HomeMy WebLinkAbout2025-09-09 Town Board PacketMEETING OF THE ITHACA TOWN BOARD
Town Hall, 215 N. Tioga St.
September 8, 2025 @ 5:30 p.m.
YouTube Link Zoom Link ID 9891 095 8241
AGENDA
1. Call to order and Pledge of Allegiance
2. Tompkins County Sheriff Derek Osborne’s Quarterly Report
3. Persons to be Heard and Board Comments
4. Public hearing and consider adoption of the following Public Interest Orders, subject to
Permissive Referendum:
a. Town of Ithaca 2025 Cecil Malone Sanitary Sewer Improvement
b. Town of Ithaca 2025 Miscellaneous Water Main Replacement Water Improvement
5. Consider approval and authorization of purchase contract and associated survey – Sage
Preserve
6. Consider authorizing the sale of real property to the People of the State of New York
associated with the Black Diamond Trail Extension, subject to Permissive Referendum
7. Consider approval of specifications and contract documents and authorization to go to bid –
Inlet Valley Sewer Improvement Project/Improvement Area
8. Consider award of contract - King Road West Culvert and Guiderail Replacement Project
9. Consider Consent Agenda Items
a) Approval of Town Board Minutes
b) Approval of Town of Ithaca Abstract
c) Approval of Bolton Point Abstract
d) Acknowledge Southern Cayuga Lake Intermunicipal Water Commission 2026 Wage
Scale and Employee Wages
e) Setting a public hearing regarding a proposed local law creating a new Town of Ithaca
Code Chapter – “Large Scale Solar Energy Systems PILOT and Host Community
Agreements”
f) Approval of Access Agreement – 693 Coddington Rd
g) Approval of revised NYSDEC Municipal Coalition Letter
9. Reports of Town Officials and Committees
10. Review of Correspondence
DEPARTMENT OF PLANNING
215 N. Tioga St, Ithaca NY 14850
607-273-1747
www.townithacany.gov
TO: TOWN BOARD MEMBERS
FROM: MICHAEL SMITH, SENIOR PLANNER
DATE: SEPTEMBER 3, 2025
RE: 137 ACRE ACQUISITION ON SOUTH HILL (SAGE PRESERVE)
AUTHORIZE PURCHASE AGREEMENT AND SALES CONTRACT & SURVEY
As you may recall from previous grant applications related to this potential acquisition,
landowners on South Hill have offered to sell approximately 137 acres of undeveloped land
to the Town for a new preserve. These landowners have gradually purchased several large
parcels adjacent to their residence to prevent them from being developed, with the hope
that they eventually could be opened to the public – especially for children – and protected
long term. Access is provided off King Road East, Chase Lane, Ridgecrest Road, and Schickel
Road. An aerial map of the property is attached.
The parcels are a mix of established forested areas (some visible on a 1938 aerial image),
successional growth (young trees and shrubs), and unfortunately woody invasive plants. The
property also contains several small wetlands and streams (one is classified as a Class B
protected stream). There are also cleared areas on portions of the property for existing
overhead electric transmission lines and an existing natural gas pipeline. The property
currently contains several mowed paths that the landowner ma intains and allows neighbors
to walk. The Town initially plans to maintain the existing mowed path system and hopefully
expand the paths and connections around the property in the future. These parcels could
help connect several neighborhoods with off-road walking trails, along with potential
connections to the Ithaca College Natural Lands and the Namgyal Monastery Institute of
Buddhist Studies property. As a Town preserve, it would be open to the public as a passive
recreation area (walking, dog walking, bird watching, cross-country skiing, nature
observation, picnicking, etc.), similar to the other existing Town preserves.
In 2023, the Town had an appraisal completed, which provided an acquisition cost of
$655,000 for the three parcels. Including other acquisition-related items (attorney time and
closing costs - $8,000 and survey - $13,650), the total cost to acquire the property is
currently estimated to be approximately $676,650. The landowners have offered to sell the
+/- 137 acres to the Town at a discounted rate (donate $168,000 of the value), which brings
the cost down to $508,650.
In 2023 and 2024, the Town applied through the Consolidated Funding Application (CFA) and
the New York State Office of Parks, Recreation & Historic Preservation (OPRHP) under the
Environmental Protection Fund Grants Program to assist with this acquisition, but this
project was not selected for funding.
In December 2023, the Park Foundation awarded a $50,000 grant towards this acquisition
project. In December 2024, Tompkins County through their Natural Infrastructure Capital
Program approved a $200,000 grant for this acquisition project. With these two additional
funding sources, the overall cost to the Town is now approximately $258,650. It is
anticipated that the Town’s share will come from the existing Open Space Fund.
To advance this acquisition, Planning staff obtained a proposal from T.G. Miller, P.C.
regarding the subdivision and boundary mapping and have worked with the Attorney for the
Town Guy K. Krogh to draft the Real Property Purchase Agreement and Sales Contract. The
landowners and their attorney have reviewed the draft contract and are prepared to sign
and move forward with this project.
Attached is a copy of the draft Real Property Purchase Agreement and Sales Contract, a copy
of the T.G. Miller, P.C. proposal (dated July 30, 2025), a 2023 aerial image showing the
property, and a draft resolution for the Board’s consideration.
Please contact me at 607-273-1721 (ext. 123) or email me at msmith@townithacany.gov if
you have any questions prior to the September 3rd meeting.
Example of Forested Area and one of the Existing Trails (07/20/2023)
REGULAR MEETING OF THE ITHACA TOWN BOARD
Monday, September 8, 2025
TB Resolution No. 2025 - : Authorization to proceed with purchase contract for
potential purchase of approximately 137 acres on South Hill and authorization to proceed
with contracting for survey services
Whereas, the owners of approximately 137 acres (Town of Ithaca Tax Parcel No.’s 44.-2-10, 45.-
1-2.2 and a portion of 45.-1-1.2) of undeveloped lands on South Hill have offered to sell the
properties to the Town of Ithaca for a new preserve, and
Whereas, on May 8, 2023 the Town Board authorized an appraisal be completed for the
properties, and
Whereas, an appraisal was completed in May 2023 with an easement value determined to be
$655,000, with the total cost to acquire the properties being approximately $676,650, and
Whereas, the landowners have offered to donate a portion of the value ($168,000) of the
acquisition, reducing the overall cost of the acquisition to the Town to $508,650, and
Whereas, the Town of Ithaca has received a $50,000 grant from the Park Foundation and a
$200,000 grant from Tompkins County (Natural Infrastructure Capital Program) toward this
acquisition project, leaving approximately $258,650 as the Town share, and
Whereas, a Real Property Purchase Agreement and Sales Contract has been prepared to outline
the process, costs, and responsibilities for this acquisition, and
Whereas, the Planning Department has received a proposal from T.G. Miller, P.C. to perform a
boundary survey and subdivision mapping, with a total cost of $13,650; now, therefore, be it
Resolved, that the Town Board of the Town of Ithaca authorizes the Town Supervisor to execute
the “Real Property Purchase Agreement and Sales Contract” with Tessa Sage Flores and Ira
Goldstein regarding the potential acquisition of approximately 137 acres on South Hill, and be it
further
Resolved, that the Town Board of the Town of Ithaca authorizes the hiring of T.G. Miller, P.C.
to perform a boundary survey and subdivision mapping for the three properties (Town of Ithaca
Tax Parcel No.’s 44.-2-10, 45.-1-2.2 and a portion of 45.-1-1.2), at a cost not to exceed $13,650.
Moved:
Seconded:
Vote:
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REAL PROPERTY PURCHASE AGREEMENT AND SALES CONTRACT
Tesse Sage Flores and Ira Goldstein to Town of Ithaca
This Agreement (the “Agreement”) is made this __ day of August, 2025, by and between Tessa Sage Flores, of
154 Compton Road, Ithaca NY 14850, being the fee owner of lands known as Town of Ithaca TPNs 45.-1-1.2 and
45.-1-2.2, and Ira Goldstein and Tessa Sage Flores, both of 154 Compton Road, Ithaca NY 14850, being the
owners of TPN 44.-2-10. said Tessa Sage Flores being also sometimes referred to as Flores Goldstein, Tessa
Goldstein, Flores Goldstein, and Tessa Flores, also herein each described as a “Seller” (and such term meaning
each and all Sellers, jointly and severally); and the Town of Ithaca, a New York municipal corporation having
an office at 215 North Tioga Street, Ithaca, NY 14850, hereinafter described as the “Purchaser.”
Witnesseth, that the Seller agrees to sell and convey, and the Purchaser agrees to purchase lands as follows: (i)
located on and to the south along King Road East, known as TPN 44.-2-10 (54± acres), and (ii) lands along and
to the west of Ridgecrest Road, known as TPN 45.-1-2.2 (35± acres); and (iii) a portion of lands along and to the
West of Chase Lane, and being also lands along and to the east of Compton Road, such portion being show upon
Schedule A (an attached map) and being known as TPNs 45.-1.-1.2 (such portion being 48± acres); each of said
parcels and partial parcels being in the Town of Ithaca, County of Tompkins, and State of New York (hereafter
severally and collectively, the “Property”).
1. This purchase agreement is undertaken by the Purchaser for two express purposes: (1) the creation of a
parkland or open space reserve to be known as the Sage Preserve; and (2) to use small gores and areas of the
lands acquired for utility and general town purposes, again as each is shown upon Schedule A. This transfer
shall be accomplished and consummated by the execution and delivery by Seller of a Warranty Deed(s) with
lien covenants, and it is understood and agreed by and between the parties to this Agreement that the future use
of the Property will comport with the intended use of the same, and most of the acreage thereof, as a natural or
nature preserve or park.
The existence of any areas reserved for future utility installations by the town is limited only to the lands
expressly demarked and acquired by Purchaser, and the Purchaser is not acquiring any rights, by implication or
otherwise, to use the property being retained by Seller for any future easements, rights of way, or utility
installations, each and all of which may only be placed or sited upon Seller’s lands pursuant to a future written
agreement between Seller or Purchaser, or otherwise under applicable law (such as by condemnation on due
notice, etc.). The parties agree that above clause in this paragraph 1, respecting no implied rights and easements
and limiting the rights of Purchaser in such respect only to the Property to be acquired at closing: (i) shall survive
closing; and (ii) be incorporated into the final deed conveying the Property.
2. In relation to this sale, the land of the Seller must be subdivided and the surveys or plat maps for the same
must be endorsed or sealed by one or more of the Town of Ithaca and the Tompkins County Department of
Assessment, and such maps and approvals for subdivision must be accompanied by a Certificate of
Apportionment and filed with the Tompkins County Clerk prior to or contemporaneously with closing. In
respect of those subdivision requirements, the Purchaser is responsible for the costs of, and the obtaining and
filing of all subdivision approvals as support this transaction. In connection therewith, the Purchaser shall share
the plat or survey map that is proposed to represent the approved subdivision line for the Seller’s lands, and the
Seller hereby appoints the Town of Ithaca, and its employees and officers, as limited agents to represent its
interests and seek such subdivision review and approvals, as needed or required to effect closing hereupon. The
Seller may revoke this limited agency authority at any time.
3. The Purchase Price is Six Hundred and Fifty-Five thousand and no/100 Dollars ($665,000 USD), of which
the sum of $168,000 shall be a gift from the Seller to the Purchaser (and Purchaser is materially relying upon two
grants to help defray its costs). The Purchase Price is payable in certified funds or wire transfer at closing and
upon delivery of the fully executed Deed(s) and all supporting documents supporting such closing, including
filing documents for the Tompkins County Clerk’s Office. The parties acknowledge that the fair market value of
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the entirety of the Property is substantially more than the purchase price, and that the Seller may claim such
amount as a gift, including for income tax and other purposes.
4. Seller has or shall provide, at the Seller’s expense, the following:
A. Tax and title search or searches prepared by a licensed and insured abstract company that covers the
Property to date of closing. The first set-out of the search shall be a Warranty Deed recorded at least sixty
(60) years prior to the date of the title search, and the search will otherwise be in such form as to allow the
title insurance company to issue a policy that contains no non-standard exceptions and no exceptions that
are unacceptable to Purchaser, as determined in its sole and own discretion. This requirement applied
regardless of whether any party opts to procure a title insurance policy.
B. Purchaser shall be solely responsible to acquire and pay for surveying, and Seller covenants to allow the
surveyor reasonable access to complete a land survey. The survey will be prepared according to the Code of
Practice for Land Surveys as adopted by the New York State Association of Professional Land Surveyors and
shall show such easements, improvements, and rights in the property as the Purchaser shall select. Upon
request and to the extent accurate, Seller shall cooperate with Purchaser relative to executing and delivering
occupancy affidavits as verify their knowledge of the boundaries the land, the lack of adverse claims by
neighbors during their ownership thereof, and like matters relating to a survey and the obtaining of title
insurance for the land to be acquired.
C. Any title curatives or other matters reasonably requiring attention, mitigation, or a solution prior to or
at the time of closing, including but not limited to such affidavits and certifications as are customary in
respect of closings on title in Tompkins County, New York. The recording of any title affidavits and/or
curatives shall be at the expense of the Purchaser.
D. A closing statement and a draft of the forms needed for closing including, without limitation, deeds,
forms TP-584, and forms RP-5217, together with any other documents necessary or desirable for recording
deeds and title instruments. It is acknowledged that all filing fees for recordable items, as well as New York
State filing fees and taxes arising under the said forms TP-584 and RP-5217, shall be paid by Purchaser.
