HomeMy WebLinkAboutTB Agenda and Materials 2025-12-30YEAR END MEETING OF THE ITHACA TOWN BOARD
Town Hall, 215 N Tioga St.
December 30, 2025, 11:00 a.m.
For your convenience, participation is available through
ZOOM (929) 436-2866 Meeting ID 98910958241 and viewing only via YouTubeMeetingsLink
AGENDA
1. Public Hearing and consider:
a. Approval of a multi-year contract with the City of Ithaca for Emergency Response
and Fire Protection
b. Authorization to purchase approximately 137 acres on South Hill to establish Sage
Preserve
2. Consider approval of the Plant to Plant and Multijurisdictional Pretreatment Agreements
3. Consider award of contracts – Town of Ithaca 2nd Floor & Court Office Renovation
Project Construction Contracts
4. Consider approval of budget amendments and transfers
5. Consider resolutions of appreciation for:
a. Rich DePaolo
b. Margaret Johnson
6. Consider Consent agenda Items
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
c. Approval of provisional appointment of Human Resources and Finance Specialist
- Wood
d. Set public hearings for January 12, 2026 regarding proposed local laws for
Stewart and Cass Park Monetary Support; Senior/Certain Disabled Persons Tax
Exemptions, and Town of Ithaca Code definition of “ordinary high water”
e. Approval of transfer of funds to the Open Space Fund
f. Authorization of an extension of the existing contract with Barton and Loguidice,
D.P.C. for Site Design and Development Criteria Manual
g. Authorization to update contract with Taitem Engineering in support of Ithaca
Energy Code Supplement Implementation
h. Approval of designation and sale of Surplus Equipment
7. Review of Correspondence
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THIS AGREEMENT
Made as of the 1st day of January, 2026, by and between THE CITY OF ITHACA,
Tompkins County, New York, (hereinafter referred to as the “City”), party of the first part, and
THE TOWN BOARD OF THE TOWN OF ITHACA, (hereinafter referred to as the “Town”,
acting as and for the Fire Protection District of the said town.
WITNESSETH:
WHEREAS, the party of the first part is the City of Ithaca, and has under its control and
custody personnel and fire fighting equipment of the Ithaca Fire Department, and
WHEREAS, there has been duly established in said Town a fire protection district known
as “Town of Ithaca Fire Protection District”, embracing all of the territory in said Town, except
the Village of Cayuga Heights, and
WHEREAS, following a public hearing duly held pursuant to New York Town Law
§ 184, said Town was duly authorized to contract with the party of the first part for fire protection
and emergency medical service to the portion of said district hereinafter defined, upon the terms
and provisions herein set forth;
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1. Provision of Services. The City shall provide for the portions of the Town of Ithaca
Fire Protection District covered by this Agreement fire protection services and emergency
medical services equal in level, types and quality to the services the Ithaca Fire Department
provides throughout the City. The Ithaca Fire Department shall, to the best of its ability perform
its services using the methods, equipment and apparatus, numbers of personnel, timing, and
degree of skill and care ordinarily exercised under similar conditions by experienced, competent
and reputable fire departments operating in the same or similar locality at the time of
performance. The Ithaca Fire Department shall, to the best of its ability keep its facilities,
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apparatus and equipment in good working condition at all times. The City and Ithaca Fire
Department shall comply with all applicable laws and regulations in carrying out their duties
under this Agreement.
The portions of the Town of Ithaca Fire Protection District covered by this Agreement
are hereafter referred to as the “Town of Ithaca Covered Area” and are described as follows:
ALL of the Town of Ithaca, excepting the following areas:
(a) The Village of Cayuga Heights;
(b) The northeast section of the Town of Ithaca that is situated east of the east boundaries
of the Village of Cayuga Heights and the City of Ithaca, south of the Village of
Lansing/Town of Ithaca boundary, west of the Town of Dryden/Town of Ithaca boundary
and north of a line described as follows: Beginning at a point where Forest Home Drive
intersects the east boundary of the City of Ithaca with the Town of Ithaca, thence southerly
along the Town/City line approximately 250 feet to the westerly end of a dead-end service
road running behind the Botanic Gardens Horticulture Building, thence easterly along the
toe of a slope of an uphill grade to the south, crossing Judd Falls Road and Caldwell Road
and continuing easterly and southeasterly to a point along the center of the elevated grade
that runs between the Arboretum Road and New York State Route 366, thence northerly
and northeasterly to a point at the northwest corner of the parking area attached to the
former Cornell University Transit Facility, and thence northerly to the point where Forest
Home Drive crosses the boundary line between the Towns of Ithaca and Dryden.
