related to regional water and sewer engineering
efforts, and overall City development have increased the need
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
DEPARTMENTOF PUBLIC;WORKS
William J. Gray. PE., Superintendent/City Engineer
Telephone: 607/271-6527 Fax: 607/274-6587 V
Po�T�v � D
t
rp
MEMORANDUM 2 0
By
TO: Board of Public Works
FROM: William J. Gray, P.E., Superintendent of Public Works ..k_r..�� (d x l
RE: Proposed Position Upgrade in Engineering— Creation of Director of Engineering
DATE: November 2, 2001
This memo will serve as my formal request to start the process of upgrading a position in
the engineering office to provide direct oversight of the engineering functions on a day to day
basis. While I don't believe that this is the solution to the larger problem of the imbalance
between work load and staff available, it is a necessary tool in any effort to correct the problem
of managing engineering services for the city. It recognizes something that I already depend on.
- Taking this step towards the problem resolution will only help me uncover the magnitude of the
problem itself(availability of staff skills and staff hours v. project demands for skills and hours).
I have discussed this problem previously with the Board of Public Works.
The Mayor has recently directed all the departments to develop a 2002 Work Program,
similar to that used by the Planning Department. The last time this office developed a
comprehensive work program was 1996, copy attached. The bottom line of the 1996 effort was
that there were twice as many hours needed as there were staff hours available. This effort didn't
address the needed distribution of skills in these staff hours, which would have proved an even
wider disparity.
I realize that the temptation for any administrative body would be to tell me to create a
fully comprehensive department reorganization before asking for this type of individual job
creation. However, my experience has been that there will be no comprehensive reorganization,
that the workload will always be out of balance by a significant factor, and that we will be
expected to "do the best we can". It is important to undertake this to take the first step. It is
quite human for Boards of Public Works, Common Councils and Mayors to believe that all the
work assigned to staff should be accomplished in a timely manner, when in fact that there's no
chance that that will ever happen, unless the equation is balanced. My experience in public
service is that the equation will never be balanced because there are always more demands than
there are resources and that, at the best of times, the demands are couched in the terms of"if you
have a chance" or"when you have the opportunity we also need this".
"An Equal Opportunity Employer with a commitment to workforce diversification." Ca
Page 2
Re: Proposed Position Upgrade in Engineering— Creation of Director of Engineering
Date: November 2, 2001
The demands on staff are commonly twice what they can ever reasonably accomplish.
This is not necessarily bad unless either the parties forget that the equation is never balanced and
begin to believe that they should be doing all of the things that are on their list. The Planning
Department has tried to control this situation for years by having Common Council adopt a
balanced work program and then demanding consultants for all the new work.
With your permission, I will ask for a BPW resolution sending me on HR and B&A to
create this permission.
cc: Alan J. Cohen, Mayor
Paulette Manos, Chair, HR Committee
Patricia Vaughan, Chair, B&A Committee
DPW - Request to Establish Capital Project for Traffic Signal at Meadow
Street/K-mart
WHEREAS, the traffic signal on Meadow Street at the entrance to K-mart and
Ithaca Plaza is in need of replacement, and
WHEREAS, DPW staff have estimated a replacement cost for the traffic
signal in the amount of $900 to bring the signal up to current NYSDOT
standards, and /0 5, r 0`
WHEREAS, the Ithaca Plaza and K-mart owners have agreed to share the cost
of said traffic signal replacement, based on the attached Escrow
Agreement, and
WHEREAS, per the Escrow Agreement, the City will act as the escrow agent
and receive, hold and make necessary payments to contractors with escrow
funds; now, therefore, be it
RESOLVED, That Common Council hereby establishes Capital Project #448 in
the amount not to exceed $99;3-00 for the Replacement of the Traffic Signal
on Meadow Street at K-mart and the Ithaca Plaza, and be it further
RESOLVED, That funds for said Traffic Signal Project shall be derived from
the K-mart Corporation and the Ithaca Plaza owner per attached escrow
agreement dated August 20, 2001.
J
ESCROW AGREEMENT
THIS AGREEMENT, is made as of this 20th day of August, 2001, V and among
ITHACA JOINT VENTURE, a joint venture, having an address at 708 3' Avenue, NY,
NY 10017 ("Ithaca Plaza Owner"); ALPINE 83 ASSOCIATES, a Pennsylvania limited
partnership having an address at 803 McKnight Park Drive, Pittsburgh, Pennsylvania
15237 ("Alpine"); KMART CORPORATION, a Michigan corporation having an address
at 3100 West Big Beaver Road, Troy, Michigan 48084 ("Kmart"); STAPLES THE
OFFICE SUPERSTORE, EAST, INC. AS SUCCESSOR IN INTEREST TO STAPLES,
INC., a Delaware corporation having an address at Staples Headquarters, 500 Staples
Drive, Framingham, Massachusetts 01702 ("Staples"); the CITY OF ITHACA, a
municipal corporation under the laws of the State of New York, having an address for
notice purposes at 108 East Green Street, Ithaca, New York 14850 (the "City"); the
NEW YORK DEPARTMENT OF TRANSPORTATION, an agency organized under the
laws of the State of New York, having an address for notice purposes at 333 East
Washington Street, Syracuse, New York 13202 (the "NYDOT"); and HOSPITALITY
SYRACUSE, INC. d.b.a TACO BELL, a Michigan corporation, having an address at
P.O Box 1269, Traverse City, MI 49685 ("Taco Bell").
This Agreement is made based and in reliance on the following matters:
A. Ithaca Plaza Owner owns the property in Ithaca, New York, described in
Exhibit A-1 hereto ("Ithaca Plaza"), which is adjacent to South Meadow Street.
Alpine leases the property immediately across South Meadow Street from Ithaca Plaza
described in Exhibit A-2 hereto ("Alpine Shopping Center"). Ithaca Plaza and Alpine
Shopping Center are depicted on Exhibit B hereto. Kmart leases a portion of the retail
building on the Alpine Shopping Center depicted on Exhibit B as "Kmart." Staples
leases the remainder of the building depicted as "Staples" on Exhibit B. Taco Bell
leases a portion of the Ithaca Plaza site depicted on Exhibit A-1 hereto.