Seller’s responsibility is limited to providing accurate information and properly executed recording forms
and instruments. All other traditional costs of closing shall be divided per local custom, and each party shall
be responsible to obtain any advice from professionals or attorneys and, in all cases, each party shall be
responsible for their own attorneys’ fees.
However, in limitation of the foregoing, should the Purchaser request updated abstracts of title and, for
any reason, additional updating of any one or more abstracts is needed, required, or requested due to any
delays of the passage of time (including but not limited in respect of any title insurance or underwriting
requirements), the Purchaser agrees to pay for the cost of a second update. However, a second update of any
abstract shall not include the costs or performance of pre-closing phone searches or post-closing updates or
the “bring-down” of such abstract(s).
5. The Purchaser’s liability under this Agreement is contingent upon the Property being in substantially similar
condition on the date of closing as it is as of the date of this Agreement.
6. The Purchaser may make its determination of whether the Property is free from all encumbrances on the
basis of its own examination of the title, or that of its agents, or by a title report prepared by a member company
of the Title Insurance Rate Service Association, Inc., and Purchaser may require the Seller to clear title exceptions
disclosed by an examination or report to the satisfaction of the Purchaser and the title insurer. Such
encumbrances may include but are not limited to mortgages or other like liens affecting the Property, which
encumbrances must be discharged, satisfied, or subordinated to the title to be conveyed to Purchaser, each in
such manner(s) as Purchaser may reasonably so require.
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However, in limitation of the foregoing, the Seller has provided information about a number of utility
easement and rights of way, including as referenced in the deeds, instruments, and survey maps listed below,
and the Purchaser agrees that no title objections or demands for title curatives will arise in connection with these
easements and instruments, and the rights and obligations conveyed or described therein. The Purchaser
confirms it had a fair opportunity to examine these easements, instruments, covenants, maps, restrictions, and
rights prior to entering into this Agreement, and that it waives any title or use objections based upon such
instruments. The instruments refenced include each of the following:
1986 Deed at Liber 671, Page 440.
1986 unfiled Survey referenced in above Deed at 671/440.
1988 Survey filed at Map Drawer M, Page 51.
1994 Deed at Liber 728, Page 50.
1994 Survey filed at Map Drawer AA, Page 150.
1995 Deed at Liber 744, Page 205.
2022 Deed filed as Instrument No. 2022-05128.
2022 Survey filed as Instrument No. 2022-09748.
7. If, at the date of closing, there are any other liens or encumbrances which the Seller is obligated to pay and
discharge, the Seller may use any portion of the balance of the Purchase Price to satisfy the same, provided that
the Seller shall deliver to the Purchaser at closing, in recordable form, such instruments sufficient to satisfy the
liens and encumbrances of record, together with the cost of recording and/or filing the instruments. The Seller
agrees to sign such proper vouchers for the closing check(s) as may be requested by the Purchaser at least two
weeks prior to the date fixed for closing. The Purchaser, if request is made within a reasonable time prior to the
date of closing of title, agrees to provide at the closing separate checks as requested, aggregating the amount of
the Purchase Price, to facilitate the satisfaction of any liens and encumbrances. The existence of any such taxes
or other liens and encumbrances, standing alone, shall not be deemed objections to title if the Seller shall comply
with the foregoing requirements.
8. If a search of the title discloses judgments, bankruptcies, or other liens against other persons having names
the same or similar to that of the Seller, the Seller will, on request, deliver to the Purchaser an affidavit showing
that such judgments, bankruptcies, or other returns are not against the Seller, if such is the case. Similarly, if any
Seller is or has been known by more than one name, a “same name” affidavit, in reasonable form, may be
required.
9. This transaction shall be closed and the deed(s) and other documents delivered to Purchaser at such date,
time and place as Seller and Purchaser shall mutually agree upon. If a closing does not occur within six months
from the date of the execution of this Agreement, Seller may, after having made time of the essence, cancel this
Agreement by serving written notice by registered mail upon Purchaser.
10. The parties agree that no broker brought about this transaction, and the Seller agrees to hold Purchaser
harmless and to indemnify Purchaser for any claims for broker commissions arising out of this transaction.
11. The Seller agrees to comply with all disclosure requirements, if any, as imposed upon the Seller through the
various and several local or state laws and resolutions applicable to this transaction. The Seller further agrees to
execute and file all affidavits, documents and vouchers as required by local laws, regulations, ordinances, statues
and resolutions applicable to this transaction.
12. The Seller represents that at no time, to the Seller’s knowledge, has the Property been used for the generation,
storage, or disposal of hazardous substances, or as a landfill or other waste disposal site. To the Seller’s
knowledge there are not now, nor have there ever been, underground storage tanks on the Property. The Seller
represents that there are no actions, suits, claims, or proceedings seeking money damages, injunctive relief,
remedial action, or any other remedy pending or threatened relating to the violation or noncompliance with any
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environmental law, or the disposal, discharge or release of solid wastes, pollutants or hazardous substances, or
for or from exposure to any chemical substances, noises, or vibrations to the extent the same arise from the
condition of the Property or Seller’s ownership or use of the Property.
13. The Seller represents that, other than the consents needed by the Buyer to sign and close upon this
Agreement as a town, no consent or approval is needed from any governmental agency for this proposed
transaction between the Seller and the Purchaser, and neither the execution of this Agreement, nor the closing
of title, will violate any environmental or other law.
14. Seller and Purchaser each covenant and agree that they will defend, indemnify, and hold harmless the other
party against any and all damages, claims, losses, liabilities, and expenses, including, without limitation,
responsibility for legal consulting, engineering, and other costs and expenses which may arise out of (1) any
inaccuracy or misrepresentation in any representation or warranty made by any party to this Agreement; (2) the
breach or nonperformance of any covenants required by this Agreement, either prior to or subsequent to the
closing of title herein; (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief,
remedial action, or another remedy by reason of a violation or noncompliance with any environmental law; (4)
the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or (5) exposure to any
toxin, chemical substances, noises, or vibrations, each only to the extent they arise from ownership, operation,
and/or a condition of the Property prior or subsequent to closing. These covenants shall run with the land in
perpetuity and the provisions of this paragraph shall survive the delivery of the deed and closing here- and
thereupon.
15. It is understood and agreed that: (i) all understandings and agreements between the parties hereto are
merged in this Agreement, which fully and completely express their agreement; and (ii) the same is entered into
after full investigation, with neither party relying upon any statement or representation made by the other party
that is not embodied in this Agreement. Each party hereto acknowledges and agrees that it has not received and
is not relying upon tax or other advice from any other party hereto, and that it has and will continue to consult
its own advisors. Purchaser makes no representation or warranty whatsoever regarding the tax treatment to
Seller of this Agreement.
16. Any notice required or desired to be given under this Agreement shall be in writing and shall be sent to the
address set forth above for the party (1) by personal delivery; (2) via registered or certified mail, return receipt
requested; or (3) via Federal Express or other private courier of national reputation providing written evidence
of delivery. Notice shall be deemed given upon receipt in the case of personal delivery and upon delivery by the
U.S. Postal Service or private courier.
17. This Agreement may not be changed or terminated orally. The promises, representations and agreements in
this Contract are to apply to and bind the heirs, executors, administrators, successors, and assigns of the
respective parties. This Agreement may be signed in counterparts, each of which shall be deemed one and the
same original, this Agreement may be signed digitally, and a photocopy of any original signature shall be
admissible and treated as an original signature for all allowed purposes. Finally, each Seller represents and
warrants that they have not offered or given any gratuity to any official, employee, or agent of Purchaser, or any
political party, with the purpose or intent of securing favorable treatment with respect to the execution of or
performance under this Agreement.
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto the day and year first
above written.
Town of Ithaca ___________________________
Ira Goldstein
By: ___________________________ ___________________________
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Rod Howe, Town Supervisor Tessa Sage Flores
State of New York )
County of ___________________ ) ss.:
On the ___ day of _______ in the year 2025 before me, the undersigned, personally appeared __________________
___________________________, _____________ personally known to me or proved to me on the basis of satisfactory evidence to be the
individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of
which the individual(s) acted, executed the instrument.
_____________________________________
Notary Public
State of New York )
County of ___________________ ) ss.:
On the ___ day of _______ in the year 2025 before me, the undersigned, personally appeared __________________
___________________________, _____________ personally known to me or proved to me on the basis of satisfactory evidence to be the
individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of
which the individual(s) acted, executed the instrument.
_____________________________________
Notary Public
State of New York )
County of ___________________ ) ss.:
On the ___ day of _______ in the year 2025 before me, the undersigned, personally appeared __________________
___________________________, _______________ personally known to me or proved to me on the basis of satisfactory evidence to be the
individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of
which the individual(s) acted, executed the instrument.
_____________________________________
Notary Public
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Schedule A
Diagram and Site Map
605 West State Street, Suite A | Ithaca, NY 14850 | phone 607-272-6477 | fax 607-273-6322 | www.tgmillerpc.com
David A. Herrick, P.E.
Frank L Santelli, P.E.
Dondi M. Harner, P.E.
LEED A.P., C.P.E.S.C.
Owen Barden, P.E.
Lee Dresser, L.S.
Jacqueline L. Dresser, L.S.
Tessa Flores & Ira Goldstein July 30, 2025
c/o Michael Smith, Senior Planner (proposal valid for 6 months)
Town of Ithaca
215 North Tioga Street
Ithaca, New York 14850
Re: Conservation Easement Survey – Tessa Flores & Ira Goldstein
(Total Area Approx. 171 acres) Tax Parcels 45-1-1.2, 44-2-10 & 45-1-2.2
Town of Ithaca, Tompkins County
Dear Mr. Smith,
Pursuant to your email request dated June 4, 2025, T.G. Miller, P.C. is pleased to
submit the following proposal in connection with a Town Preserve project requiring a
survey of lands of Tessa Flores & Ira Goldstein in the Town of Ithaca, Tompkins County.
T.G. Miller, P.C. will perform the requested boundary and subdivision mapping for a
not-to-exceed cost of $13,650, to be invoiced when deliverables are provided to your office.
The scope of the field survey will include:
Recover and/or set survey stakes at existing property corners around perimeter of
approximately 171 acres (three tax parcels listed above).
Set survey monuments for new proposed division lines for an approximately 34 acre
parcel to be retained by the landowners in collaboration with the landowners or their
representative and in accordance with the attached land plan provided by your office.
Locate site features, including roadways, buildings, fences, driveways and other
impervious surfaces, ditches and water features such as ponds or creeks, visible wells
(with function identified) and septic lids, utility poles, overhead utility lines, and other
evidence of easements or rights of way within perimeter of approximately 171 acres
(three tax parcels listed above).
Survey maps will delineate:
Location of boundaries of proposed parcel to be conveyed to the Town of Ithaca and
proposed parcel to be retained by the landowners, with courses and distances provided
along with segment distances as applicable based on monumentation.
Location of any plottable easements or rights of ways set out in the abstracts of title
provided or schedule B items set forth in a title report provided with reference to the
same.
Any encroachments either way across property boundaries with dimensions to the
same.
Centerline and bounds of rights of way or highway line of public highways running
through or adjoining the property.
Total area in acres for each parcel.
T.G. Miller, P.C. 2
Existing tax parcel numbers for subject parcels, and tax parcel numbers and ownership
information for lands adjoining the perimeter boundary.
Planimetric locations of all improvements and site features located during field survey.
North arrow with basis of bearings identified.
Legend identifying all symbols used on map.
Deliverables will include:
Preliminary maps showing proposed parcels to be subdivided for review and
approval.
Five sealed hard copy prints certified to parties TBD.
AutoCAD file of 171 acre parent parcel.
Legal descriptions of parcels to be subdivided in Word format.
We expect to begin work immediately upon receipt of the relevant abstract of title
or title policy with preliminary mapping to be provided within eight weeks thereafter. The
timeline of final deliverables is dependent on review of preliminary maps by the Town of
Ithaca and other parties to the transaction.
Please feel free to contact me by phone at 607-272-6477 or by email at
jld@tgmillerpc.com with any questions regarding this proposal. If terms are agreeable to
the parties named above, please sign and return this proposal as authorization to proceed.
Respectfully,
Michael Smith
Jacqueline Dresser, L.S. Date
MEETING OF THE ITHACA TOWN BOARD
September 8, 2025
TB Resolution 2025- : Authorization of the sale of three properties along NYS Route
13/Elmira Road to the People of the State of New York
Resolved, that the Town Board of the Town of Ithaca affirms and ratifies the Land Purchase
Agreement with The People of the State of New York which was entered into on June 23, 2025
regarding the sale of tax parcels 35.-1-10.11, 35.-1-18.12 and 35.-1-25.2, and it is further
Resolved, that the Town Board of the Town of Ithaca authorizes Rod Howe, Town Supervisor of
the Town of Ithaca, to execute all legal documents necessary for closing.
Moved: Seconded:
Vote
IN WITNESS WHEREOF, the said Town of Ithaca has by order of the Town of Ithaca Town
Board, caused these present to be subscribed by the Town Supervisor and the seal of the Town of
Ithaca to be affixed and attested by the Town Clerk thereof this ____ day of September, 2025.
TOWN OF ITHACA
BY: ______________________
ROD HOWE
ATTEST:
_________________________
Town Clerk
KATHY HOCHULNewYorkStateGovernor
Parks,Recreation and
Historic Preservation RANDY SIMONS
Commissioner Pro Tempore
August 5,2025
Rod Howe,Town Supervisor
Town of Ithaca
215 N Tioga Street
Ithaca,New York 14850
RE:Cayuga Inlet Property
Project number 04-10 74
Black Diamond Trail
Finger Lakes Region
Dear Rod,
Enclosed is a fully executed and approved Land Purchase Agreement for your records.Once the Attorney General’s
Office has completed the review of title and all title objections resolved,the closing papers will be issued.They will
be forwarded to your attention after review by this office.