Such southerly line is more particularly shown on the map attached as EXHIBIT A by
the dashed line running generally easterly from the Town of Ithaca/City of Ithaca
boundary to the Town of Ithaca/Town of Dryden boundary.
Generally, the intent is to exclude from the service area those buildings and properties
generally accessed from Arboretum Road and north, and to include in the service area
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those buildings and properties that are generally accessed from Tower Road, from Judd
Falls and Caldwell Roads south of Arboretum Road, or accessed from NYS Route 366,
and south.
The Cornell University Filtration Plant is excluded from the area to be serviced under this
Agreement (this exclusion being the only change in territorial coverage in this Agreement
compared to the January 1, 1995, agreement between the parties).
Notwithstanding the foregoing, those portions of the Cornell University North Campus
Residential Expansion (“NCRE”) sited within the Town are included in the area to be
serviced under this Agreement.
The parties agree that the Town may, on at least six months’ written notice to the City, and
without the approval of the City, eliminate any lands from the Town of Ithaca Covered Area,
provided, however, that such elimination shall not alter the Town’s payment to the City as set
forth in Section 5 hereof until January 1 of the year following notice of at least six months. The
Town may not add to the Town of Ithaca Covered Area without the written consent of the City.
2. Fire Hydrants.
(a) To aid in the determination of hydrant and water source locations with reference to
particular alarms, the Town shall furnish to the City the most recently available map of all areas
of the Town having hydrant service, showing hydrant locations, normal static hydrant pressure,
hydrant flows, static water sources, streets and highways, location and addresses of improved
properties with hydrants and the identity of the owner thereof. It shall be the sole responsibility
of the Town of Ithaca to provide the City with updated changes in hydrant locations, static
sources, and to the related data set forth herein, immediately as they occur. Revised maps
reflecting such changes shall be provided at least quarterly. The Ithaca Fire Department shall be
entitled to rely on such map and shall not be responsible for any inaccuracies therein.
(b) The Town of Ithaca shall perform all water system testing required by the Insurance
Services Organization (ISO), at the frequency specified. The Town will adopt and maintain the
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NFPA color coding system indicating hydrant flows.
(c) The Town of Ithaca shall provide information on any impaired hydrant or system as
soon as practicable after the Town becomes aware of the impairment, and on any new or
modified installation that does not meet minimum standards as specified by the American Water
Works Association (AWWA), the National Fire Protection Association (NFPA), or the New
York State Uniform Fire Prevention and Building Code.
(d) The Town shall maintain an inventory of replacement hydrants adequate to ensure
timely replacement of damaged hydrants when necessary.
(e) For purposes of maintenance and testing, any hydrant use by the Ithaca Fire
Department shall be according to procedures established by the Town and/or the Southern
Cayuga Lake Intermunicipal Water Commission (Bolton Point).
3. Use of Mutual Aid. The City warrants and covenants that as soon as a serious fire or
other emergency results in a situation that could potentially leave the Town of Ithaca Covered
Area without adequate coverage from the Ithaca Fire Department, the City, through its Fire
Department, shall immediately seek protection through the Tompkins County mutual aid
assistance agreement first dated September 12, 1955 and revised February 25, 2016, as it may be
further amended or renewed from time to time, which provides coverage to the Town of Ithaca
through deployment of equipment and/or personnel brought into the City or the Town of Ithaca
pursuant to the City’s request for mutual aid.
4. Term and Review.
(a) The initial term of this Agreement shall be January 1, 2026 through December 31,
2028. Unless a party gives the other party notice of intent not to renew by January 1 of the year
in which the Agreement terminates, this Agreement shall automatically renew for up to (2) one-
year terms on the same terms and conditions as those set forth in this Agreement. (For the sake
of clarity, notice of non-renewal must be given by January 1, 2028 if the Agreement will not be
renewed beyond its initial three-year term ending December 31, 2028. Notice of non-renewal
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must be given by January 1, 2029 if the Agreement will not be renewed beyond its first renewal
period ending December 31, 2029.)