B. Entrances to both Ithaca Plaza and the Alpine Shopping Center are now
served by the traffic signal depicted on Exhibit B as "Traffic Signal". NYDOT has
required the removal and replacement of such signal with a traffic signal meeting
current regulations of NYDOT (the "New Signal"). NYDOT, the Ithaca Plaza Owner,
Kmart, Staples and Taco Bell have agreed to share the costs to supply and/or install the
New Signal. The City has agreed to act as "Escrow Agent" to hold monies for the New
Signal and to apply as permittee for the New Signal. NYDOT has agreed to take
possession of and title to the New Signal and to thereafter maintain and repair the New
Signal
NOW, THEREFORE, in consideration of $1.00, and the mutual benefits and
obligations of the parties set forth hereinafter, the parties hereby agree as follows:
1. The parties acknowledge that the estimated cost to install the New Signal,
less the contribution by NYDOT as provided in Section 5 below, is $90,300.00 (the
"Estimated Cost"). Within fourteen (14) business days of notice of execution and
delivery to the City and NYDOT of this Agreement by all parties, the Ithaca Plaza
Owner, Kmart, Staples and Taco Bell shall each pay, by wire transfer or certified check,
into an escrow account to be held by the City their respective Contribution Shares (as
hereinafter defined) of the Estimated Cost. The City shall give notice to the other
parties hereto of the date the City received originals of this Agreement executed by all
parties hereto. If the Ithaca Plaza Owner, Kmart, Staples or Taco Bell fail to make such
payment within such 3-day period, the other parties hereto may elect to terminate this
Agreement, by giving written notice to all other parties at any time thereafter until all of
such payments are made.
(a) The "Contribution Shares" shall be: (i) the Ithaca Plaza Owner: five-
thousand ($5,000.00) dollars total contribution which cannot be increased under the
terms of this Agreement for any reason whatsoever; (ii) Taco Bell two-thousand five
hundred ($2,500.00) dollars total contribution which cannot be increased under the
terms of this Agreement whatsoever;, (iii) Kmart: 73% of the cost as defined in
Paragraph 4 of this Agreement with sixty-thousand four hundred and forty-four
($60,444.00) dollars as its initial contribution toward that amount; and (iv) Staples: 27%
of cost as defined in Paragraph 4 of this Agreement with twenty-two thousand three
hundred and fifty-six ($22,356.00) dollars as its initial contribution toward that amount.
Kmart and Staples acknowledge and agree that their respective Contribution Shares are
based upon the following stipulated square footages of the retail buildings at Alpine
Shopping Center: 118,331 sq. ft., of which Kmart occupies 86,604 sq. ft. and Staples
occupies 31,727 sq. ft.
2. Within three (3) business days of the City's receipt of all of the Estimated
Cost, the City shall notify all other parties hereto and, within three (3) business days of
receipt of the City's notice: (a) the City shall make application for the New Signal in the
form of Exhibit C hereto, and (b) Kmart shall solicit bids: (i) from the contractors
approved by NYDOT listed in Exhibit D-1 hereto for the preparation and submission to
NYDOT of plans for the New Signal (the "Plan Contractors"); and (b) from the
contractors approved by NYDOT listed in Exhibit D-2 hereto, for the manufacture and
installation of the New Signal (the "Installation Contractors").
3. (a) The City shall contract with the Plan Contractor which submits the
lowest bid within fifteen (15) days of the mailing of the solicitation letter. NYDOT agrees
to promptly review and approve or comment upon such plans. The City shall send
copies of the plans for the New Signal (and all revisions thereof) to all other parties
hereto promptly upon receipt thereof.
(b) The City shall contract with the Installation Contractor which submits
the lowest bid within fifteen (15) days of the mailing of the solicitation letter. Upon
approval of the plans for the New Signal by NYDOT, the City shall promptly furnish to
the Installation Contractor a complete set of the approved plans.
2
(c) The City shall not enter into any contract which shall permit the Plan
Contractor or the Installation Contractor to charge costs in excess of the amount initially
bid by such contractor (other than fees charged by NYDOT for the application and plan
review), unless the City shall obtain the prior written consents of the Ithaca Plaza
Owner, Kmart, Staples and Taco Bell.
The City shall send copies of all notices under this paragraph to all other
parties to this Agreement.
4. (a) The "Final Cost" shall mean the sum of: (i) all of the following: (A) the
bid price by the Plan Contractor, plus all other costs charged by the Plan Contractor
which were approved by the Ithaca Plaza Owner, Kmart, Staples and Taco Bell; (B) the
bid price by the Installation Contractor, plus all other costs charged by the Installation
Contractor which were approved by the Ithaca Plaza Owner, Kmart, Staples and Taco
Bell; and (C) if not included in the foregoing, all fees and charges made by NYDOT for
application for the New Signal and plan approvals; less (ii) the amount for manufacture
and supply of the "controller box and cabinet" for the New Signal, not to exceed
$7,000.00. All costs other than the Final Cost incurred by any party, including, without
limitation, attorneys' fees, shall be borne solely by the party incurring the same.
(b) The City shall be entitled to withdraw from the escrow of the Estimated
Cost and pay to the Plan Contractor or the Installation Contractor, as the case may be,
any amounts which are included in the Final Cost defined above. Upon completion of
the installation of the New Signal: (i) if the Final Cost is less than or equal to the
Estimated Cost, then the portion of the escrow of the Estimated Cost remaining after
payment of all of the Final Cost shall be paid to Kmart and Staples in proportion to their
respective Contribution Shares; or (ii) if the Final Cost is greater than the Estimated
Cost (and, within ten (10) business days of determination that the Final Cost will exceed
the Estimated Cost), Kmart and Staples shall pay to the City to hold in escrow with the
Estimated Cost their respective Contribution Shares of the excess of the Final Cost over
the Estimated Cost.
(c) It is further agreed that if for any reason whatsoever the Final Cost
exceeds the Estimated Cost, the costs in excess of the Estimated Cost shall be paid
solely by Kmart (73%) and Staples (27%) as set forth in Paragraph 1(a) of this
Agreement (therefore it is agreed that the Ithaca Plaza Owner shall be required to pay
$5000.00 only and Taco Bell shall be required to pay $2,500.00 only pursuant to
Paragraph 1(a) of this Agreement even if the Final Cost exceeds the Estimated Cost).