If you have any questions or require additional information,please don’t hesitate to contact me at 518-408-0431 or
email me at astea.tidewater@parks.ny.gov.
Sincerely,
Astéa Tidewater
Real Estate Specialist 1
Enclosures
7%
OFFICE OF PARKS,RECREATION AND HISTORIC PRESERVATION I ALBANY,N.Y.12238 I PARKS.NY,GOV (518)474-0456
State of New York
Office of Parks,Recreation and Historic Preservation
Finger Lakes Region
Black Diamond Trail
Project No.04-1074
Proceeding No.6379
LAND PURCHASE AGREEMENT
Contract No.W000683
Date:\wed 2 20L5
SELLER:Town of Ithaca
215 N Tioga Street
Ithaca,New York 14850
PURCHASER:THE PEOPLE OF THE STATE OF NEW YORK,acting by and through their
Commissioner of the Office of Parks,Recreation and Historic Preservation
Albany,New York 12238,with offices at:
625 Broadway
Albany,New York 12207
SELLER and PURCHASER agree as follows:
AGREEMENT.The Seller shall sell and the Purchaser shall buy on the terms stated in
this Agreement.
2.PROPERTY.A.The property to be conveyed is described as follows:
Street/Address/Location:Elmira Rd
Town:Town of Ithaca County:Tompkins
State of New York
as more particularly described in SCHEDULE A,attached hereto (the “Property”).
B.The conveyance shall also include the right,title,and interest of the Seller in and to
any lands lying in the bed of any right of way,highway,road,street,or avenue,or in the
bed of any waterway,marsh,pond,lake,bay,drainage or irrigation ditch,river,creek,or
stream running through the premises to be conveyed or lying in front of or adjacent
thereto,together with any and all rights of ingress and egress,and rights to run utilities in,
over,and across any private drive,lane,waterway,or road,running between any
highway,road,street,or avenue,and the Property.
Page 1
C.The conveyance shall also include the right,title,and interest of the Seller in and to all
strips and gores between the Property and the lands of adjoining owners on all sides.
D.The conveyance shall include any improvements,fixtures,oil,gas,and minerals,rents
and royalties related thereto,and timber in,on,or under the Property and any appurtenant
rights necessary to the use and enjoyment of the same in adjoining property.
3.PRICE.The purchase price of the Property is Three Hundred Sixty Seven Thousand
Five Hundred Dollars ($367,500)payable in the form of a New York State Treasury
Check delivered after the deed from the Seller to the Purchaser has been duly recorded by
the Tompkins County Clerk and after the indices of said County Clerk have been verified
up to the date of said recording.
4.TITLE.A.Title to the Property shall be examined with all convenient speed and shall be
subject to the approval of the Attorney General of the State of New York after the same
has been made satisfactory to the Attorney General.
B.The Attorney General shall submit all closing requirements in writing to the Seller.
The Seller shall cooperate with the Attorney General by providing any abstract of title,
copy of any title insurance policy,existing survey,and any or all documentation and
information relating to the Property within the Seller’s possession or obtainable by the
Seller,and shall secure and deliver any affidavits,satisfactions,releases,and
conveyances as deemed necessary by the Attorney General for the purpose of disposing
of objections to title to the Property.The Seller shall execute,swear to,and deliver an
Affidavit of Title in the form prescribed by the Attorney General.
5.DEED.Whenever notified by the Attorney General by letter or otherwise,the Seller will
execute and deliver to the Attorney General for the Purchaser,without delay,a Full
Covenant Warranty Deed with the covenant required by Subdivision 5 of the Section
13 of the Lien Law,conveying fee simple absolute title to the Property free and clear of
all liens and encumbrances other than the following:
(1)Existing easements,if any,for the construction,operations,and maintenance
of public service electric,telephone,telegraph,and pipelines or railroads and
other transportation corporations or the right of others in any public road,right
of way,waterway,street,or highway running through or along the Property.
The State will not be required to accept title subject to the encumbrances listed in this
paragraph 5 if,in the opinion of the Attorney General,those encumbrances would render
title unmarketable.
Page 2
Said deed shall be prepared by the Attorney General and shall be subject to the approval
of the Attorney General with respect to the form,manner of execution,and recordability.
Acceptance of the deed for recording by the County Clerk shall constitute acceptance of
the deed by the Purchaser and fix the time of vesting of title to the Property in the
Purchaser.
6.REPRESENTATIONS AND WARRANTIES.A.The Seller owns and has the power
to sell,transfer,and convey all right,title,and interest in and to the Property.
B.The Purchaser is authorized under Subdivision 1 of Section 3.17 of the Parks,
Recreation and Historic Preservation Law to acquire real property by purchase.
C.There are no actions,judgments,suits,or proceedings existing or pending (or,to the
knowledge of the Seller,threatened)against Seller or the Property which can reasonably
be expected to have an adverse effect upon the Seller’s performance of its obligations
under this Agreement.124,41—
D.At closing,no one other than the Seller will be in possession of any portion of the
Property.The Seller shall remove or cause to be removed all encroachments by adjoining
owners or others prior to closing.There are no leases,tenancies,or other rights of
occupancy,timber contracts,oil,gas,or mineral leases,or other contracts in effect or
under negotiation with respect to the Property except:
______
E.The Seller has no knowledge that hazardous or toxic substances have been generated,
treated,stored,used,disposed of or deposited in or on the Property nor that there have
been any underground storage tanks,septic tanks,oil or gas wells,or water wells.The
Seller has no knowledge that there are presently any underground storage tanks,septic
tanks,or oil or gas wells,or water wells,dumpsites,pollution or contamination of the soil
or water located within,upon,or under the Property except:(AA4—
F.There are no reports or investigations commissioned by the Seller or in the ,ellr’s
possession relating to hazardous or toxic substances at the Property except:W41”
G.The Seller will deliver the Property free of personal property.The Seller shall cause
removal of personal property as expeditiously as practicable.If the Purchaser,upon
inspection of the Property in preparation for closing,finds that there remains any personal
property on the Property,including but not limited to dumps,debris,or trailers,the
Purchaser shall provide the Seller with a list of the same.The Seller shall remove all of
the same from the Property prior to closing.
Page 3
H.The parties agree that no broker brought about this sale and the Seller agrees to hold
the Purchaser harmless and to indemnify the Purchaser for any claims for brokers’
commissions arising out of this transaction.
The representations made with regard to any of the conditions listed in this paragraph 6
shall not merge into the deed and shall survive closing.
7.PRESERVATION OF PROPERTY.The Seller agrees that the Property shall remain as
it is on the date first written above,until closing and that the Seller will prevent and
refrain from any use of the Property for any purpose or in any manner which would
adversely affect the Property,including,but not limited to:a)removal of trees,
vegetation,soil,or minerals and b)dumping or depositing of materials of any kind.This
provision does not affect the prior existing rights of others listed in paragraph 5 and
paragraph 6(D)herein.
8.TAXES.The Seller will pay and discharge all taxes,assessments,and municipal water
and sewer charges which are liens against the Property at the time of the recording of the
deed to the Purchaser.The Purchaser agrees to reimburse the Seller the prorated share of
any current taxes,assessments,and municipal water and sewer charges (except metered
charges or charges based upon use)upon completion of the audit and application process
subsequent to closing.The obligation of the Seller to pay and discharge taxes and the
Purchaser to pay a tax proration shall not merge into the deed and will survive closing.
9.RIGHT TO INSPECT PROPERTY.A.From the date of this Agreement,the
Purchaser,through its employees and agents,may enter upon the Property and any adjoin
property owned by the Seller,after reasonable notice to the Seller,for the purpose of
making surveys,inspections,and investigations as the Purchaser deems appropriate,
including,without limitation,making an environmental assessment of the soils,waters,
and improvements,if any,on the Property.
B.If,in its sole discretion,the Purchaser determines the environmental conditions are
unacceptable,the Purchaser may terminate this Agreement;in such case,this Agreement
shall become void and neither party shall have any liability to the other under this
Agreement.
10.SURVEY.The Seller or the Purchaser may at its option,but at its own cost and expense,
cause an accurate survey and map of the Property to be made,and in that event the deed
from the Seller to the Purchaser shall,at the option of the Purchaser,describe said
Property according to such survey and map.
11.PROCUREMENT LOBBYING ACT.The Seller certifies the following:
Page 4
(1)By executing this Agreement,the Seller affirms that it understands and has
agreed to comply with the enclosed Procurement Lobbying Law guidelines
concerning permissible contacts in accordance with State Finance Law §
139-j and 139-k.
(2)By executing this Agreement,the Seller certifies that he/she has not been
found non-responsible by a government entity within the previous four years.
(3)By executing this Agreement,the Seller certifies that all information provided
with respect to State Finance Law §139-j and 139-k is complete,true,and
accurate with regard to prior non-responsibility determinations within the past
four years based on impermissible contacts or other violations of §1 39-j or the
intentional provision of false or incomplete information to a governmental
entity.
The Purchaser reserves the right to terminate this contract in the event it is found that the
certification filed by the Seller in accordance with State Finance Law §139-j and 139-k
was intentionally false or intentionally incomplete.The designated contacts for the
Purchaser are:
Astéa Tidewater,Richard Scott,
Real Estate Specialist 1 Senior Land Surveyor
astea.tidewater@parks.ny.gov richard.scottparks.ny.gov
(518)408-0431 (518)474-4518
NYS OPRHP —Real Property Unit NYS OPRHP —Real Property Unit
625 Broadway,2nd Floor 625 Broadway,2’Floor
Albany,New York 12207 Albany,New York 12207
12.BINDING CONTRACT.This Agreement is not binding on the parties until approved
by the Attorney General and,if required,the State Comptroller.After the signatures of
the parties are affixed hereto and upon such approvals,this Agreement will be binding
upon the parties,their heirs,personal representatives,assigns,and successors in interest.
The provisions of this Agreement that are stated to survive closing shall not merge into
the deed delivered at closing.
13.ENTIRE AGREEMENT.This Agreement contains all of the agreements of the parties
hereto.There are no promises,agreements,terms,conditions,warranties,representations,
or statements other than those contained herein.This Agreement may not be changed
orally and it may not be modified in writing unless and until the written modification is
approved by the Attorney General and the State Comptroller.
Page 5
14.Attached hereto and made a part hereof is Appendix A:Standard Clauses for New York
State Contracts,revised June 2023.
Page 6
Project No.04-1074
Contract No.W000683
This Agreement is executed in four counterparts,each of which is an original for all purposes.
IN WITNESS WHEREOF the parties hereto have executed this instrument the month,day,and
year first written above.
SELLER:Town of Ithaca
By:9 ccJ 4cwe
Its:Su..par Asor
PURCHASER:THE PEOPLE OF THE STATE OF NEW YORK,
by their Commissioner of Parks,Recreation and Historic
Preservation
In addition to the acceptance of this contract,I also certify that
original copies of this signature page will be attached to all other
exact copies of this contract.
Its:Executive Deputy Commissioner
APPROVED AS TO FORM AND
MANNER OF EXECUTION
NEW YORK STATE
ATTORNEY GENERAL
By_-
Date:3
Proceeding Number:(3 7 9
Page 7 —Signature Page
Project No.04-1074
Contract No.W000683
This Agreement is executed in four counterparts,each of which is an original for all purposes.
IN WITNESS WHEREOF the parties hereto have executed this instrument the month,day,and
year first written above.
SELLER:Town of Ithaca
By:(ccl f(oWe
Its:
PURCHASER:THE PEOPLE OF THE STATE OF NEW YORK,
by their Commissioner of Parks,Recreation and Historic
Preservation
In addition to the acceptance of this contract,I also certify that
original copies of this signature page will be attached to all other
exact copies of this contract.
APPROVED AS TO FORM AND
MANNER OF EXECUTION
NEW YORK STATE
ATTORNEY GENERAL
Byf
Date:
‘I /
Proceeding Number:6i 7?
By:Thomas J.Alworth
Its:Executive Deputy Commissioner
APPROVED
DEPT.OF AUDIT &CONTROL
Jul 22 2025
Kara Gorman
FOR ThE STATE COMPTROLLER
Page 7 —Signature Page
Project No.04-1074
Contract No.W000683
SELLER ACKNOWLEDGEMENT
STATE OF NEW YORK )
)
COIJNTY OF Tc’rrpkinS )
On the 4 day of ‘JLLflfc?.,in the year 2025 before me,the undersigned,a
Notary Public in and for said State,personally appeared iRorcI
—
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s)is (are)subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)
on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,
executed the instrument.
Notary Public ASHLEY COLBERT
Notary Pubic State York
Quaifled in Tompkins CountV
PURCHASER ACKNOWLEDGEMENT CommiSSO’pIre5 Ju V
STATE OF NEW YORK )
COuNTY OF ALBANY )
On the L3 day of J L.U\’t.,in the year 202.f before me,the undersigned,a
Notary Public in and for said State,personally appeared lift(*k([S ZTA I %J*.JQj/4’k
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s)is (are)subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)
on the instrument,the individua1(s),or the person upon behalf of which the individual(s)acted,
executed the instrument.