(b) Upon 60 days written notice by either party of a need for a modification, the parties
may agree to re-enter negotiation for the purpose of making such change or modification as may
be agreed upon. In addition, the parties will hold a joint annual review no later than August 15, 2026,
and August 15 of each subsequent year of this Agreement. The purposes of the annual review are to
clarify any confusion in the Agreement, review expenditures, propose any changes to the Agreement
and discuss any changes in Fire Department operations and costs regarding the provision of the
services cited in this Agreement for the next year.
5. Payments by Town.
Town Law § 184(5) requires contracts for town fire protection districts to state a definite sum to
be paid each year for all of the services to be rendered thereunder. The Town shall pay the City
the following annual sums for the City’s services under this Agreement:
2026: $5,317,062
2027: $5,646,713
2028: $5,996,809
(If renewed):
2029: $6,368,611
2030: $6,763,465
The Town shall pay each annual sum in twelve (12) equal monthly payments. Each
monthly payment shall be due by the fifteenth (15th) day of that month.
The parties agree that the annual sums set forth above for 2026-2030 shall be adjusted
pursuant to the following methodology. The parties agree to amend this Agreement accordingly
and in as expeditious a fashion as possible to state the adjusted sums once they are agreed upon.
Under no circumstances shall the total amount paid by the Town in any calendar year, plus any
adjustment for that year paid in the subsequent year, exceed the Town’s share of the annual
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budgeted amount for Net Expenditures (defined in Section 5(e)(i) below and approved by the
Town in Section 6 below) without the Town’s prior written approval of any budget changes
resulting in such increase.
(a) Net Expenditures. The Town’s annual sums for the years 2026-2028 (and if renewed,
for 2029 and 2030) shall be adjusted upward or downward by the amount of any Town
underpayment or overpayment, as the case may be, for the preceding year. Each year, the Town’s
share of the preceding year’s annual Net Expenditures for the Ithaca Fire Department shall be
calculated as set forth below in Sections 5(b) et seq.
On or before the 10th of each month, the City shall supply to the Town a statement in
substantially the form annexed hereto as EXHIBIT B certified by the Fire Chief or City
Controller as being true and correct detailing the actual revenues and expenditures of the
Ithaca Fire Department for the preceding month. The actual annual Net Expenditures for a
calendar year will be determined by March 31 of the subsequent calendar year, with a
corresponding adjustment being made in the next monthly payment after the Agreement is
amended to reflect the adjustment. Any additional recommended or required adjustments
resulting from any State Comptroller’s audit, the City Controller’s report, or an independent
auditor’s report shall become the subject of review, discussion and agreement between the parties
prior to any such adjustment being reflected in any subsequent payment. This Agreement shall
be amended as soon as possible once adjustments are agreed upon to reflect all adjustments.
The City shall maintain records and accounts of all activity, income, expenses, receipts
and payments relating to the Ithaca Fire Department, which accounts shall include all of the line
items set forth in EXHIBIT B. The City, upon prior reasonable notice, shall provide the Town
and its agents access to the City’s accounting books, records, accounts, payroll documents and
facilities that are directly pertinent to this Agreement for the purposes of examining, auditing,
and inspecting all accounting books, records, work data, documents, and activities related to this
Agreement. The City shall maintain such books, records, data and documents in accordance with
generally accepted accounting principles and shall clearly identify and make such items
accessible to the Town and its agents during the City’s performance under this Agreement and
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for a period of six (6) years from the date of the Town’s final payment. The City shall permit the
Town and its agents to reproduce documents or excerpts of documents by photocopying or
electronic means, provided that the Town shall reproduce such documents on the City’s premises
unless it receives prior consent from the City to do so off-site.
The City will provide the Town with a copy of the City Controller’s annual financial
report for the Ithaca Fire Department within 120 days of the close of the calendar year unless the
time is extended by mutual written agreement. The City shall provide to the Town copies of an
annual independent auditor’s report and any State Comptroller’s audit report that includes Ithaca
Fire Department operations within 14 days of receipt of such reports. All adjustments for each
municipality’s share shall be finalized as each final report is received, subject to the parties’
review and discussion as set forth above.