5. NYDOT agrees to furnish the Installation Contractor, the controller and
cabinet for the New Signal. Upon completion of the installation of the New Signal,
NYDOT agrees to incorporate the New Signal into the State of New York system of
traffic regulation and assume ownership of and all associated liability, maintenance and
energy costs for the New Signal at the sole cost and expense of NYDOT.
3
6. This Agreement constitutes the entire agreement between the parties
regarding the subject matter hereof and all prior negotiations and agreements, whether
written or oral, shall be merged herein and superseded.
7. The Ithaca Plaza Owner represents and warrants that it is the owner in fee
simple of the Ithaca Plaza. Alpine represents and warrants it has a leasehold interest in
the Alpine Shopping Center. Kmart, Staples and Taco Bell each represent that it is a
lessee of a portion of the Ithaca Plaza or Alpine Shopping Center. Each party hereto
represents and warrants that it has the power to execute this Agreement, the execution
of this Agreement constitutes the binding obligation of such party and was authorized by
all necessary business or governmental actions, and the execution of this Agreement
does not require the consent of any other person, party or entity and will not conflict with
or result in the breach of such party's organizational charters or agreements or any
agreement to which such party is a party or by which it may be bound.
8. All notices, demands and other communications given pursuant to this
Agreement shall be in writing and shall be deemed given on the date mailed, if mailed
by nationally recognized overnight courier or by registered or certified mail, return
receipt requested, with postage prepaid, if mailed to the party's respective address as
set forth on page 1 of this Agreement. In the case of NYDOT, notice shall be marked
"Attention: Mr. Barry A. Stevens, P.E."; in the case of the City, notice shall be marked
"Attention: Mr. William J. Gray, Superintendent of Public Works"; in the case of Kmart,
notice shall be marked "Attention: Vice President Real Estate"; in the case of Staples,
notice shall be marked "Attention: Mr. Paul Van Campe, Esq," in the case of Taco Bell,
notice shall be marked "Attention: Mr. Stephen B. Pinkerton;" and in the case of Ithaca
Plaza notice shall be marked "Attention: Edward J. Schwartz, Esq. and Thomas
Henderson."
9. This Agreement shall be interpreted under the laws of New York. The
recitals to this Agreement are hereby incorporated in this Agreement. This Agreement
is the product of negotiation and the parties agree that it shall be interpreted in
accordance with its apparent meaning and not for or against any party hereto, including
the drafter. This Agreement may not be changed or amended except by a writing duly
authorized and executed by all of the parties hereto.
10. All provisions contained in this Agreement shall be binding on, inure to the
benefit of, and be enforceable by, the respective successors and assigns of the parties.
11. This Agreement may be executed in counterparts, each of which shall be
considered an original but which, taken together, shall constitute one and the same
instrument.
[Intentionally Blank; Signature Page Follows]
4
IN WITNESS WHEREOF, this Agreement has been executed as of the day and
year first above written. Such date shall be the date upon which the last of the parties
hereto shall have executed and delivered this Agreement.
WITNESSED: ITHACA JOINT VENTURE
By:
Its:
Dated:
ALPINE 83 ASSOCIATES
By:
Its:
Dated:
MART CORPORATION
By:
Its:
Dated:
STAPLES THE OFFICE SUPERSTORE
EAST, INC.
By:
Its:
Dated:
5
CITY OF ITHACA
By:
Its: Mayor.
Dated:
NEW YORK DEPARTMENT OF
TRANSPORTATION
By:
Its:
Dated:
HOSPITALITY SYRACUSE, INC. D.B.A.
TACO BELL
By:
Its:
Dated:
RAL-11335-4547 BL-287984-2
(0128101)
BLOOMFIELD 113354547 287984-2
6
Tompkins County Hazardous Materials Response Team
Resolution
Whereas, the current national situation involving the threat of weapons of mass
destruction/mass effect has the potential for local implications; and,
Whereas, there is not a comprehensive and consistent hazardous materials response
capability throughout Tompkins County; and,
Whereas, § 204-f of the New York State General Municipal Law requires each county to
develop a plan for fire service response to hazardous materials incidents; and,
Whereas, there is an exigent need for law enforcement agencies in Tompkins County to
be able to rely on a hazardous materials capability; and,
Whereas, grant and other resources related to the national effort to develop a
comprehensive response capability will be channeled to County hazardous materials
teams; and,
Whereas, § 209-y of the New York State General Municipal Law authorizes Tompkins
County to establish a County hazardous materials team; now, therefore be it
Resolved, the Board of Representatives of Tompkins County hereby designates the
Ithaca Fire Department Hazardous Materials Unit as the Tompkins County Hazardous
Materials Team; and, be it further
Resolved, the Tompkins County Hazardous Materials Response Plan is to be revised to
incorporate this designation, while still recognizing the authority and responsibility of
local fire departments.
DRAFT
Tompkins County Hazardous Materials Team Proposal 11/9/01
Frequently Asked Questions page 1 of 2
1 ) Will other Fire Depts. In the county want to be included with membership on this
team? The team would be based on the Ithaca Fire Department's Hazardous
Materials Unit. If other departments or their members wanted to be involved, we
would need to consider that request at the time it is made.
2) Since we are so cramped for space right now, where would the storage facilities
for permanent and disposable equipment be located? On vehicles, in stations, in
trailers, in new facilities to be constructed. This is an issue —we are out of
space. Fulfilling any component of our mission right now is made more difficult
because of the space shortages.
3) Costs:
a) Will there be a cost assessment to the other departments for "services
rendered" by the IFD? It all depends on how the agreement is structured
between the fire department and the County. It is possible that each response
to an outside district would result in a billing for services rendered.
b) What will be the impact on the Town of Ithaca financially and should they be
made aware of this discussion early on? The Ithaca Fire Department currently
maintains a hazardous materials capability. The cost for that is already
distributed between the City and the Town (Only). The concept of a regional
team would be to make the financial demand on everyone more equitable.
C) Where will the initial "start up" money come from to greatly expand the IFD
capability, including training and certification for both Bio & Chemical incidents?