Nota Public
)ss.:
TERESA BRETI
Notary Public -State of New V
NO.016R6414395
Qualified in Saratoga Count
My Commission Expires Feb 22,
Page 8 —Acknowledgements
State of New York
Office of Parks,Recreation and Historic Preservation
Finger Lakes Region
Black Diamond Trail
Project No.04-1074
Contract No.W000683
Approval by the Office of the State Comptroller,Bureau of Contracts:
Page 9 —OSC Approval
Project No.04-1074
Contract No.W000683
SCHEDULE A
SCHEDULE A for Agreement
OPRHP Project 07-1074
Town of Ithaca to People of the State of New York
Tax Lot 35-1-18.1
All that tract or parcel of land,situate in the Town of Ithaca,County of Tompkins and
State of New York,bounded and described as follows:
Beginning at a point at the southwestern corner of the premises now or formerly of Inlet
Valley Cemetery,said point of beginning being S 440 22’38”E,a distance of 346.69 feet from
a point in the present centerline of New York State Route 34,96 &13 (also known as Elmira
Road),said point in the centerline being the northwesterly corner of said Inlet Valley Premises,
Thence N 41°04’13”E a distance of 125.00 feet to a computed point;
Thence N 17°47’23”E a distance of 179.52 feet to a computed point;
Thence N 35°47’23”E a distance of 81.84 feet to a computed point;
Thence N 54°47’23”E a distance of 66.00 feet to a computed point;
Thence N 45°47’23”E a distance of 92.40 feet to a point marked with a pin set with
cap;
Thence S 56°12’37”E a distance of 95.70 feet to a point marked with a pin set with cap;
Thence S 11°50’22”W a distance of 1,948.21 feet to a computed point;
Thence S 40°23’46”W a distance of 401.20 feet to a computed point;
Thence along a curve to the right having a radius of 22,951.30 feet,an arc distance of
186.94 feet to a computed point,such computed point also being located as measured by a chord
bearing S 40°09’46”W,a distance of 186.93’to said computed point;
Thence S 39°55’46”Wa distance of 1381.84 feet to a computed point;
Thence N 09°32’01”E a distance of 1763.60 feet to a point marked with pin set with
cap;
Thence N 35°39’13”E a distance of 1272.33 feet a point marked with pin set with cap;
Thence N 56°39’58”F a distance of 339.18 feet to a point located 1 foot southeasterly of
the northerly corner of a fenced area as shown upon the Survey Map referenced below;
Schedule A,Page 1
Project No.04-1074
Contract No.W000683
Thence N 24°46’59”W a distance of 82.09 feet to the point and place of beginning.
Containing approximately 45.14 1 acres.
The above-described parcel is more particularly shown as Parcel B on a survey map entitled
“Proposed Subdivision Map Showing Lands of Hazel S.Cortright,Town of
Ithaca,Tompkins County,New York,”made by T.G.Miller,PC,dated December 30,1999,last
revised February 9,2023,filed in the Tompkins County Clerk’s Office on March 27,2023 as Map
No.2023-02429.
Excepting from the above described parcel,All that tract or parcel of land being bounded and
described as follows:
Beginning at a point at the southwestern corner of the premises now or formerly of Inlet
Valley Cemetery,said point of beginning being 5 44°22’38”E,a distance of 346.69 feet from
a point in the present centerline of New York State Route 34,96 &13 (also known as Elmira
Road),said point in the centerline being the northwesterly corner of said Inlet Valley Premises,
Thence N 41°04’13”E a distance of 125.00 feet to a computed point;
Thence N 17°47’23”E a distance of 179.52 feet to a computed point;
Thence N 35°47’23”E a distance of 81.84 feet to a computed point;
Thence N 54°47’23”E a distance of 66.00 feet to a computed point;
Thence N 45°47’23”E a distance of 92.40 feet to a point marked with a pin set with
cap;
Thence S 56°12’37”E a distance of 95.70 feet to a point marked with a pin set with cap;
Thence through lands of the above described parcel the following two (2)courses and distances;
1)5 36°12’33”W a distance of 417.07 feet to a pin set with cap;and
2)5 72°13’11”W a distance of 145.07 feet to the point or place of beginning.
Containing 1.16 acres of land more or less.
The above described parcel is more particularly shown as Parcel A on a survey map entitled “Lot
Line Adjustment Map Showing Portion of Lands Owned by Town of Ithaca Located Southerly
of Elmira Road”made by T.G.Miller,PC,dated October 28,2024,filed in the Tompkins
Schedule A,Page 2
Project No.04-1074
Contract No.W000683
County Clerk’s Office on February 27,2025 as Map No.2025-0 1790.
Tax Lot 35-1-10.11
All that tract or parcel of land situate in the Town of Ithaca,County of Tompkins,State
of New York,being bounded and described as follows:
Beginning at a point in North line of lands now or formerly of Alfred C.Eddy as described
in Liber 575 of Deeds at page 1139,said point being further located South 82°13’06”East
770.31’,more or less,from a point in the present centerline of Elmira Road,which point is further
located 348 ‘,more or less,southerly of the intersection of said centerline of Elmira Road with
the centerline of New York State Route 327;
Running thence South 07°41’09”East for a distance of 777.99’to an iron pin found;
Running thence South 52°58’44”East for a distance of 583.25’to a point in the west line of the
Norfolk Southern Railroad;
Running thence North 27°58’34”East along the west line of Norfolk Southern Railroad for a
distance of 29.83’to a point;
Running thence North 02°31’59”West for a distance of 1071.00’to a point;
Running thence North 82°13’06”West passing through an iron pin found at a distance of 30.12’,
and continuing for a total distance of 376.12’to an iron pin found;
Running thence South 27°48’09”West for a distance of 50.00’to a point;
Running thence North 82°13’06”West passing through an iron pin set at a distance of 30.12’,
and continuing for a total distance of 141.71’to the point and place of beginning.
Said parcel having an area of 10.754 acres.
For a more particular description thereof reference is hereby made to a survey map entitled
“Subdivision Map Showing lands of Alfred C.Eddy Located on Elmira Road Town of Ithaca,
Schedule A,Page 3
Project No.04-1074
Contract No.W000683
Tompkins County,New York”,dated December 11,2018,prepared by T.G.Miller,P.C.,
Engineers and Surveyors,Ithaca,New York,filed in the Tompkins County Clerk’s Office on
March 27,2019 as Map No.2019-03011.
Tax Lot 35-1-25.2
Parcel 1 Northerly of former Lehi2h Valley Railroad
All that tract or parcel of land situate in the Town of Ithaca,County of Tompkins,State of
New York,being bounded and described as follows:
Beginning at a point in the Northwesterly line of the former Lehigh Valley Railroad located South
28°1 7’26”West,237.50 feet as measured along said Northwesterly line of the Lehigh Valley
Railroad,from a point at the intersection of the Northwesterly line of the former Lehigh Valley
Railroad and the present centerline of Elmira Road;
Running thence South 28°1 7’26”West along the Northwesterly line of the former Lehigh Valley
Railroad for a distance of 711.89 feet to a point located 5.9 feet Westerly and 1.5 feet Southerly of
a railroad fence post;
Running thence North I 8°45’24”West a distance of 364.68 feet to an iron pin found;running thence
North 49°14’36”East a distance of 200.00 feet to an iron pin set;running thence North 26°02’24”
West a distance of 10.14 feet to an iron pin set;
Running thence North 62°05’12”East,passing through a concrete highway monument found at
a distance of 169.18 feet and continuing a total distance of 325.47 feet to a concrete highway
monument found;
Running thence South 62°18’58”East a distance of 22.59 feet to the point and place of
beginning.
Schedule A,Page 4
Project No.04-1074
Contract No.W000683
Containing an area of 2.48 acres of land.
Parcel 2 Southerly of former Lehigh Valley Railroad
All that tract or parcel of land situate in the Town of Ithaca,County of Tompkins,State of
New York,being bounded and described as follows:
Beginning at a point in the Southeasterly line of the former Lehigh Valley Railroad located 2.7 feet
Westerly and 7.7 feet Southerly of a railroad fence post,said point also marking a Northerly corner
of the lands now or formerly of the Finger Lakes Land Trust (695/308),where the Easterly
boundary line of said lands of the Finger Lakes Land Trust intersects with the Southeasterly line
of the former Lehigh Valley Railroad;Running thence North 28°17’26”East along the
Southeasterly line of the former Lehigh Valley Railroad a distance of 774.04 feet to a point;
Running thence South 62°18’58”East a distance of 36.81 feet to a point;Running thence North
27°41’02”East a distance of 140.71 feet to a point;Running thence North 61°19’50”East a
distance of 37.86 feet to a point;
Running thence Southwesterly along the Northerly and Westerly bank of the Cayuga Inlet as
located on September 12,2023,a distance of approximately 2,054 feet to a point,said course
having the following six chord ties and distances:
1)South 03°07’38”East 272.11 feet;
2)North 72°27’32”West 181.68 feet;
3)South 28°06’34”West 269.64 feet;
4)South 35°57’02”East 290.21 feet;
5)South 12°22’OS”East 592.89 feet;
6)South 61°07’26”West 339.87 feet;
Running thence North 1 8°45’24”West,passing through an iron pin set at a distance of
Schedule A,Page 5
Project No.04-1074
Contract No.W000683
44.68 feet and continuing along said course total distance of 660.66 feet to the point and place of
beginning.
Containing an area of 7.69 acres of land.
The two parcels herein described,have a total area of 10.17 acres of land.
For a more particular description thereof’,reference is hereby made to a survey map entitled
“Survey Map Showing Lands of Allen S.Becker,Town of Ithaca,Tompkins County,New
York”,dated September 12,2023,prepared by Lee Dresser,LLS#050096,of T.G.Miller,P.C.,
Engineers and Surveyors,Ithaca,New York,filed in the Tompkins County Clerk’s Office on
September 29,2023 as Map No.2023-08674.
Schedule A,Page 6
STANDARD CLAUSES FOR NYS CONTRACTS APPENDIXA
STANDARD CLAUSES FOR NYS CONTRACTS
The parties to the attached contract,license,lease,amendment
or other agreement of any kind (hereinafter,“the contract’or
“this contract”)agree to be bound by the following clauses
which are hereby made a part of the contract (the word
“Contractor”herein refers to any party other than the State,
whether a contractor,licenser,licensee,lessor,lessee or any
other party):
1.EXECUTORY CLAUSE.In accordance with Section 41
of the State Finance Law,the State shall have no liability under
this contract to the Contractor or to anyone else beyond funds
appropriated and available for this contract.
2.NON-ASSIGNMENT CLAUSE.In accordance with
Section 138 of the State Finance Law,this contract may not be
assigned by the Contractor or its right,title or interest therein
assigned,transferred,conveyed,sublet or otherwise disposed of
without the State’s previous written consent,and attempts to do
so are null and void.Notwithstanding the foregoing,such prior
written consent of an assignment of a contract let pursuant to
Article XI of the State Finance Law may be waived at the
discretion of the contracting agency and with the concurrence
of the State Comptroller where the original contract was subject
to the State Comptroller’s approval,where the assignment is
due to a reorganization,merger or consolidation of the
Contractor’s business entity or enterprise.The State retains its
right to approve an assignment and to require that any
Contractor demonstrate its responsibility to do business with
the State.The Contractor may,however,assign its right to
receive payments without the State’s prior written consent
unless this contract concerns Certificates of Participation
pursuant to Article 5-A of the State Finance Law.
3.COMPTROLLER’S APPROVAL.In accordance with
Section 112 of the State Finance Law,if this contract exceeds
$50,000 (or $75,000 for State University of New York or City
University of New York contracts for goods,services,
construction and printing,and $150,000 for State University
Health Care Facilities)or if this is an amendment for any
amount to a contract which,as so amended,exceeds said
statutory amount,or if,by this contract,the State agrees to give
something other than money when the value or reasonably
estimated value of such consideration exceeds $25,000,it shall
not be valid,effective or binding upon the State until it has been
approved by the State Comptroller and filed in his office.
Comptroller’s approval of contracts let by the Office of General
Services,either for itself or its customer agencies by the Office
of General Services Business Services Center,is required when
such contracts exceed $85,000.Comptroller’s approval of
contracts established as centralized contracts through the Office
of General Services is required when such contracts exceed
$125,000,and when a purchase order or other procurement
transaction issued under such centralized contract exceeds
$200,000.
4.WORKERS’COMPENSATION BENEFITS.In
accordance with Section 142 of the State Finance Law,this
contract shall be void and of no force and effect unless the
Contractor shall provide and maintain coverage during the life
of this contract for the benefit of such employees as are required
to be covered by the provisions of the Workers’Compensation
Law.
5.NON-DISCRIMINATION REQUIREMENTS.To the
extent required by Article 15 of the Executive Law (also known
as the Human Rights Law)and all other State and Federal
statutory and constitutional non-discrimination provisions,the
Contractor will not discriminate against any employee or
applicant for employment,nor subject any individual to
harassment,because of age,race,creed,color,national origin,
citizenship or immigration status,sexual orientation,gender
identity or expression,military status,sex,disability,
predisposing genetic characteristics,familial status,marital
status,or domestic violence victim status or because the
individual has opposed any practices forbidden under the
Human Rights Law or has filed a complaint,testified,or
assisted in any proceeding under the Human Rights Law.
Furthermore,in accordance with Section 220-e of the Labor
Law,if this is a contract for the construction,alteration or repair
of any public building or public work or for the manufacture,
sale or distribution of materials,equipment or supplies,and to
the extent that this contract shall be performed within the State
of New York,Contractor agrees that neither it nor its
subcontractors shall,by reason of race,creed,color,disability,
sex,or national origin:(a)discriminate in hiring against any
New York State citizen who is qualified and available to
perform the work;or (b)discriminate against or intimidate any
employee hired for the performance of work under this contract.