Upon expiration of this Agreement or if this Agreement terminates early, instead of
applying adjustments to future payments, the adjustments shall be made in cash from one party
to the other no later than June 1 immediately following the March 31 finalization of actual costs,
and with respect to adjustments flowing from final figures as determined by the State
Comptroller, the City Controller, and/or the independent auditor, within one month of the date
of receipt of the final report from each of said persons or entities, respectively.
(b) The total taxable assessed valuation of real properties in the City shall be combined
with the total taxable assessed valuation of real properties in the Town of Ithaca Covered Area.
Such amounts are hereinafter referred to as the “Combined Taxable Assessed Valuation”. The
taxable assessed valuation of such real properties shall be determined by using the most recent
Final Assessment Roll numbers that exist prior to the calendar year in question.
(c) The portion of the Combined Taxable Assessed Valuation located within the Town of
Ithaca Covered Area shall be divided by the total Combined Taxable Assessed Valuation. The
result is referred to hereinafter as the “Town’s Percentage”.
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(d) For Net Expenditures that do not exceed the adopted budget for the preceding year,
the Town’s Percentage shall be multiplied times the Net Expenditures for the preceding year, and
the resulting figure shall be deemed the Town’s Percentage Share. The difference between the
Town’s Percentage Share and the annual sum stated above for the relevant year shall constitute
the adjustment described in this Section.
For Net Expenditures that exceed the preceding year’s adopted budget (including but not
limited to expenditures for overtime and equipment), the Town’s share and the corresponding
adjustment will be calculated by multiplying (i) the five-year rolling average of the Town’s
percentage of the total number of calls for fire and emergency medical services by (ii) the amount
by which Net Expenditures exceed the adopted budget. The Ithaca Fire Department will provide
the Town on an annual basis the total number of calls for service and the Town’s percentage of
that total. For 2026, the Town’s percentage of total calls for service is 23.7%.
(e) For the purpose of this Agreement (including Sections 5(b) through 5 (d) above) the
following terms shall have the following meanings:
(i) The term “Net Expenditures” shall mean the actual expenditures of the Ithaca Fire
Department including the items set forth in the budget discussed below, less all
revenues received by the City for Fire Department operations except for the
Town’s payments pursuant to this Agreement and except for general tax revenues
raised by City taxes. The following matters shall govern the calculation of “Net
Expenditures”:
(A) There will be included in revenues any amounts received by the City or the
Town from any contributions from any tax-exempt entity provided for fire
protection or emergency medical services, refunds, gifts, grants, state or
federal aid related to the Ithaca Fire Department, income from the sale of Fire
Department assets, code and any other inspection fees or enforcement
revenues related to services performed by Fire Department personnel, rental
income, and any other forms of income payable to the Fire Department, to the
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City, or to any other entity associated with either, for Fire Department-related
activities or expenses.
(B) Only expenses relating directly to the operation of the Ithaca Fire Department
shall be included in Net Expenditures (e.g., equipment purchase and
maintenance, building purchase, renovation or maintenance, salaries and
fringe benefits of Fire Department personnel, gasoline, supplies, and other
items directly related to the operation of the Fire Department).
(C) To the extent there is equipment or buildings that are used by the Ithaca Fire
Department and by other City departments or personnel, there shall be a
reasonable allocation of the expenses related to such equipment or buildings
between Fire Department and non-Fire Department uses, with only the portion
attributable to the Fire Department to be included when determining Net
Expenditures. Occasional use by other entities (City or otherwise) or for other
purposes such as for a polling place, SRT exercise facility, or similar
occasional uses that are not inconsistent with Fire Department use, do not
require allocation.
(D) Both parties understand that there are general City overhead expenses outside
of the internal Ithaca Fire Department administrative services that are required
to operate the Fire Department. These include expenses from the City
Manager’s Office, City Controller’s Office, Department of Public Works,
Department of Information and Community Engagement, City Chamberlain’s
Office, City Attorney’s Office, and Human Resources Department. These and
other such expenses shall be considered administrative fees. The Town shall
pay the City Three Hundred Thirty Thousand Dollars ($330,000) for its share
of such administrative fees for the year 2026. The administrative fees are
included in the annual sums listed for the years 2026-2030 at the beginning of
Section 5, and the Town shall pay the City this fee in equal installments on a
monthly basis as part of its annual sum payments. For each year after 2026, the
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Town’s share of the administrative fees to be included in the annual sum shall
be calculated by multiplying 6.617% by the Town’s Percentage Share (defined
in Section 5(d) above) of that year’s budgeted Net Expenditures for the Ithaca
Fire Department.