Start-up is already done; we have the capability now. What we don't have is the
day-to-day resources required to provide the on-going training needed, nor to
fully equip a team appropriately.
d) What is different now as far as costs go? With "traditional" haz mat, we have
the ability to bill the shipper, owner, or other entity for services rendered so that
costs are recovered. With chemical or biological terrorism, we do not.
Developing the ability to share the costs of preparedness, response, and
mitigation to such an incident, without developing expensive and redundant
capability, seems like good practice.
4) Should this program be of such a priority that it should be implemented before
any of the above questions are fully resolved? The Ithaca Fire Department is
already committed to deliver these services on a mutual aid basis. If someone
calls, we will go. There are needs that are still being defined right now, and it is
entirely possible that County fire departments may not agree that the Ithaca Fire
Department should be designated as the County team. My interest is in being in
the pipeline to receive any state or federal funds that may come to support
regional hazardous materials teams. Currently, the City and Town of Ithaca
support our capability by themselves.
R A F"T
Tompkins County Hazardous Materials Team Proposal 11/9/01
Frequently Asked Questions page 2 of 2
5) How will you be able to balance the manpower requirement for participation with
all the other duties that the department now has since we are shorthanded?
Management of risk is what we do. Much of our ongoing discussion is aimed at
making the community aware of what those risks are. In most cases, we are
talking about probabilities and the potential for a large-scale incident, or several
smaller incidents, to outstrip the resources we can bring to bear at any given
time. This is a double-edged sword for us. On the one hand, taxpayers want us
to be busy, to limit idle time. On the other hand, when we say we need
resources to properly deliver those additional services related to efficient
commitment of people, we are confronted with the question of "Can you, or why
do you need to, do this?" Our question back is "If not the fire department, then
who?"
6) Given that this program is fully implemented, will the department have sufficient
people to both handle a haz-mat problem and other emergencies at the same
time? As with most of our current duties, the fire department has been in the
business for a long time. This stuff is not new. What is new are additional
regulations governing how we deliver the services, an increased awareness of the
importance of doing things safely, with proper equipment, and new dimensions to
old problems, e.g. bio-terrorism.
Y A
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BUDGET
G.I.A.C. GYM H.V.A.C. CP# TWW 12/04/2001
Pre-Bid Committed CommittmentsCommittments
Budget Expended Remaining
PROFESSIONAL SERVICES
Architect $33,359.99 $0.00 $0.00 $0
Reimbursibles $0.00 $0.00 $0.00 $0
Testing $400.00 $0.00 $0.00 $0
Contingency $3,336.00 $0
$37,095.98 $0 $0 $0
CONSTRUCTION CONTRACTS
H.V.A.C. $143,351.68 $0 $0 $0
Electrical $37,830.05 $0 $0 $0
Floor $21,000.00 $0 $0 $0
DPW-labor $0.00 $0 $0 $0
DPW-materials $0.00 $0 $0 $0
contingency $20,218.17 $0 $0 $0
$222,399.90 $0 $0 $0-
IN-HOUSE
Inspection $0 $0
Owner's rep. $0 $0
Finance $4,448.00 $0 $0 $0
Attorney $2,400.00 $0 $0 $0
Miscellaneous reimbursibles $500.00 $0 $0 $0-
$7,348.00 $0 $0 $0
TOTAL $266,843.89 . $0 $0 $0
X70,000.00
TotalFunding............................................ `.............................. ......... $0.00
Total Committments expended and remaining + Proposed........................................... $0.00
Remainingfunds............................................................................................................. $0.00
CONTRACT 1 CONTRACT 2 CONTRACT CONTRACT 4
ORIGINAL CONTRACT PRICE $0.00 $0.00 $0.00 $0.00
ACCEPTED CHANGE ORDERS $0.001 $0.00 1 $0.00 1 $0.00
1550804
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a. DETAILED ESTIMATE REPORT BY PROGRAM ITEM WITH DI! To Fro
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Phone M Phone M
PROGRAM ITEM PROGRAM DESCRIPTION
1 GYMNASIUM AIR.COND MON1NG Fax a '2-7 - Fax d
DIVISION 15 HWR MATERIAL LABOR OVERHEAD TOTAL
SIZE QUANTITY UNITS COSTIUNIT COSTIUNIT AND PROFIT COST I ITEM BUDGET
AIR BALANCING 1 EA $0.00 $3,593.75 $539:06 $4,132.81 $0.00
AIR HANDLING UNIT,BUILT UP 6000 CFM 2 £A $3,248.75 $1,725.00 $1,492.12 $11,439.62 $0.00
AIR SEPARATOR 2" 1 EA $460.00 $120.03 $87.00 $667.04 $0.00
M
AUTO AIR VENT 314' 1 EA $90.27 $33.06 $18.50 $141.84 $0.00
CONDENSING UNITS 20 TON 2 EA $12,880.00 $2,803.13 $4,704.94 $36,071.19 $0.00
DAMPER ACTUATOR 2 EA $272.55 $50.31 $96.86 $742.58 $0.00 .