If this is a building service contract as defined in Section 230 of
the Labor Law,then,in accordance with Section 239 thereof,
Contractor agrees that neither it nor its subcontractors shall by
reason of race,creed,color,national origin,age,sex or
disability:(a)discriminate in hiring against any New York
State citizen who is qualified and available to perform the work;
or (b)discriminate against or intimidate any employee hired for
the performance of work under this contract.Contractor is
subject to fines of $50.00 per person per day for any violation
of Section 220-e or Section 239 as well as possible termination
of this contract and forfeiture of all moneys due hereunder for
a second or subsequent violation.
6.WAGE AND HOURS PROVISIONS.If this is a public
work contract covered by Article 8 of the Labor Law or a
building service contract covered by Article 9 thereof,neither
Contractor’s employees nor the employees of its subcontractors
may be required or permitted to work more than the number of
hours or days stated in said statutes,except as otherwise
provided in the Labor Law and as set forth in prevailing wage
and supplement schedules issued by the State Labor
Department.Furthermore,Contractor and its subcontractors
must pay at least the prevailing wage rate and pay or provide
the prevailing supplements,including the premium rates for
overtime pay,as determined by the State Labor Department in
Page 1 June 2023
STANDARD CLAUSES FOR NYS CONTRACTS APPENDIXA
accordance with the Labor Law.Additionally,effective April
28,2008,if this is a public work contract covered by Article 8
of the Labor Law,the Contractor understands and agrees that
the filing of payrolls in a manner consistent with Subdivision 3-
a of Section 220 of the Labor Law shall be a condition precedent
to payment by the State of any State approved sums due and
owing for work done upon the project.
7.NON-COLLUSIVE BIDDING CERTIFICATION.In
accordance with Section 139-d of the State Finance Law,if this
contract was awarded based upon the submission of bids,
Contractor affirms,under penalty of perjury,that its bid was
arrived at independently and without collusion aimed at
restricting competition.Contractor further affirms that,at the
time Contractor submitted its bid,an authorized and responsible
person executed and delivered to the State a non-collusive
bidding certification on Contractor’s behalf.
8.INTERNATIONAL BOYCOTT PROHIBITION.In
accordance with Section 220-f of the Labor Law and Section
139-h of the State Finance Law,if this contract exceeds $5,000,
the Contractor agrees,as a material condition of the contract,
that neither the Contractor nor any substantially owned or
affiliated person,firm,partnership or corporation has
participated,is participating,or shall participate in an
international boycott in violation of the federal Export
Administration Act of 1979 (50 USC App.Sections 2401 et
seq.)or regulations thereunder.If such Contractor,or any of
the aforesaid affiliates of Contractor,is convicted or is
otherwise found to have violated said laws or regulations upon
the final determination of the United States Commerce
Department or any other appropriate agency of the United
States subsequent to the contract’s execution,such contract,
amendment or modification thereto shall be rendered forfeit and
void.The Contractor shall so notify the State Comptroller
within five (5)business days of such conviction,determination
or disposition of appeal (2 NYCRR §105.4).
9.SET-OFF RIGHTS.The State shall have all of its common
law,equitable and statutory rights of set-off.These rights shall
include,but not be limited to,the State’s option to withhold for
the purposes of set-off any moneys due to the Contractor under
this contract up to any amounts due and owing to the State with
regard to this contract,any other contract with any State
department or agency,including any contract for a term
commencing prior to the term of this contract,plus any amounts
due and owing to the State for any other reason including,
without limitation,tax delinquencies,fee delinquencies or
monetary penalties relative thereto.The State shall exercise its
set-off rights in accordance with normal State practices
including,in cases of set-off pursuant to an audit,the
finalization of such audit by the State agency,its
representatives,or the State Comptroller.
10.RECORDS.The Contractor shall establish and maintain
complete and accurate books,records,documents,accounts and
other evidence directly pertinent to performance under this
contract (hereinafter,collectively,the “Records”).The Records
must be kept for the balance of the calendar year in which they
were made and for six (6)additional years thereafter.The State
Comptroller,the Attorney General and any other person or
entity authorized to conduct an examination,as well as the
agency or agencies involved in this contract,shall have access
to the Records during normal business hours at an office of the
Contractor within the State of New York or,if no such office is
available,at a mutually agreeable and reasonable venue within
the State,for the term specified above for the purposes of
inspection,auditing and copying.The State shall take
reasonable steps to protect from public disclosure any of the
Records which are exempt from disclosure under Section 87 of
the Public Officers Law (the “Statute”)provided that:(i)the
Contractor shall timely inform an appropriate State official,in
writing,that said records should not be disclosed;and (ii)said
records shall be sufficiently identified;and (iii)designation of
said records as exempt under the Statute is reasonable.Nothing
contained herein shall diminish,or in any way adversely affect,
the State’s right to discovery in any pending or future litigation.
11.IDENTIFYING INFORMATION AND PRIVACY
NOTIFICATION.(a)Identification Number(s).Every
invoice or New York State Claim for Payment submitted to a
New York State agency by a payee,for payment for the sale of
goods or services or for transactions (e.g.,leases,easements,
licenses,etc.)related to real or personal property must include
the payee’s identification number.The number is any or all of
the following:(i)the payee’s Federal employer identification
number,(ii)the payee’s Federal social security number,and/or
(iii)the payee’s Vendor Identification Number assigned by the
Statewide Financial System.Failure to include such number or
numbers may delay payment.Where the payee does not have
such number or numbers,the payee,on its invoice or Claim for
Payment,must give the reason or reasons why the payee does
not have such number or numbers.
(b)Privacy Notification.(1)The authority to request the above
personal information from a seller of goods or services or a
lessor of real or personal property,and the authority to maintain
such information,is found in Section 5 of the State Tax Law.
Disclosure of this information by the seller or lessor to the State
is mandatory.The principal purpose for which the information
is collected is to enable the State to identify individuals,
businesses and others who have been delinquent in filing tax
returns or may have understated their tax liabilities and to
generally identify persons affected by the taxes administered by
the Commissioner of Taxation and Finance.The information
will be used for tax administration purposes and for any other
purpose authorized by law.(2)The personal information is
requested by the purchasing unit of the agency contracting to
purchase the goods or services or lease the real or personal
property covered by this contract or lease.The information is
maintained in the Statewide Financial System by the Vendor
Management Unit within the Bureau of State Expenditures,
Office of the State Comptroller,110 State Street,Albany,New
York 12236.
Page 2 June 2023
STANDARD CLAUSES FOR NYS CONTRACTS APPENDIXA
12.EQUAL EMPLOYMENT OPPORTUNITIES FOR
MINORITIES AND WOMEN.In accordance with Section
312 of the Executive Law and 5 NYCRR Part 143,if this
contract is:(i)a written agreement or purchase order
instrument,providing for a total expenditure in excess of
$25,000.00,whereby a contracting agency is committed to
expend or does expend funds in return for labor,services,
supplies,equipment,materials or any combination of the
foregoing,to be performed for,or rendered or furnished to the
contracting agency;or (ii)a written agreement in excess of
$100,000.00 whereby a contracting agency is committed to
expend or does expend funds for the acquisition,construction,
demolition,replacement,major repair or renovation of real
property and improvements thereon;or (iii)a written agreement
in excess of$100,000.00 whereby the owner of a State assisted
housing project is committed to expend or does expend funds
for the acquisition,construction,demolition,replacement,
major repair or renovation of real property and improvements
thereon for such project,then the following shall apply and by
signing this agreement the Contractor certifies and affirms that
it is Contractor’s equal employment opportunity policy that:
(a)The Contractor will not discriminate against employees or
applicants for employment because of race,creed,color,
national origin,sex,age,disability or marital status,shall make
and document its conscientious and active efforts to employ and
utilize minority group members and women in its work force
on State contracts and will undertake or continue existing
programs of affirmative action to ensure that minority group
members and women are afforded equal employment
opportunities without discrimination.Affirmative action shall
mean recruitment,employment,job assignment,promotion,
upgradings,demotion,transfer,layoff,or termination and rates
of pay or other forms of compensation;
apply to:(1)work,goods or services unrelated to this contract;
or (ii)employment outside New York State.The State shall
consider compliance by a contractor or subcontractor with the
requirements of any federal law concerning equal employment
opportunity which effectuates the purpose of this clause.The
contracting agency shall determine whether the imposition of
the requirements of the provisions hereof duplicate or conflict
with any such federal law and if such duplication or conflict
exists,the contracting agency shall waive the applicability of
Section 312 to the extent of such duplication or conflict.
Contractor will comply with all duly promulgated and lawful
rules and regulations of the Department of Economic
Development’s Division of Minority and Women’s Business
Development pertaining hereto.
13.CONFLICTING TERMS.In the event of a conflict
between the terms of the contract (including any and all
attachments thereto and amendments thereof)and the terms of
this Appendix A,the terms of this Appendix A shall control.
14.GOVERNING LAW.This contract shall be governed by
the laws of the State of New York except where the Federal
supremacy clause requires otherwise.
15.LATE PAYMENT.Timeliness of payment and any
interest to be paid to Contractor for late payment shall be
governed by Article 11-A of the State Finance Law to the extent
required by law.
16.NO ARBITRATION.Disputes involving this contract,
including the breach or alleged breach thereof,may not be
submitted to binding arbitration (except where statutorily
authorized),but must,instead,be heard in a court of competent
jurisdiction of the State of New York.
(b)at the request of the contracting agency,the Contractor shall
request each employment agency,labor union,or authorized
representative of workers with which it has a collective
bargaining or other agreement or understanding,to furnish a
written statement that such employment agency,labor union or
representative will not discriminate on the basis of race,creed,
color,national origin,sex,age,disability or marital status and
that such union or representative will affirmatively cooperate in
the implementation of the Contractor’s obligations herein;and
(c)the Contractor shall state,in all solicitations or
advertisements for employees,that,in the performance of the
State contract,all qualified applicants will be afforded equal
employment opportunities without discrimination because of
race,creed,color,national origin,sex,age,disability or marital
status.
Contractor will include the provisions of “(a),(b)and (c)”
above,in every subcontract over $25,000.00 for the
construction,demolition,replacement,major repair,
renovation,planning or design of real property and
improvements thereon (the “Work”)except where the Work is
for the beneficial use of the Contractor.Section 312 does not
17.SERVICE OF PROCESS.In addition to the methods of
service allowed by the State Civil Practice Law &Rules
(“CPLR”),Contractor hereby consents to service of process
upon it by registered or certified mail,return receipt requested.
Service hereunder shall be complete upon Contractor’s actual
receipt of process or upon the State’s receipt of the return
thereof by the United States Postal Service as refused or
undeliverable.Contractor must promptly notify the State,in
writing,of each and every change of address to which service
of process can be made.Service by the State to the last known
address shall be sufficient.Contractor will have thirty (30)
calendar days after service hereunder is complete in which to
respond.
18.PROHIBITION ON PURCHASE OF TROPICAL
HARDWOODS.The Contractor certifies and warrants that all
wood products to be used under this contract award will be in
accordance with,but not limited to,the specifications and
provisions of Section 165 of the State Finance Law,(Use of
Tropical Hardwoods)which prohibits purchase and use of
tropical hardwoods,unless specifically exempted,by the State
or any governmental agency or political subdivision or public
benefit corporation.Qualification for an exemption under this
Page 3 June 2023
STANDARD CLAUSES FOR NYS CONTRACTS IPPENDIXA
law will be the responsibility of the contractor to establish to
meet with the approval of the State.
In addition,when any portion of this contract involving the use
of woods,whether supply or installation,is to be performed by
any subcontractor,the prime Contractor will indicate and
certify in the submitted bid proposal that the subcontractor has
been informed and is in compliance with specifications and
provisions regarding use of tropical hardwoods as detailed in
§165 State Finance Law.Any such use must meet with the
approval of the State;otherwise,the bid may not be considered
responsive.Under bidder certifications,proof of qualification
for exemption will be the responsibility of the Contractor to
meet with the approval of the State.
19.MACBRIDE FAIR EMPLOYMENT PRINCIPLES.In
accordance with the MacBride Fair Employment Principles
(Chapter 807 of the Laws of 1992),the Contractor hereby
stipulates that the Contractor either (a)has no business
operations in Northern Ireland,or (b)shall take lawful steps in
good faith to conduct any business operations in Northern
Ireland in accordance with the MacBride Fair Employment
Principles (as described in Section 165 of the New York State
Finance Law),and shall permit independent monitoring of
compliance with such principles.
20.OMNiBUS PROCUREMENT ACT OF 1992.It is the
policy of New York State to maximize opportunities for the
participation of New York State business enterprises,including
minority-and women-owned business enterprises as bidders,
subcontractors and suppliers on its procurement contracts.