(E) In addition to the amounts included in Net Expenditures pursuant to
subparagraphs (A) through (D) above and subject to the provisions of
subparagraphs (F) through (H) below, there shall be included in Net
Expenditures any required debt service payments related to equipment and/or
buildings dedicated solely to Ithaca Fire Department use, provided that the
debt service relates to bonds or notes issued for a period equal to the period
of probable usefulness for the capital item as determined by the Local Finance
Law of the State of New York (presently Section 11.00 of such Local Finance
Law), unless the Town consents to a shorter period.
(F) No depreciation shall be included in the calculation of Net Expenditures.
(G) Net Expenditures include (I) actual expenses incurred by the City, and not
reimbursed from bonds or other forms of debt, to pay for equipment (including
capital renovations to existing equipment) and improvements (including
renovations or additions to the Town and City fire stations) and (II) the debt
service expenses (principal and interest payments) during the year for any debt
incurred to pay for equipment or improvements.
It is the intention that if equipment is purchased and paid for in cash during
the year, the entire cost of the equipment shall be included in Net
Expenditures. If equipment is purchased and paid for by financing over a
period of years, only the portion of debt paid during the year shall be
considered as part of Net Expenditures. There is included in Net Expenditures
any debt service during the year in question related to purchases or
construction in earlier years of this or any preceding contract, provided that
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no purchases or construction incurred earlier than 1989 shall be so included.
(H) Expenditures out of grants received for purposes that would not otherwise be
authorized expenditures under the terms of this Agreement may nevertheless
be included in Net Expenditures up to the amount of grant revenues received
to cover such expenditures.
(ii) The term “budget” means the budget prepared and formatted as set forth in this
Agreement in the form attached as EXHIBIT B with review by the Town, which
includes the revenues and expenditures authorized for inclusion by the terms of
this Agreement as the same is adjusted in each succeeding year as set forth herein
to reflect the actual expenses and revenues of each year.
6. Review of Operating Budget. The City agrees to provide the Town with the budget
proposed to the City Manager by the Ithaca Fire Department by September 1 of each year, and
the City Manager’s proposed budget by the first Wednesday of October in each year. The form
of the budget shall include, at a minimum, all of the line items set forth in the Year 2026 budget
summary attached as EXHIBIT B. The Town Board shall have the opportunity to provide input
to the City Manager and Council during the balance of the budget deliberation process. The
Town shall be notified of, and have the opportunity to attend and participate in, the Common
Council budget meetings which may be held to review and approve the Ithaca Fire Department’s
capital and operating budgets. The City shall provide notice of such meetings as soon as they are
scheduled.
7. Approval of Capital Budgets. The City agrees to provide the Town with the capital
improvement budget requests proposed to the City Manager by the Ithaca Fire Department by
September 1 of each year, and the City Manager’s proposed budget by the first Wednesday of
October of each year. The parties agree that capital renovations in excess of $100,000 per project
or aggregating in excess of $200,000 per annum, and new station construction, shall be
accomplished within a capital budget for each project. The budgets shall be approved by the
appropriate governing body of each municipality prior to commitments for construction or
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financing of any of such projects by the City. For the purposes of this Agreement a “capital”
expenditure or renovation shall mean any improvement of a capital nature having a period of
probable usefulness set forth in Section 11.00 of the Local Finance Law.
(a) The replacement schedule for "heavy apparatus," e.g. engines, aerial ladders, and light
rescues, shall be based upon a 15 year useful life. The replacement of Heavy Rescue shall be
based upon a 20 year useful life.
(b) EXHIBIT C shall project for the succeeding 15 years the proposed replacement
schedule for fire apparatus costing in excess of $100,000 per vehicle.