DDC CONTROLLER WIPROGRAMMING 32 POINT 1 EA $5,865.00 $0.00 $879.75 $6,744.75 $0.00
DEMO-AHU 2 EA $0.00 $359.38 $107.81 $826.56 $0.00
DEMO-CONTROLS 2 EA $0.00 $143.75 $43.13 $330.63 $0.00
DEMO-HOT WATER PIPING 1-112 200 LF $0.00 $1.98 $59.51 $456.26 $0.00
DEMO-OUTSIDE AIR LOUVER 2 EA $0.00 $143.75 $43.13 $330.63 $0.00
DEMO-RA GRILLEIDUCT 18X18 40 LF $0,00 $3.92 $23.55 $180.52 50.00
DEMO-RELIEF AIR DUCT 30X18 50 LF $0,00 $4,17 $31.27 $239.70 $0.00
DEMO-SA/OA DUCTWORK 18X24 20 LF $0.00 $3.92 $11.77 $90.26 $0.00
0
EXHAUST AIR LOUVERS 48X64 2 EA $943.00 $276.00 3365.70 $2,803.70 $0,00
w EXPANSION TANK 30 GAL 1 EA $431.25 $60.37 $73.74 $585.37 $0.00
N FREEZESTAT 2 EA $92.00 $115.00 $62.10 $476.10 $0.00
M HEAT EXCHANGER 1 EA $2,386.25 $181.13 $385.11 $2,952.48 $0.00
m
HEATING COIL 30X60 2 EA $931.50 $524.69 $436.86 $3,349.23 $0.00
HW BALANCE VALVE 1-1P2 4 EA $170.20 $40.25 $126.27 $968.07 $0.00
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1550804
,. Date 12/4/2001
Design Phase Cann nn I of R
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4 Dae pages
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Phone N Phone M
PROGRAM ITEM PROGRAM DESCRIPTION
1 GYMNASIUM AIR CONDMON1NG Fax a -2-74_ Fax
DIVISION 15 MWH MATERIAL LABOR OVERHEAD TOTAL
SIZE QUANTITY UNITS COSTIUNIT COSTIUNIT AND PROFIT COST IITEM BUDGET
AIR BALANCING 1 EA $0,00 $3,593.75 $539.06 $4,132,81 $0.00
AIR HANDLING UNIT,BUILT UP 6000 CFM 2 EA $3,248.75 $1,725.00 $1,492.12 $11,439.62 50.00
AIR SEPARATOR 2" 1 EA $460.00 $120.03 $87.00 $667.04 $0.00
AUTO AIR VENT 314' 1 EA $90.27 $33.06 $18,50 $141.84 $0.00
CONDENSING UNITS 20 TON 2 EA $12,880.00 $2,803.13 $4,704.94 $36,071.19 $0.00
DAMPER ACTUATOR 2 EA $272.55 $50.31 $96.86 $742.58 $0.00
DDC CONTROLLER WIPROGRAMMING 32 POINT 1 EA $5,865.00 $0.00 $879.75 $6,744.75 $0.00
DEMO-AHU 2 EA $0.00 $359.38 $107.81 $826.56 $0.00
DEMO-CONTROLS 2 EA $0.00 $143.75 $43.13 $330.63 $0.00
DEMO-HOT WATER PIPING 1-112 200 LF $0.00 $1.98 $59.51 $456.26 $0.00
DEMO-OUTSIDE AIR LOUVER 2 EA $0.00 $143.75 $43.13 $330.63 $0.00
DEMO-RA GRILLEIDUCT 18X18 40 LF $0.00 $3.92 $23.55 $180.52 $0.00
DEMO-RELIEF AIR DUCT 30X18 50 LF $0.40 $4.17 $31.27 $239.70 $0.00
DEMO-SA IOA DUCTWORK 18X24 20 LF $0.00 $3.92 $11.77 $90.26 $0.00
0
EXHAUST AIR LOUVERS 48X64 2 EA $943.00 $276.00 $365.70 $2,803.70 $0.00
w EXPANSION TANK 30 GAL 1 EA $431.25 $60.37 $73.74 $565.37 $0.00
U) FREEZESTAT 2 EA $92.00 $115.00 $62.10 $476.10 $0.00
HEAT EXCHANGER 1 EA $2,386.25 $181.13 $385.11 $2,952.48 $0.00
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HEATING COIL 30X60 2 EA $931.50 $524.69 $436.86 $3,349.23 $0.00
HW BALANCE VALVE 1-112 4 E.A. $170.20 $40.25 $126.27 $968.07 30.00
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Design Phew Page no. 2 of 6
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PROGRAM ITEM PROGRAM DESCRIPTION
1 BYMNA910M Am COAD1';ETOHINe
DIVISION 15 MECH MATERIAL LABOR OVERHEAD TOTAL
SIZE QUANTITY UNITS COSTIUNIT COST/UNIT AND PROFIT COST/ITEM BUDGET
HW CONTROL VALVE-3 WAY 1-1/4 2 EA $274.85 $28.32 $90.95 $697.29 $0.60
HW FITTINGS 2 50 EA $5.52 $35.94 $310.93 $2.383.81 $0.00
HW PRESSURE GAUGE 5 EA $35.65 $14.37 $37.52 $287.64 $0.00
p HW PUMP CONTROL,S/S AND DP 1 EA $172.50 $1,611:44 $267.59 $2,051.53 $0.00
HW RELIEF VALVE 400MBH 1 EA $74.75 $14.37 $13.37 $102.49 $0.00
HW THERMOMETER 6 EA $103.50 $14.37 $106.09 $813.34 $0.00
HW TRIPLE DUTY 2" 1 EA $391.00 $50.31 $66.20 $507.51 $0.00
HW VALVE 11-1/4 2 EA $25.87 $26.38 $15.68 $120.18 $0.00
MAKEUP WATER REGULATING VALVE 314 1 EA $0.00 $0.00 $0.00 $0.00 $0.00
OUTSIDE AIR LOUVERS 42X68 2 EA $943.00 $276.00 $365.70 $2,803.70 50.00
PUMP 2- 1 EA $477.25 $142.31 $92.93 $712.50 $0.00
REGISTERS,WALL,2WAY DEFLECTION,W/O8D 18X10 20 EA $46.00 $21.56 $202.89 $1,553.94 $0.00
RELIEF AIR DAMPER 48X64 2 EA $399.00 $192.62 $175.09 $1,342.34 $0.00
RETURN AIR GRILLE 30X72 2 EA $575.00 $143.75 $215.63 $1,653.12 $0.00
RIGGINGICRANE 1 EA $0.00 $1,437.50 $215.63 $1,653.12 $0.00
0
w ROOF CURB CAP 30X30 2 EA $230.00 $287.50 $155.25 $1,190.25 $0.00
a STEAM CONTROL VALVE 1 EA $851.00 $20.13 $130.67 $1,001.79 50.00
L
STEAM STOP VALVE 1" 2 EA $57.50 $20.84 $23.50 $180.19 $0.00
STEAM STRAINER 1 1 EA $169.05 $26.74 $29.37 $225.16 $0.00
STEAM TRAP F&T 1" 2 EA $201.25 $26.74 $68.40 $524.37 $0.00
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STRUCTURAL STEEL AHU SUPPORT 1 EA $4,600.00 $4,312.50 $1,336.88 $10,249.38 $0.00
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Design Phase Page no. 3 of 6
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a GIAC HVAC IMPROVEMENTS
°' DETAILED ESTIMATE REPORT BY PROGRAM ITEM WITH DIVISION SUBTOTALS
i