Information on the availability of New York State
subcontractors and suppliers is available from:
NYS Department of Economic Development
Division for Small Business and Technology Development
625 Broadway
Albany,New York 12245
Telephone:518-292-5100
A directory of certified minority-and women-owned business
enterprises is available from:
NYS Department of Economic Development
Division of Minority and Women’s Business Development
633 Third Avenue 33rd Floor
New York,NY 10017
646-846-7364
email:mwbebusinessdev@esd.ny.gov
https :1/ny .newnycontracts.com!FrontEnd/searchcerti fieddir
ectory .asp
The Omnibus Procurement Act of 1992 (Chapter 844 of the
Laws of 1992,codified in State Finance Law §139-i and Public
Authorities Law §2879(3)(n)—(p))requires that by signing this
bid proposal or contract,as applicable,Contractors certify that
whenever the total bid amount is greater than $1 million:
(a)The Contractor has made reasonable efforts to encourage
the participation of New York State Business Enterprises as
suppliers and subcontractors,including certified minority-and
women-owned business enterprises,on this project,and has
retained the documentation of these efforts to be provided upon
request to the State;
(b)The Contractor has complied with the Federal Equal
Opportunity Act of 1972 (P.L.92-26 1),as amended;
(c)The Contractor agrees to make reasonable efforts to provide
notification to New York State residents of employment
opportunities on this project through listing any such positions
with the Job Service Division of the New York State
Department of Labor,or providing such notification in such
manner as is consistent with existing collective bargaining
contracts or agreements.The Contractor agrees to document
these efforts and to provide said documentation to the State
upon request;and
(d)The Contractor acknowledges notice that the State may seek
to obtain offset credits from foreign countries as a result of this
contract and agrees to cooperate with the State in these efforts.
21.RECiPROCITY AND SANCTIONS PROVISIONS.
Bidders are hereby notified that if their principal place of
business is located in a country,nation,province,state or
political subdivision that penalizes New York State vendors,
and if the goods or services they offer will be substantially
produced or performed outside New York State,the Omnibus
Procurement Act 1994 and 2000 amendments (Chapter 684 and
Chapter 383,respectively,codified in State Finance Law
§165(6)and Public Authorities Law §2879(5))require that
they be denied contracts which they would otherwise obtain.
NOTE:As of May 2023,the list of discriminatory jurisdictions
subject to this provision includes the states of South Carolina,
Alaska,West Virginia,Wyoming,Louisiana and Hawaii.
22.COMPLIANCE WITH BREACH NOTIFICATION
AND DATA SECURITY LAWS.Contractor shall comply
with the provisions of the New York State Information Security
Breach and Notification Act (General Business Law §899-aa
and 899-bb and State Technology Law §208).
23.COMPLIANCE WITH CONSULTANT
DISCLOSURE LAW.If this is a contract for consulting
services,defined for purposes of this requirement to include
analysis,evaluation,research,training,data processing,
computer programming,engineering,environmental,health,
and mental health services,accounting,auditing,paralegal,
legal or similar services,then,in accordance with Section 163
(4)(g)of the State Finance Law (as amended by Chapter 10 of
the Laws of 2006),the Contractor shall timely,accurately and
properly comply with the requirement to submit an annual
employment report for the contract to the agency that awarded
the contract,the Department of Civil Service and the State
Comptroller.
Page 4 June 2023
STANDARD CLAUSES FOR NYS CONTRACTS APPEIDIXA
24.PROCUREMENT LOBBYING.To the extent this
agreement is a “procurement contract”as defined by State
Finance Law §139-j and 139-k,by signing this agreement the
contractor certifies and affirms that all disclosures made in
accordance with State Finance Law §139-j and 139-k are
complete,true and accurate.In the event such certification is
found to be intentionally false or intentionally incomplete,the
State may terminate the agreement by providing written
notification to the Contractor in accordance with the terms of
the agreement.
25.CERTIFICATION OF REGISTRATION TO
COLLECT SALES AND COMPENSATING USE TAX BY
CERTAIN STATE CONTRACTORS.AFFILIATES AND
SUBCONTRACTORS.
To the extent this agreement is a contract as defined by Tax Law
§5-a,if the contractor fails to make the certification required
by Tax Law §5-a or if during the term of the contract,the
Department of Taxation and Finance or the covered agency,as
defined by Tax Law §5-a,discovers that the certification,made
under penalty of perjury,is false,then such failure to file or
false certification shall be a material breach of this contract and
this contract may be terminated,by providing written
notification to the Contractor in accordance with the terms of
the agreement,if the covered agency determines that such
action is in the best interest of the State.
The state agency reserves the right to reject any bid,request for
assignment,renewal or extension for an entity that appears on
the Prohibited Entities List prior to the award,assignment,
renewal or extension of a contract,and to pursue a
responsibility review with respect to any entity that is awarded
a contract and appears on the Prohibited Entities list after
contract award.
27.ADMISSIBILITY OF REPRODUCTION OF
CONTRACT.Notwithstanding the best evidence rule or any
other legal principle or rule of evidence to the contrary,the
Contractor acknowledges and agrees that it waives any and all
objections to the admissibility into evidence at any court
proceeding or to the use at any examination before trial of an
electronic reproduction of this contract,in the form approved
by the State Comptroller,if such approval was required,
regardless of whether the original of said contract is in
existence.
26.IRAN DIVESTMENT ACT.By entering into this
Agreement,Contractor certifies in accordance with State
Finance Law §165-a that it is not on the “Entities Determined
to be Non-Responsive Bidders/Offerers pursuant to the New
York State Iran Divestment Act of 2012”(“Prohibited Entities
List”)posted at:https://ogs.ny.gov/iran-divestment-act-2012
Contractor further certifies that it will not utilize on this
Contract any subcontractor that is identified on the Prohibited
Entities List.Contractor agrees that should it seek to renew or
extend this Contract,it must provide the same certification at
the time the Contract is renewed or extended.Contractor also
agrees that any proposed Assignee of this Contract will be
required to certify that it is not on the Prohibited Entities List
before the contract assignment will be approved by the State.
During the term of the Contract,should the state agency receive
information that a person (as defined in State Finance Law
§165-a)is in violation of the above-referenced certifications,
the state agency will review such information and offer the
person an opportunity to respond.If the person fails to
demonstrate that it has ceased its engagement in the investment
activity which is in violation of the Act within 90 days after the
determination of such violation,then the state agency shall take
such action as may be appropriate and provided for by law,rule,
or contract,including,but not limited to,imposing sanctions,
seeking compliance,recovering damages,or declaring the
Contractor in default.
Page 5 June 2023
PROCUREMENT LOBBYING LAW GUIDELINES
SUMMARY OF AND IMPLEMENTATION GUIDELINES FOR
§139-J and §139-K OF THE STATE FINANCE LAW
*This summary is not intended to replace the need for persons to become familiar with the
full requirements of the law.Please refer to the full text of the law to resolve any questions
you may have with regard to your conduct under it.
Section 139-j of the State Finance Law imposes restrictions on how a person may communicate
with a governmental entity,such as the Office of Parks,Recreation and Historic Preservation
(hereafter,referred as “OPRHP”),concerning a governmental procurement during a period of
time called the “restricted period,”which is defined broadly as the period of time commencing
from the earliest written notice announcing a government procurement until the award is
approved by the comptroller.
These new requirements cover a wide range of government contracting transactions,including
the purchase of a commodity,service,technology,public work,construction and revenue
contract,or the purchase,sale or lease of real property or the acquisition or the granting of other
interests in real property (hereafter referred as “governmental procurement or procurement
contract.”Any person in the private sector (hereinafter referred to as “person”)interested in
contacting OPRHP concerning anyone of these types of transactions is covered under the
provisions of the new law,which limits the way that such person can communicate with OPRHP
during the “restricted period.”
For each governmental procurement,OPRHP will designate an employee or employees that may
be contacted by persons concerning all aspects of the governmental procurement.With very few
statutory exceptions,you are required to communicate during the restricted period with this
designated person or persons.If your communication can be inferred by a reasonable person to
be an attempt to influence the procurement,by law you are required to only communicate with
the designated person or persons.If your communication is interpreted as an attempt to
influence the procurement,the designated person is required to record your name,address,
telephone number,place of principle employment,and occupation of the person making the
contact and inquire and record whether the person making the contact is a principle or was hired
by the principle to make the contact.This recorded information must be retained in the
procurement record.
If,however,you communicate with someone other than the designated person or persons and
your communication can be construed by a reasonable person to be an attempt to influence the
governmental procurement,and the communication is not otherwise listed as an exception to the
law,this communication will be deemed impermissible per the terms of the law which requires
that the communication be reported to OPRHP’s Ethics Officer for investigation.If a
communication during the “restricted period”may be deemed an attempt to influence the
procurement such communication may only be with the individuals designated by OPRHP.
It is the policy of OPRHP to interpret as broadly as possible what communications are intended
to influence the governmental procurement,and are not just those attempts to influence the
procurement in such a manner that would be in violation of the ethical prohibitions against gifts
Procurement Lobbying Law Guidelines,Page 1
or which would result in any violation of the Ethics Law.Communications of a nature that are in
violation of the Ethics Law will be immediately reported to the Ethics Officer for investigation
regardless of whether the contact was made to the designated person or persons or someone else.
As referenced before,the law specifically permits certain types of contacts by persons to OPRHP
concerning the governmental procurement.These are:
•the submission of written proposals in response to a request for proposal,invitation for
bids or any other method for soliciting a response from interested parties;
•the submission of written questions to a designated contact,when all written questions
and responses are to be disseminated to all persons interested in such procurement;
•participation in a conference where all interested parties are invited to attend;
•written complaints made to the General Counsel’s Office of OPRHP concerning the
timely response to issues posed to the designated person,provided that such written
complaints are made part of the procurement record;
•communications where the contract award has been tentatively made and where such
communications are necessary to negotiate the terms of the procurement contract;
•requests made to the designated person or persons to review the procurement award;
•written protests,appeals,or other review proceedings to either OPRHP or an outside
agency.
Any contact alleged to be an impermissible contact under the law will be immediately referred to
and investigated by OPRHP’s Ethics Officer.The Ethics Officer shall promptly investigate the
allegation by interviewing all employees or persons involved or who are believed to have
information about the imperrnissible contact.If sufficient cause exists to believe that such
allegation is true,the person being investigated shall be given notice that an investigation is
ongoing and such person shall be afforded an opportunity to be heard in response to the
allegation either by responding in writing or by providing a statement before the Ethics Officer,
who shall record by appropriate means such statement for the record.The Ethics Officer shall
keep a record of the investigation and shall make a written finding of the results of such
investigation and report these findings to the Commissioner.
In addition,a finding by the Ethics Officer that a person has knowingly and willingly violated
the law by making an impermissible contact shall result in a determination of non-responsibility
and such person and all associated subsidiaries of such person shall not be awarded the
procurement contract.The determination of non-responsibility shall also be forwarded to the
Commissioner of the Office of General Services (or his or her designee),which by law is
required to keep a list of such determinations for public inspection.Determinations of non
responsibility must be disclosed in all future responses to New York State procurements.With
few exceptions,no proclLrement contract shall be awarded to any person who fails to disclose
findings of non-responsibility within the previous four years.
Procurement Lobbying Law Guidelines,Page 2
MEETING OF THE ITHACA TOWN BOARD
September 8, 2025
TB Resolution 2025- : Approval of Contract Documents and Bid Specifications for the
2024 Inlet Valley Sewer Improvement Area Improvement Project Materials Contract
Whereas New York Town Law Article 12-C, § 209-q(7) states that after a resolution authorizing
a sewer, drainage or water improvement becomes effective, contracts for the improvement may
be let in the manner provided by Town Law § 197, and
Whereas Town Law § 197 requires that the Town Board adopt definite plans, specifications,
estimates and the proposed contracts for sewer, drainage and water improvements, and
Whereas plans, specifications, estimates, and the proposed Materials Contract for the 2024 Inlet
Valley Sewer Improvement are on file in the Town Clerk’s office and have been available for
review by the Town Board since September 03, 2025, now therefore be it
Resolved that the Town Board does hereby approve and adopt the plans dated September 02,
2025, and the specifications and proposed contract dated September 2025, which were all filed in
the Town Clerk’s office on September 03, 2025, and authorizes the Town Clerk to advertise the
request for bids for the project, and be it further
Resolved that the Director of Engineering is authorized to make minor changes to the plans,
specifications, and proposed contract.
Moved: Seconded:
Vote:
MEETING OF THE ITHACA TOWN BOARD
September 8, 2025
TB Resolution 2025 - : Authorization to Award Contract for the King Road West Culvert and
Guiderail Replacement
Whereas the 2025 Ithaca Town Budget’s Capital Improvement Plan earmarked $445,000 for the
King Road West Culvert Repair and Guiderail Replacement , which was in addition to the funds
allocated to the project in 2024; and
Whereas the Town Board previously authorized a contract, and related contract amendments with
Barton & Loguidice, DPC for Construction Administration and Inspection Services associated with
this project in an amount not to exceed $59,100, and
Whereas pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its
implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that
approval, construction and implementation of the King Road West Culvert and Guiderail
Replacement (Project) is a Type II Action because the Action constitutes "replacement, rehabilitation
or reconstruction of a structure or facility, in kind, on the same site," and thus the Project is not
subject to review under SEQRA; and
Whereas on August 29, 2025, the Director of Engineering (Director) received bids for the Project;
and
Whereas the Director reviewed the bids and qualifications received and determined the lowest
responsive bid in the amount of $509,000.00 was made by the lowest responsible bidder, R.
DeVincentis Construction, Inc.; One Brick Avenue, Binghamton, NY 13901, and
Whereas the lowest responsive bid exceeded the remaining budgeted amount by $81,500 and an
additional contingency is recommended in the amount of $50,000.00; now, therefore be it
Resolved, that the Town Board authorizes the award of the Town of Ithaca King Road West Culvert
and Guiderail Replacement contract to R. DeVincentis Construction, Inc.; and be it further
Resolved, that the Town Supervisor is authorized to execute such contract subject to the approval of
the final contract documents by the Director and review by the Attorney for the Town; and be it
further
Resolved, that the Town Engineer is authorized to approve change orders upon receipt of appropriate
justification provided the maximum amount of such change orders shall not in the aggregate exceed
$50,000.00 without prior authorization of this Board, and provided further that the total project cost,
including contract, engineering, legal, inspection, and other expenses, does not exceed the maximum
authorized cost of $576,500.00 for the project, and be it further
Resolved, that the Town Finance Officer is authorized to transfer unexpended funds within the Part
Town Highway Fund budget as needed to complete the project.