8. Payment of Fire Department Expenses. No Ithaca Fire Department expenses shall be
paid out of any of the funds paid by the Town hereunder except in accordance with established
City procedures authorized by the Common Council. No payments out of any funds paid by the
Town hereunder shall be authorized in any budget line in excess of the total amount of the Fire
Department Budget until the budget has been adjusted in accordance with procedures for budget
adjustments authorized by the Common Council or as otherwise provided by law. Without
limiting any other remedy of the Town, if payments are made in violation of this provision, the
Town may withhold future installments until there is compliance with this provision.
9. Fire Stations in Town, Manner of Title, Lease, Reimbursement. Title to the land for
the existing fire stations located on South Hill at 965 Danby Road and West Hill at 1240
Trumansburg Road in the Town was taken in the name of the Town and then leased by the Town
to the City by a Lease Agreement dated July 14, 1989, currently pending modification and
renewal, attached hereto as EXHIBIT D. The Lease Agreement, as it may modified and renewed,
contains further relevant provisions about these fire stations. The parties agree that the terms of
the Lease Agreement shall continue to govern until such time as this Agreement expires or the
Lease Agreement is modified or renewed.
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10. Insurance.
(a) The City as the lessee of the real property underlying the South Hill (Station 5) and
West Hill (Station 6) fire stations shall provide adequate property insurance coverage for the
property and buildings during the duration of the lease. The cost of the insurance shall be
included in the annual operating budget of the Fire Department. The City shall name the Town
as an additional insured on said coverage. Proof of such coverage is set forth as EXHIBIT E,
and such coverage shall be maintained throughout the term of this Agreement.
(b) The City shall also procure and maintain the following insurance coverages with
limits of liability not less than the limits specified. Except for collision and comprehensive and
workers’ compensation and disability coverage, insurance coverages shall not be provided by
self-insurance.
(i) Commercial General Liability: including Premises/Operations, Contractual
Liability, Products/Completed Operations, Personal Injury and Broad Form
Property Damage--Occurrence Form required. The Town of Ithaca and its
officers, employees, board members, agents and elected officials are to be
included as Additional Insureds with respect to fire protection and other related
services rendered to the Town.
Each Occurrence: $ 1,000,000
Products/Completed Operations Damage Limit: $ 10,000,000
Personal and Advertising Injury Limit: $ 1,000,000
General Aggregate Limit: $ 10,000,000
Damage to Rented Premises (each occurrence): $ 100,000
Medical Expense: $ 5,000
(ii) Automobile Liability: $1,000,000 - Any Owned, Hired and Non-Owned
Autos. The Town of Ithaca and its officers, employees, board members, agents
and elected officials are to be included as Additional Insureds with respect to fire
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protection and other related services rendered to the Town.
(iii) Umbrella Policy: $5,000,000 – Occurrence Form Required. Must state
Follow Form of General Liability and Automobile Liability Policies. Statement
regarding Follow Form coverage must be on certificate of insurance.
(iv) Additional Specifications: All insurance shall be written with insurance
carriers licensed by the State of New York Insurance Department and have an
AM Best’s Rating of A XI or better. Prior to the execution of this Agreement
and throughout the term of the Agreement, the City shall furnish the Town with
written evidence from its insurer(s) of the insurance coverage described herein
through use of certificates of insurance acceptable to the Town. Broker signature
is not acceptable. All certificates shall contain a thirty (30) day notice of
cancellation, non- renewal or material change to the Town of Ithaca. The City
shall not take any action to cancel or materially change any of the insurance
required under this Agreement without the Town’s prior written approval of such
cancellation or change. The foregoing insurance coverage is not intended to nor
does it limit the liability of the City to hold the Town harmless.
(v) Proof of the coverage required by this subparagraph b is set forth as
EXHIBIT F and such coverage shall be maintained throughout the term of this
Agreement.
11. Equipment Reimbursement. Upon termination of the Agreement for any cause the
Town shall be entitled to receive 32.3% of those items of equipment which originally cost
$25,000.00 or more, or 32.3% of the dollar value of such equipment purchased by the City during
the term of this Agreement reduced by the depreciation on such equipment. For this purpose
equipment so purchased shall be depreciated on a straightline basis over fifteen years assuming
a 20% residual value. To the extent feasible the equipment to be transferred to the Town will
be the equipment located in the stations located within the Town. Such conveyance shall be by
such appropriate documentation such as bills of sale, vehicle registration, etc. as may be
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reasonably required by the attorneys for the Town. If the City fails to transfer such items, the
Town may seek specific performance in addition to any other remedies available to the Town
under law or equity.