PROGRAM ITEM PROGRAM DESCRIPTION
1 GYMNASIUM AIR CONMT]ONING
DIVISION 15 MCH MATERIAL LABOR OVERHEAD TOTAL
SIZE QUANTITY UNITS COSTIUNIT COST/UNIT AND PROFIT COST ITEM BUDGET
STRUCTURAL STEEL ROOFTOP 1 EA $4,600.00 $1,437.50 $905.63 $6,943.12 $0.00
STRUCTURAL STEEL CUT WALLS&LINTELS 1 EA $575.00 $718.75 $194.06 $1,487.81 $0.00
COPPER TUBING-TYPE L 2"DIAMETER 400 LF $5.14 $9.42 $873.37 $6,695.82 $0.00
A PIPE STEEL SCH 40 THREADED 1"DIAMETER 100 LF $1.71 $5.52 $108.50 $831.85 $0.00
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INSULATION-1-112"THICK 2'PIPE 400 LF $3.21 $2.70 $354.66 $2,719.06 $0.00
INSULATION-2"THICK 1"PIPE 100 LF $4.12 $2.57 $100.35 $769.36 $0.00
ACR TUBING TYPE L 1-518"OD 100 LF $3.93 $6.41 $155.16 $1,189.59 $0.00
DUCTWORK-GALVANIZED 48 X 54 4 FT $25.81 $78.20 $62.40 $478.43 $0.00
DUCTWORK-GALVANIZED 34 X 34 10 FT $17.20 $52.14 $104.01 $797.43 $0.00
DUCTWORK-LINED 24 X 30 100 FT $20.61 $31.34 $779.18, $5,973,73 $0.00
DUCTWORK-LINED 8 X 16 40 FT $9.67 $16.82 $158.32 $1,213.79 $0.00
DUCTWORK-LINED 24 X 48 40 FT $27.23 $47.38 $447.67 $3,432.15 $0.00
DUCTWORK-LINED 26 X 30 20 FT $21.34 $31.60 $158.82 $1,217.63 $0.00
DUCTWORK-LINED 18 X 24 18 FT $16.19 $25.23 $99.41 $762.13 30.00
DDC INPUTS 11 FA $132.25 $129.38. $431.66 $3,309.56 $0.00
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TEMPERATURE SENSOR SPACE 1 EA $143.75 $129.38 $40.97 $314.09 $0.00
DIVISION Is MECR PROQUII MR DIVISION C687 $76,360.39 518,293.24 518,698.05 $143,351.68 $0.00
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ro TRENCHING 12"WIDE x 24"DEEP 40 LF $11.50 $7.19 $112.13 $859.62 $0.00
,. DEMO-CONDUIT 2"-4"RIGID 100 LF $0.00 $2.43 $36.44 $279.38 $0.00
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DEMO-CONDUIT 112" -1"EMT 10 LF $0.00 $0.93 $1.40 $10.75 $0.00
DEMO-PANEL IGOA 3W,120124OV,20 C 1 EA $0.00 $140.88 $21.13 $162.01 50.00
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` 1550804
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Design Phase
Page no. 4 0
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GIAC HVAC IMPROVEMENTS
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DETAILED ESTIMATE REPORT BY PROGRAM ITEM WITH DIVISION SUBTOTALS
I
PROGRAM ITEM PROGRAM DESCRIPTION
1 9YMNASIiJM AIR CONDITIONING
DIVISION 16 ELECTRICAL MATERIAL LABOR OVERHEAD TOTAL
SIZE QUANTITY UNITS COSTIUNIT COST/UNIT AND PROFIT COST/ITEM
i
DEMO-SWITCHES SAFETY-100 AMP 1 EA $0.00 $50.31 $7.55 $57,86
DEMO-SWITCHES SAFETY-200 AMP 2 EA $0.00 $73.31 $21.99 $168.62
DEMO-WIRE #310 500 LF $0.00 $0.26 $19.41 $148.78
DEMO-WIRE #2 50 LF $0.00 $0.16 $1.19 $9.09
DEMO-WIRE #310 400 LF $0.00 $0.26 $15.52 $119.02
DEMO-WIRE #2 150 LF $0.00 $0.16 $3.56 $27,28
DEMO-WIRE #250MCM 400 LF $0.00 $0.33 $19.84 $152.09
DEMO-WIRE #12 30 LF $0.00 $0.07 $0.32 $2.48
DEMO-WIRING DEVICE RECEPTICLE&SWITCH 1 EA $0.00 $1.31 $0.20 $1,50
DEMOLITION EXISTING DEVICESISYST 1 SYS $0.00 $718.75 $107.81 $826.56
CONDUIT 1 1/2"RGS 10 FT $4.78 $7.19 $17.96 $137.67
CONDUIT 314"EW TO 15 FT HIGH 600 FT $0.99 $3.19` $376.22 $2,884.37
CONDUIT 1 112 EMT TO 15 FT HIGH 150 FT $2.07 $4.38 $145.22 $1,113.38
CONDUIT Y RGS IN TRENCH 100 FT $12.36 $4.93 $259.40 $1,988.71
CONDUIT 3f4"RGS 25 FT $2.15 $4.93 $26.55 $203.58
WIRE #1 100 FT $1.03 $0.99 $30.40 $233.09
WIRE #1 800 FT $1.03 $0.99 $243.22 $1,864,72
WIRE #8 250 LF $0,21 $0.50 $26.63 $204.16
r WIRE #10 450 LF $0.13 $0.40 $35.71 $273.76
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WIRE #12 400 LF $0.08 $0.36 $26.39 $202.34
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WIRE #310 300 FT $1.98 $1.58 $160.17 $1,227.94
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1550804 Design Pkare Date 121412001
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¢ GIAC HVAC IMPROVEMENTS
a r DETAILED ESTIMATE REPORT BY PROGRAM ITEM WITH DIVISION SUBTOTALS
PROGRAM ITEM PROGRAM DESCRIPTION
I GYMNASM AIR CONDIMONING
DIVISION 36 ELECTRICAL MATERIAL LABOR OVERHEAD TOTAL
SIZE QUANTITY UNITS COST/UNIT COSTIUNIT AND PROFIT COST ITEM BUDGET
WIRE 350 kcmll 400 FT $4.08 $2.01 $365.70 $2,803.70 $0.00
WIRE #310 400 FT $1.98 $1.58 $213.55 $1,637.25 $0.00
PANEL 600 AMP-42 CKT W1MCB 1 EA $4,571.25 $2,084,38 $998.34 $7,653.97 $0.00
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RECEPTACLES WEATHERPROOF 2 EA $50.60 $67.56 $35.45 $271.77 $0.00
STARTERS 5 HP-COMBINATION 3 EA $575.00 $237.19 $365.48 $2,802.05 $0.00
SAFETY SWITCHES 100 AMP FUSED 2 EA $437.00 $192.62 $188.89 $1,448.14 $0.00
CIRCUIT BREAKERS 70-10OA3P,IC 3 EA $86.25 $80.50 $75.04 $575.29 $0.00
CIRCUIT BREAKERS 125-225A3P, KA 1 EA $994.75 $115.00 $166.46 $1,276.21 SO.00
CIRCUIT BREAKERS 15-6OA3P,IC 3 EA $80.50 $68.94 $62.75 $481.06 $0.00