Moved: Seconded:
Vote:
Item 9
MEETING OF THE ITHACA TOWN BOARD
September 8, 2025
TB Resolution 2025 - : Consent Agenda
Resolved that the Town Board approves/acknowledges the following consent agenda items:
a) Approval of Town Board Minutes
b) Approval of Town of Ithaca Abstract
c) Approval of Bolton Point Abstract
d) Acknowledge Southern Cayuga Lake Intermunicipal Water Commission 2026 Wage
Scale and Employee Wages
e) Setting a public hearing regarding a proposed local law creating a new Town of Ithaca
Code Chapter – “Large Scale Solar Energy Systems PILOT and Host Community
Agreements”
f) Approval of Access Agreement – 693 Coddington Rd
g) Approval of revised NYSDEC Municipal Coalition Letter
Moved: Seconded:
Vote:
TB Resolution 2025 - a: Approval of Town Board Minutes
Resolved that the Town Board approves the draft minutes of August 25, 2025, as final with any
non-substantive changes made.
TB Resolution 2025 – b: Approval of the Town of Ithaca Abstract 17 for FY 2025
Resolved that the Town Board approves payment of the following audited vouchers for the
amounts listed:
VOUCHER NOS. 2025 791 - 837
General Fund Town Wide 277,599.91
General Fund Part-Town 25,153.71
Highway Fund Town Wide DA 7,665.97
Highway Fund Part Town DB 34,182.73
Water Fund 3,028.28
Sewer Fund 13,817.82
Capital Projects 1,311.99
Risk Retention Fund 188.22
Fire Protection Fund 320,000.00
TOTAL 682948.63
TB Resolution 2025 - c: Approval of the Bolton Point Abstract
Resolved that the governing Town Board authorizes the payment of the following audited
vouchers:
Voucher Numbers: 358-404
Check Numbers: 21379-21425
Item 9
Capital Impr/Repl Project $ 53,301.91
Operating Fund $ 102,277.75
TOTAL $ 155,579.66
TB Resolution 2025 - d: Acknowledge Southern Cayuga Lake Intermunicipal Water
Commission (Commission) 2026 Wage Scale and Employee Wages
Whereas, on August 7, 2025, the Commission approved the 2026 Wage Scale and Wages for all
Commission staff, now, therefore, be
Resolved, the Town Board of the Town of Ithaca does hereby acknowledge the 2026 Wage Scale
and Wages for all Commission staff as filed in the Human Resources Office for payroll services
and civil service payroll certification.
TB Resolution 2025 - e: Setting a public hearing regarding a proposed local law – Solar
PILOTs and Host Community Agreements
Resolved that the Town Board will hold a public hearing regarding a proposed local law creating
a new Town of Ithaca Code Chapter – “Large Scale Solar Energy Systems PILOT and Host
Community Agreements” on Monday, September 29, 2025, at their meeting that begins at 4:30
p.m. at Town Hall, 215 N Tioga St., at which time anyone wishing to speak for or against the
proposed local law will be heard.
TB Resolution 2025 - f: Approval of and Authorization to Execute a Memorandum and
Access Agreement for the stabilization of a stream bank on the property of #693 Coddington
Road
Whereas, the Town’s Department of Public Works is proposing to stabilize a stream bank in the
Town’s easement along the South Hill Recreation Way that has been found to be deteriorating at
a rapid pace, and
Whereas, the proposed improvement will be located within the Town’s existing trail, however, a
memorandum and access agreement is required from the property owner of 693 Coddington Road
for temporary access to perform grading and restoration, and
Resolved, the Town Board approves the Memorandum and Access Agreement for the regrading
and stabilization of the eroding stream bank and authorizes the Town Supervisor to execute same.
TB Resolution 2025 - g: Approval of the revised NYSDEC Municipal Coalition Letter
Resolved that the Town Board approves the revisions to the NYSDEC Municipal Coalition
Letter as submitted.
To: Town Board Members
From: C.J. Randall, Director of Planning
In Brief
New York State Real Property Tax Law (RPTL) Section 487 offers renewable energy development projects a 15-year
exemption for property taxes; project eligibility is determined by the New York State Research & Development
Authority (NYSERDA). The attached draft Local Law allows the Town to capture revenue from large-scale renewable
energy installations through payment-in-lieu-of-taxes (PILOT) agreement without making solar costs prohibitive for
most homeowners and businesses.
Background
The Town enacted Zoning regulations for solar energy projects in 2006, with subsequent amendments in 2016,
2020, and 2023, with the most recent update allowing large-scale systems up to 35 acres (equivalent to about 5
MW, the size of a typical community solar project).
Local taxing jurisdictions may collect a payment in lieu of taxes (PILOT) and a host community agreement (HCA)
payment on large-scale renewable energy projects. An HCA is contract between a developer and the local
governing body of the host community, wherein the developer agrees to provide said host community with certain
benefits and mitigate specified impacts of the project. The basis of an HCA is that the community itself will incur
some negative impacts from large-scale projects – beyond only the private property owners involved in the project
– and thus should also receive benefits.
The Town’s Planning Committee reviewed and discussed proposed language on March 20, 2025, April 17, 2025,
May 29, 2025, and August 21, 2025. The proposed draft Local Law was recommended for Town Board consideration
by the Planning Committee on August 21, 2025.
Further Information
“Large-Scale Solar Webinar Series for Planners and Municipal Officials: Session 4: Community benefit agreements.”
Cornell Cooperative Extension of Tompkins County; linked at https://ccetompkins.org/energy/renewable-
energy/solar-energy/large-scale-solar-webinar-series-for-planners-and-municipal-officials
“Taxation Of Solar And Wind Energy Systems – A Primer For Local Governments.” Talk of the Towns & Topics,
July/August 2025, pg. 28-32, New York Association of Towns of the State of New York; linked at:
https://www.nytowns.org/common/Uploaded%20files/Talk%20of%20the%20Towns%20Topics%20July%20August%
2025.pdf
“Off-Site Commercial Solar Photovoltaic Policy.” Tompkins County Industrial Development Agency, adopted
February 12, 2025; linked at: https://tompkinsida.org/wp-content/uploads/2025/02/TCIDA-solar-policy-2025.pdf
Please contact me with any questions or concerns at cjrandall@townithacany.gov or 607-882-2474.
Date: August 21, 2025
Subject: Solar Payment in Lieu of Taxes (PILOT) and Host Community Agreements (HCA) draft Local Law
TOWN OF ITHACA
LOCAL LAW NO. ___ OF THE YEAR 2025
A LOCAL LAW CREATING A NEW TOWN OF ITHACA CODE CHAPTER ____
ENTITLED “LARGE-SCALE SOLAR ENERGY SYSTEMS PILOT AND HOST
COMMUNITY AGREEMENTS”
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter ___ of the Town of Ithaca Code is created with the following new Chapter
___ Large-Scale Solar Energy Systems PILOT and Host Community Agreements.
“CHAPTER ___ LARGE-SCALE SOLAR ENERGY SYSTEMS PILOT AND HOST
COMMUNITY AGREEMENTS”
ARTICLE 1
GENERAL PROVISIONS
§ XXX-1. Statutory authorization and purpose.
A. This chapter is intended to be consistent with and is enacted by the Town Board of the
Town Ithaca pursuant to its authority to adopt laws under the New York State
Constitution, the New York State Municipal Home Rule Law, the New York State Town
Law, and the New York Real Property Tax Law. It is intended and hereby declared to
address matters of local concern only and is intended to act in furtherance of the Town's
authority with respect to zoning and land use laws and its police and taxation powers,
related to large-scale solar energy facilities.
B. This chapter is adopted to ensure that the benefits of the community's solar energy
resource are available to the entire community, by promoting the installation of solar
energy generating equipment through a payment in lieu of taxes (PILOT), thereby
granting reduced development or operating costs to system developers and clean and
reduced cost energy options to residents and consumers, while mitigating environmental
and other impacts from such projects and providing a revenue stream to the entire
community.
§ XXX-2. Conflict with Other Laws.
Where this Local Law differs or conflicts with other laws, rules and regulations the more
restrictive applicable law, rule or regulation shall apply. This section shall be inapplicable
where County, State or Federal Law preempts the application of a more restrictive law, rule
or regulation, include the provisions contained in this Local Law.
ARTICLE 2
DEFINITIONS
§ XXX-3. Word Usage and Definitions.
For the purposes of this Local Law, and where not inconsistent with the context of a
particular section, the terms, phrases, words, abbreviations and their derivations defined
below shall have the meaning given in this Article. When not inconsistent with the context,
words in the present tense include the future tense, words used in the plural number include
words in the singular number. The word “shall” is always mandatory and not merely
directory.
ANNUAL PAYMENT
The payment due under a PILOT agreement entered into pursuant to Real Property Tax Law
§ 487(9).
ANNUAL PAYMENT DATE
January 1 of each year.
CAPACITY
The manufacturer's nameplate capacity of the solar energy system as measured in kilowatts
(kW) or megawatts (MW) AC.
COMMERCIAL SOLAR ENERGY SYSTEM
A solar energy system that primarily produces energy that is fed directly into the grid
primarily for off-site sale or consumption, or any solar energy system with a nameplate
generating capacity of 500 kilowatts or more. Commercial solar energy systems include
building-mounted, rooftop, and ground-mounted solar energy systems that meet or exceed
the above-stated nameplate generating capacity.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is anchored to the ground and attached to a pole or other
mounting system, detached from any other structure for the primary purpose of producing
electricity.
HOST COMMUNITY AGREEMENT
A contract between a Commercial Solar Energy System owner/developer and the Town,
whereby such owner/developer agrees to provide the community with certain benefits and
mitigate specified impacts of the solar project. A PILOT or any PILOT payments shall not be
considered or construed as part of, or as counting towards, any Host Community Agreement
needs, requirements, or payments.
NON-COMMERCIAL SOLAR ENERGY SYSTEM
A solar energy system with a nameplate generating capacity of less than 500 kilowatts that is
incidental and subordinate to another use on the same parcel and which primarily produces
energy for on-site consumption. Non-commercial solar energy systems include building-
integrated, roof-mounted and ground-mounted solar energy systems that do not meet or
exceed the above-stated nameplate generating capacity.
OWNER
The owner of the property on which a solar energy system is located or installed, or their
lessee, licensee or other person authorized to install and operate a solar energy system on the
property.
PHOTOVOLTAIC SOLAR ENERGY SYSTEM
A solar energy system that converts solar energy directly into electricity using photovoltaic
cells.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar panel system located on the roof of any legally permitted building or structure for the
purpose of producing electricity for onsite or offsite consumption.
SOLAR ENERGY EQUIPMENT
Electrical energy storage devices, material, hardware, inverters, or other electrical equipment
and conduits of photovoltaic devices associated with the production of electrical energy.
SOLAR ENERGY SYSTEM
All components and subsystems required to convert solar energy into electric energy suitable
for use. This term includes, but is not limited to, solar panels and solar energy equipment.
The area of a solar energy system includes all the land and/or structures inside the perimeter
of the solar energy system, which extends to any interconnection equipment.
ARTICLE 3
LARGE-SCALE SOLAR ENERGY SYSTEMS PILOT AGREEMENTS
§ XXX-4. PILOT required.
A. In every instance where this local law applies, the applicant shall be required to propose a
payment in lieu of taxes ("PILOT") agreement. The developer shall also comply with the
notice requirements of NYS Real Property Tax Law § 487. The applicant will then
contact the Town's legal counsel to negotiate, or start the process to negotiate, the terms
of said PILOT agreement and any Host Community Agreements, as required under
Articles II and III of this local law, as well as any provisions of the Town Code, New
York State law or regulations, or the administrative requirements or orders of ORES or
the PSC, among other state agencies and departments.
B. Any proposed solar energy system subject to review by the New York State Board on
Electric Generation Siting and the Environment pursuant to Article 10 of the New York
State Public Service Law, or the Office of Renewable Energy Siting pursuant to § 94-c of
the New York State Executive Law, shall be subject to all substantive provisions of this
local law and any other applicable provisions of the Town Code of the Town of Ithaca, in
each case only to the extent not preempted by state or federal law.
C. The owner of a property on which a solar energy system is located or installed (including
any improvement, reconstruction, or replacement thereof), shall enter into a PILOT
agreement with the Town of Ithaca consistent with the terms of this chapter, except for
1. Non-Commercial Solar Energy Systems.
2. Solar energy systems that do not seek or qualify for an exemption from real property
taxes pursuant to Real Property Tax Law § 487(4).
D. The lessee or licensee of any owner of a property required to enter into a PILOT
agreement by this section, which owns or controls the solar energy system, may enter into
the PILOT agreement on behalf of the owner of the property.
E. Pursuant to Real Property Tax Law § 487(9)(b), the Town of Ithaca hereby expresses its
ongoing intent to require a contract for PILOT for such solar energy systems, and this
chapter shall be considered notification to owners or developers of such systems and no
further action is required on the part of the Town of Ithaca with respect to the notification
requirements by the Town of Ithaca as set forth in Real Property Tax Law § 487(9)(a).
F. Nothing in this chapter shall exempt any requirement for compliance with state and local
codes for the installation of any solar energy equipment or a solar energy system, or
authorize the installation of any solar energy equipment or a solar energy system. All
solar energy systems must file a real property tax exemption application pursuant to Real
Property Tax Law § 487 to receive a tax exemption.
G. Nothing in this chapter shall act to prohibit the Town of Ithaca from also requiring a Host
Community Agreement, in accordance with its authority otherwise granted by state and
local law.
H. The Town will require a PILOT at the amount of taxes that would be due if the property
was subject to full taxation.
I. A PILOT shall not count or be considered as payment towards, or as part of, the
obligations or payments due under any Host Community Agreement. Similarly, payments
due or made, and consideration delivered, under or in relation to any Host Community
Agreement shall not count towards fulfillment of PILOT requirements or payments.
§ XXX-5. Contents of PILOT agreements.
Each PILOT agreement entered into shall include:
A. Name and contact information of the owner or other party authorized to act upon behalf
of the owner of the solar energy system.
B. The tax identification number for each parcel or portion of a parcel on which the solar
energy system will be located.
C. A requirement for not more than fifteen successive annual payments, of equal or
decreasing value, notwithstanding the provisions of Section XXX-5(D), to be paid
commencing on the first annual payment date after the effective date of the real property
tax exemption granted pursuant to Real Property Tax Law § 487.
D. The capacity of the solar energy system, and that if the capacity is increased or decreased
as a result of a system upgrade, replacement, partial removal or retirement of solar energy
equipment, the annual payments shall be increased or decreased on a pro rata basis for the
remaining years of the agreement.
E. That the parties agree that under the authority of Real Property Tax Law § 487 the solar
energy system shall be considered exempt from real property taxes for the fifteen-year
life of the PILOT agreement.
F. That the PILOT agreement may not be assigned without the prior written consent of the
Town of Ithaca, which consent may not be unreasonably withheld if the assignee has
agreed in writing to accept all obligations of the owner, except that the owner may, with
advance written notice to the Town of Ithaca but without prior consent, assign its
payment obligations under the PILOT agreement to an affiliate of the owner or to any
party who has provided or is providing financing to the owner for or related to the solar
energy system, and has agreed in writing to accept all payment obligations of the owner.
G. That a notice of this agreement may be recorded by the owner at its expense, and that the
Town of Ithaca shall cooperate in the execution of any notices or assignments with the
owner and its successors.
H. That the Town of Ithaca Town Board may establish by resolution the payment amount
and terms of PILOT agreements by developers of solar energy systems with the Town of
Ithaca or may delegate to the Tompkins County Industrial Development Agency the
authority to negotiate such agreements on behalf of the Town of Ithaca.
I. That if the annual payment is not paid when due, that upon failure to cure within 30 days,
the Town of Ithaca may cancel the PILOT agreement without notice to the owner, and the
solar energy system shall thereafter be subject to taxation at its full assessed value.
ARTICLE 4: HOST COMMUNITY AGREEMENTS
§ XXX-1 Host Community Agreements
In addition to a PILOT agreement, the applicant shall propose to the Town, on projects
involving one megawatt and above, a host community agreement benefit package for
consideration by the Town Board as part of the approval process. Once the application
package materials are deemed complete and while the Planning Board/Zoning Board of
Appeals are completing their reviews, the project/application shall be referred to the Town
Board to decide on the completion and terms of a host community agreement. This
agreement shall be in addition to a PILOT agreement.
Section 2. In the event that any portion of this law is declared invalid by a court of
competent jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Section 3. This Local Law shall take effect immediately.
DRAFT
Intermunicipal Wastewater Agreement Partners
c/o Rod Howe, Supervisor
Town of Ithaca
215 North Tioga Street
Ithaca, NY 14850
DATE
Via US Mail, and Email as available
Carol Lamb-Lafay
Acting Deputy Commissioner
Water Resources
NYSDEC
625 Broadway, 4th Floor
Albany, NY 12233
Dear Acting Deputy Commissioner Lamb-Lafay,
We write collectively as the elected leadership of the six municipal signatories to the 2003
Intermunicipal Wastewater Agreement, who are either owners of, or wastewater
contributors to, the Ithaca Area Wastewater Treatment Facility (IAWWTF). Having been
authorized by our respective legislative bodies to do so, we hereunder state our strong
opposition to the SPDES permit modifications proposed by NYSDEC on the grounds that
the assumed violations they are designed to mitigate have not been proven to exist, as
required by the TMDL process outlined in NYSDEC technical guidance, and that the
unprecedented costs associated with compliance would be financially burdensome to our
ratepayers while yielding little to no environmental benefit. We encourage the Department
to focus the State’s limited resources on mitigating the proven phosphorus and sediment-
related impairments that have been apparent for decades but that continue to persist.
Background
The Ithaca Area Wastewater Treatment Facility (IAWWTF) located at the south end of
Cayuga Lake is a 13.1 million gallons-per-day (MGD) capacity treatment plant owned and
operated by the City of Ithaca, the Town of Ithaca and the Town of Dryden. The facility also
receives sewer flow indirectly from the Village of Cayuga Heights, the Village of Lansing,
and the Town of Lansing.
DRAFT
IAWWTF owners are currently developing a long-term capital improvement project (CIP).
As originally envisioned, owners expected to retain conventional biological treatment,
while focusing on modernization and replacement of aged and failing infrastructure. The
preliminary estimate of costs related to capital improvements ranged from 60 and 100
million dollars, depending on the chosen design. Costs will be divided among owners,
based on predetermined share, with a portion offset by anticipated water quality
improvement grants. Some of the costs will eventually be proportionally passed through to
non-owner users via independently negotiated agreements.
Proposed Permit Modifications and Costs
Without any corroborative ambient water quality sampling, biological sampling, evaluation
of point and non-point sources, or scientific analysis of the assimilative capacity of the
receiving water, NYSDEC is now proposing to add SPDES permit limitations for ammonia
and nitrite, based on limited effluent data and devised using numerical standards that are
designed to ensure the “protection of aquatic life.” However, the membrane bioreactor
technology required to meet the proposed permit limits would add 100 million dollars to
the project cost, which would have an enormous, unsustainable, and unjustifiable impact
on ratepayers in the stakeholder municipalities for decades to come.
NYSDEC Technical Guidance Requires a Wholistic Pollution Control Approach
The technical guidance document cited by permit writers to underpin the Water Quality
Based Effluent Limitations (WQBEL) for nitrite and ammonia (“TOGS 1.3.1”) specifies that
WQBEL permit limits must be devised in conjunction with a TMDL process similar to the
one that was recently completed for phosphorous. By any plain reading, that process
must quantify the sources of ammonia and nitrite in the south segment of the lake (an
approximately 1.4 square-mile area south of McKinney’s Point) and determine the
segment’s ability to assimilate the substances proposed for limitation. Only then could an
alleged violation be confirmed or disproven, sources identified, and mitigation strategies
appropriately weighted.
The aforementioned TMDL for ammonia and nitrite has not been undertaken, nor
contemplated, by NYSDEC, and any analysis that relies on additional segmentation of the
lake runs counter to the Department’s own guidance for waterbody segmentation. The
“Consolidated Assessment and Listing Methodology,” published in 2023, provides a
regulatory framework for waterbody segmentation. It specifically states that “Some very
large lakes, like Lake Champlain and the Finger Lakes are segmented in multiple
assessment units based on classification.”
NYSDEC does not propose a change in “classification” in the waters surrounding the
mixing zone. Instead it proposes a tiny new waterbody segment immediately surrounding
DRAFT
the zone, and appears to be contending that the TMDL process was followed for the newly
created zone. Similarly, the “reasonable potential analysis” relied upon by NYSDEC in its
SPDES Permit Fact Sheet to indicate that statistical modeling is potentially predictive of a
violation, is itself part of the TMDL process, not a substitute for one. TOGS 1.3.1 plainly
states that “The TMDL process… provides the basis for a "reasonable potential"
analysis; that is, does the proposed discharge of a pollutant have the reasonable potential
to cause or contribute to an excursion of water quality standards. If the answer is "yes",
the TMDL process is then used to determine the WQBELs for all sources of that pollutant
to assure compliance with water quality standards.”
On a macro level, NYSDEC specifically dismissed nitrogen (nitrate) as a primary cause of
impairment in Cayuga Lake as recently as 2024 in its TMDL for phosphorus, and did not
make any recommendations regarding ammonia or nitrite. Coming to a statistically-based
conclusion that anything short of complete nitrification at a wastewater treatment plant
equals a water quality standards violation does not demonstrate that an applicable
narrative best-use-based standards violation exists.
As mentioned, the proposed permit limits are being devised with the objective of “the
protection of aquatic life.” However, there has been no corroborative biological
monitoring nor anecdotal evidence to suggest that organisms are under stress outside the
mixing zone (which, itself, has not been delineated). To the contrary, available data
indicates that annual inventories at the Cayuga Inlet fish ladder have not decreased in
population or size, and angler surveys show extremely high satisfaction with fishing in the
lake. In addition, synoptic dissolved oxygen sampling at four south-segment locations
analyzed over the past 15 years by Community Science Institute reveals that levels in the
south lake are quite high (approaching 9 mg/l) and consistent throughout the segment,
displaying no localized variation or decline at the point-source discharge monitoring
locations, generally indicating an overall healthy environment for aquatic life.
The assumptions underpinning the Department’s proposed modifications are particularly
concerning because they are purely theoretical and based on hypothetical variables such
as a dilution ratio and mixing zone dimensions that not only cannot be traced to their
mathematical origins, but have likely not been revisited since IAWWTF was rerated from 10
MGD to 13.1 MGD. It is not clear how NYSDEC would spatialize a new waterbody segment
surrounding a mixing zone without first delineating the shape or boundaries of the zone
through any quantifiable scientific processes.
Past Research Supports Retaining Conventional Treatment Technology
IAWWTF owners commissioned a comprehensive study in the mid-80’s to determine
whether its then-redesigned discharge would result in harmful levels of ammonia outside
DRAFT
the mixing zone. The study, conducted by Environmental Scientist, Liz Moran, concluded
that, “The analysis demonstrates that even under ‘worst case’ conditions, the
concentrations of un-ionized ammonia in the south end of the lake will not create toxic
conditions for fish outside of an acceptable mixing zone. Therefore, the new lake outfall of
the upgraded and rebuilt Ithaca Area Wastewater Treatment Facility is not creating
unacceptable water quality conditions."
Subsequent to the study, the plant was rerated from 10 MGD to 13.1 MGD. It is likely that
current mixing zone and dilution assumptions have not been adjusted to account for the
increase in maximum allowable flow. However, with the exception of phosphorus (which
has been greatly reduced), IAWWTF effluent parameters are similar to those that existed
during Ms. Moran’s study period. Therefore, it is reasonable to conclude that her general
findings are worth investigating today.
Conclusion
IAWWTF owners and users wholly support efforts to maintain and improve water quality in
Cayuga Lake. To that end, IAWWTF owners voluntarily invested in tertiary phosphorus
treatment in 2003, long before the TMDL for phosphorus was developed, and area
municipalities continue to collaborate to utilize vital wastewater infrastructure in an
efficient, regional approach. We urge the Department to avoid high cost-benefit-ratio
regulatory practices that would inadvertently disincentivize regional wastewater
management and encourage the proliferation of septic systems and sprawl development.
Municipalities and ratepayers encourage the efficient use of resources to advance the
goals of the TMDL for Phosphorus in Cayuga Lake, including the establishment of riparian
buffers, streambank stabilization, and greater investment in agricultural best management
practices. Given the enormous cost and questionable environmental benefit of the
potential permit modification, stakeholders will continue to advocate for the prioritization
of solving the problems that were quantified and published by NYSDEC following decades
of research, and oppose the diversion of finite assets to address issues that have either
not been identified, not been confirmed, or were dismissed outright as non-problematic
during the development of the phosphorus TMDL. We urge NYSDEC to abide by its most
comprehensive regulatory procedures, which were created to ensure implementation of,
and compliance with, state and federal environmental law.
NYSDEC must determine whether the IAWWTF discharge is causing or contributing to
water-quality standards violations related to ammonia and nitrite by following its own
TMDL process. A permit modification with a price tag of 100 million dollars, based solely
on theoretical modeling in the absence of field corroboration, mandated while known
impairments continue to go unaddressed, is environmentally questionable and financially
DRAFT
prejudicial, particularly to the many disadvantaged and underserved communities reliant
on IAWWTF.
We look forward to collaborating on thorough, sensible solutions that balance evidence-
based regulatory practices with real-world financial realities and implementation
constraints.
Respectfully,
_________________________Date:________
Robert Cantelmo, Mayor
City of Ithaca
_________________________ Date:________
Rod Howe, Supervisor
Town of Ithaca
_________________________ Date:________
Jason Leifer, Supervisor
Town of Dryden
_________________________ Date:________
Linda Woodard, Mayor
Village of Cayuga Heights
_________________________ Date:________
Ronny Hardaway, Mayor
Village of Lansing
_________________________ Date:________
Ruth Groff, Supervisor
Town of Lansing
Cc;
Amanda Lefton, Commissioner, NYSDEC
Anthony Luisi, Deputy Commissioner and General Counsel, NYSDEC
Dereth Glance, Director, NYSDEC Region 7
Monica Moss, Section Chief, North Section, NYSDEC
Thomas Vigneault, Water Resources Specialist, NYSDEC Region 7
The Honorable Anna Kelles, Assemblymember, 125th Assembly District
The Honorable Lea Web, New York State Senator, 52nd Senate District
The Honorable Kathy Hochul, Governor of New York State