CIRCUIT BREAKERS 15-60A1P,IC 3 EA $12.59 $36.66 $22.16 $169;91 $0.00
CIRCUIT BREAKERS 125-225A3P,KA 2 EA $994.75 $115.00 $332.92 $2,552.42 $0.00
FUSES DUAL ELE.J 30 AMP 12 EA $10,81 $8.41 $34.59 $265.23 $0.00
FIRE ALARM SMOKE DETECTORS-2 4 EA $327.75 $123.62 $270.82 $2,076.32 $0.00
FIRE ALARM FAN SHUTDOWN 2 EA $235.75 $50.31 $85.82 $637.94 $0.00
DIVISION 16 ELECTRICAL PROGRAM MM DIVISION COST $19,497,68 $13,398.02 $4,934.35 $37,830.03 $0.00
w PROGRAM ITEM 1 GYMNASIUM AIR CONDITIONING PROGRAM MKCM $95,858.07 $6t,691.26 $23,632.40 $181,181.73 $0.00
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1550804 Date 121412(
Design Ph2Ye page no.6 0
Schematic Design
GIAC HVAC IMPROVEMENTS _
DETAILED ESTIMATE REPORT BY PROGRAM ITEM WITH DIVISION SUBTOTALS
PROGRAM ITEM PROGRAM DESCRIPTION
1 GYMNASIUM AIR CONDITIONING
DIVISION L6 ELECTRICAL MATERIAL LABOR OVERHEAD TOTAL
SIZE QUANTITY UNITS COSTIUNIT COSTIUNIT AND PROFIT COST IITEM
TOTAL FOR ALL PROGRAM ITEMS LISTED ABOVE $95,858.07 ;61,641.26 $23,632.40 $181,181.73
. E LO I CONTINCBNCY $18,118.17
TOTAL CONSTRUCTION BUDGET
$199,299.90
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Planning Department - Request to Amend Capital Project #447
WHEREAS, on September 19, 2001, Common Council passed a resolution
establishing the Southwest Area Traffic Improvement Capital Project, at a
maximum estimated cost of $2,00, 000, and
WHEREAS, it has been determined by staff that the initial estimates did
not include potential land acquisition costs, demolition fees and other
project-related costs; now, therefore, be it
RESOLVED, That Capital Project #447 for the Southwest Area Traffic
5
Improvements be hereby amended from $2,..000, 000 to a maximum authorized
cost of $4, 700, 000 to reflect the revised estimate, and be it further
RESOLVED, That the financing necessary to fund said additional project
costs shall be derived from the issuance of Serial Bonds.
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CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
. non 0
DEPARTMENT OF PLANNING AND DEVELOPMENT
H.MATTHYS VAN CORT,DIRECTOR OF PLANNING AND DEVELOPMENT
DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT
JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development - 607-274-6550 Community Development/IURA - 607-274-6559
Email: planning@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
FN
6 2001
ii To: Dominic Cafferillo By_
From: Jennifer Kusznir
Subject: West Spencer Street Property Acquisition
Date: November 16, 2001
The attached spreadsheet contains estimates of property acquisition costs along West Spencer
Street as well as the construction costs projected by Wilbur Smith Associates. The estimates for
the land costs are based on assessed values of the properties. Also included are estimates for
relocation fees, legal fees, demolition fees as well a percentage for contingencies. The total
estimated cost of$ 3,068,920.00 does not include any possible excavation costs. According to
the Wilbur Smith Report The Plain Street Bridge is estimated to cost $1,595,650.00. This makes
the total project costs for the Spencer Street widening and the Plain Street Bridge $4,664,570.
"An Equal Opportunity Employer with a commitment to workforce diversification." V
Prepared by Tim Logue 11/16/01 Page 1
Six Point Plan
Property Assessments on West Spencer Street
Total
Tax Parcel ID Address Use Lot Frontage Lot Depth Sq.feet Owner Land Value Total Value Needed ROW cost
93.-7-2 504 Cayuga Apartment 152 49 7,448 Smeenk, Kevin $ 47,200 $ 100,000 100% $ 100,000
93.-7-3 213 W. Spencer One family 40 61 2,440 Dahl, Nicholas $ 10,400 $ 77,000 100% $ 77,000
93.-7-5.1 215-21 W Spencer Apartment 124 146 18,104 Carpenter, Carl $ 113,600 $ 265,000 100% $ 265,000
93.-7-7 227 W Spencer One family 118 106 12,508 Loh, Stanton $ 24,000 $ 80,000 100% $ 80,000
106.-1-1 W Spencer Vac w/imp 60 125 7,500 Loh,Stanton $ 14,500 $ 15,600 100% $ 15,600
106.-1-3 231 W Spencer Res vac 50 125 6,250 Loh, Stanton $ 12,800 $ 12,800 100% $ 12,800
106.-1-8 620-40 Manufacture Emerson $ 550,000 $ 2,730,000 1% $ 8,129
810.8-6-1 105-8-1 ZZZ Gas trans 414 318 131,652 CNG Transmission Cor $ 36,400 $ 91,300 8% $ 6,935
$ 565,464
TOTAL LAND COSTS $ 565,464
For the purposed of this ananlysis, CONTINGENCIES @10%of Land Costs $ 56,546.41
it is estimated that the City would need about
40 feet of depth along W. Spencer Street. LEGAL FEES @ 7.5%of Land Costs $ 42,410
It is assumed that the City would take the entirety
of the first 6 properties and would only take the DEMOLITION 4 properties at$100,000 each $ 200,000
40 feet of depth from the last two properties.
RELOCATION 2 houses and 12 rental units $ 23,000
CONSTRUCTION COSTS" $ 2,181,500.00
TOTAL COSTS $ 3,068,920
'Cost taken from Wilbur Smith Report Cost Estimates for a Medium widening of West Spencer Stree
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September 19, 2001
Resolution to Establish a Capital Project for the
Implementation of the Six-Point Traffic Plan:
By Alderperson Hershey: Seconded by Alderperson Pryor
WHEREAS, Common Council authorized the preparation of and
adopted a Generic Environmental Impact Statement for the
Southwest development area in the City of Ithaca which was
adopted on August 24, 2000, and
WHEREAS, the City of Ithaca Common Council Findings
Statement for the Southwest Area Land Use Plan Generic
Environmental Impact Statement adopted on August 24, 2001,
found that :
1 . ) "Based on the Lead Agency' s analysis of existing and
future traffic in the Study Area and in response to
concern expressed during the public comment period
about potential traffic impact, the Lead Agency finds
that it will additionally develop and implement a
Traffic Monitoring and Management Plan (M&M Plan) for
the Southside/South-of-the-Creek Area concurrently
with development in the Southwest Area. The goals of
the Plan are to protect the Southside and South-of-
the-Creek neighborhoods from the negative impacts of
increased traffic, to improve the accessibility of the
project area for people who live east and south of
downtown Ithaca, and to provide a direct route which
strongly links the Southwest Area to the downtown and
to the West End/Inlet Island corridor. The M & M Plan
will be developed and implemented to be consistent
with the City' s Comprehensive Plan." (i.
Transportation (ix) , and
2 . ) "The Lead Agency, as part of the M & M Plan will study
and implement a set of mitigations that will help to
minimize the impacts of traffic in the City,
especially in the Southside and South-of-the-Creek
neighborhoods. These mitigations will address both
existing traffic and that generated by new
development. The mitigations consist of:
• converting Spencer Street to two-way traffic,
• constructing a new road behind Ithaca Plaza entering
the new Southwest Development Area,
• rebuilding the Plain Street pedestrian bridge over
Six Mile Creek as a traffic bridge,
• widening Route 13 to five lanes,
• constructing the new Taughannock Road extension,
• developing and implementing a City-wide traffic plan
which promotes an open traffic grid in all areas of
the City, including the possible removal of the
diverters on Wood and South Streets. " (i .
Transportation (x) , bullets and bolding added by
preparer for clarity)
and,
WHEREAS, the City of Ithaca has contracted with the
consulting firm of Wilbur Smith Associates to evaluate the
Six Point Traffic Plan as outlined in the Findings
Statement to evaluate, prepare cost estimates, and make
recommendations, and
WHEREAS, Wilbur Smith Associates has indicated that the
final draft of the report will be available for Common
Council review in mid-October and
WHEREAS, on September 19, 2001, Common Council passed a
resolution directing City staff to prepare a Local Law and
related documents for Common Council consideration to enact
a Benefit Assessment District for the Southwest Area and
WHEREAS, two of the projects included in the Six Point Plan
namely widening Route 13 to five lanes and constructing the
new Taughannock Road extension are likely to be included in
the proposed Benefit Assessment District and
WHEREAS, the construction of the new road behind Ithaca
Plaza entering the new Southwest development area is no
longer being considered; now, therefore, be it
RESOLVED, That the Southwest Area Traffic Improvement
Capital Project be established at a maximum estimated cost
of $2, 000, 000 to construct the remaining improvements to be
delineated and authorized by Common Council as are
consistent with the goals of the Southwest Area Land Use
Plan, and, be it further,
RESOLVED, That the financing necessary to fund said project
be derived from the issuance of serial bonds.
Carried Unanimously
N7
a
° GREATER ITHAGA ACTIVITIES CENTER
318 North Albany Street
Ithaca,New York 14850
607-272-3622
TO: Pat Vaughn, Chairperson, Budget& Administration Committee
FROM: Devon Garrett, President, GIAC Board of Directors
Audrey Cooper, Chairperson, GIAC Board Facilities Committee I!
DATE: November 21, 2001 I
RE: Gym Renovation Project By �-
Once again we are seeking assistance from the Budget& Administration Committee with a
matter of continued urgency. The gym was approved, as a capitol project in 1996 for the fiscal
year 1997. To date the project has not been completed.
In 1999 in a meeting with the Mayor and you, and again in the spring of 2000 before the Budget
&Administration committee, the board was assured that the project would be given priority and
that the appropriate city staff people would be directed to actively facilitate the projects
completion.
In the spring of 2001 Marcia Fort, GIAC Director informed us that Tom West, Engineering
Department had told her the floor portion of the project was ready to move ahead, as soon as
possible. While we were pleased at this update it did not appear feasible to have the floor
completed before the other components of the project were ready to be implemented, namely the
HVAC roof top system. We were told at that time the project would probably be completed in
the fall of 2001.
The GIAC Director informed us at our November Board meeting that apparently the project is
now on hold due to staffing issues with SEAR Brown, the architectural firm.
We are greatly concerned that more than 5 years after approval the renovation is still not
completed. We are aware that other capitol projects approved well after the GIAC project have
been started and/or completed. This leads us to wonder if there are other reasons why our project
has not been given priority over these past five years.
We are requesting that you investigate this matter and direct the appropriate personnel to give the
gym renovation project the high priority it deserves and which is certainly long overdue.
Thank you.
Cc: Mayor, Alan J. Cohen
Marcia J. Fort, GIAC Director
Bill Gray, Superintendent, Department of Public Works
Finance/Controller - Approval of 2000 City of Ithaca Single Audit
RESOLVED, That the Single Audit Report for the period of January 1, 2000
through December 31, 2000, prepared by the accounting firm of Ciaschi,
Dietershagen, Little and Mickelson, LLP be accepted to comply with all of
the City' s applicable Federal Single Audit and related Audit Requirements.