Notwithstanding the foregoing, if the City terminates the Agreement pursuant to Section 21
because the Town has not authorized payment of a Town share of Net Expenditures that exceed
an approved budget, the Town’s financial interest in the equipment described above shall be
reduced by the amount of the unpaid share.
12. INTENTIONALLY OMITTED.
13. Staffing Levels. As of December 1, 2025, the number of paid career personnel in the
Ithaca Fire Department used as a basis for determining shared costs under this Agreement is 54
permanent firefighters, eight lieutenants, six assistant chiefs, one deputy chief, one fire chief, one
administrative assistant, and one administrative coordinator, for a total of 72 positions. In the event
that the City proposes to approve additional positions, such positions must be approved in writing
by the parties hereto and made an amendment to this Agreement in order to be considered as a
shared cost. Should the City choose to add any positions which are not approved in writing by the
Town, all costs relating thereto will be borne solely by the City. Should the Town request the
addition of any paid positions or paid career personnel which are not approved in writing by the
City, all costs relating thereto will be borne solely by the Town. Unless the Town agrees in writing
to a lesser level of staffing, the City agrees that each of the two fire stations located in the Town
of Ithaca will be staffed in the same manner as individual stations in the City.
14. Town Inclusion in Fire Department Governance.
(a) Updates. The Fire Chief shall, by email or in hard copy, provide to the Town quarterly
written updates regarding substantial fiscal or operational issues as to which new information
(since the previous written update) may usefully be provided. The Fire Chief shall additionally
provide such oral updates to the Town as and when reasonably requested.
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(b) Fire Chief Search Committee. On such occasions as the City is establishing a search
committee pursuant to Section C-26 of the City Charter for appointment of the position of Fire
Chief, an appropriate representative of the City shall provide the Town with written notice of the
same, and thereafter the City Manager of the City shall appoint as a nonvoting member of the
search committee one designee of the Town from two names recommended by the Town Board
of the Town of Ithaca, provided, however, that the Town may initially recommend one name if
that name subsequently proves satisfactory to the City Manager. In the event that a Town-
recommended nonvoting member of the search committee has not been appointed by the City
Manager, the search committee may begin its work subject to that member joining the search
committee as soon as appointed, said appointment not to be unreasonably delayed.
The Town-recommended member of the search committee shall maintain the confidentiality of
information obtained during the search process to the same standard and requirements as other
members of the search committee.
(c) Strategic Planning. On such occasions as the City is establishing a formal Strategic
Planning committee specific to the Fire Department, the City shall provide a Town designee with
a seat on that Committee according to the same procedures and requirements as specified in the
immediately preceding subsection (b).
15. Indemnity. To the maximum extent permitted by law, the City shall defend,
indemnify, and hold the Town, its elected officials, public officers, employees, boards and agents
harmless from all damages, losses, claims, actions and lawsuits by third parties (including those
asserted or brought by Ithaca Fire Department employees and volunteers) for personal injury,
death, property damage (including loss of use), contamination of or adverse effects to the
environment, or other damages or losses caused by or claimed to be caused by, or arising from
or claimed to arise from, the City’s answering of calls for fire protection or emergency medical
services in the Town or other provision of services related to this Agreement, or arising out of
this Agreement in any other way. Such indemnity shall include settlements and reasonable costs
of defending such claims, including attorney’s fees. To the extent the Town is negligent, the
City’s indemnification shall not extend to the proportion of loss attributable to the Town's
Page 17 of 25
negligence. The City’s indemnification also shall not extend to the proportion of loss attributable
to the Town's negligence in the event of payments to injured firefighters or representatives of
deceased firefighters under the Workers Compensation Law, General Municipal Law, or other
New York statutes, where the aforementioned laws allocate liability to the Town for such
payments. The obligation to indemnify shall survive termination of this Agreement whatever
the cause of such termination. Indemnification shall be provided for all acts, failures to act, or occurrences
occurring during the term of this Agreement. The City shall provide such indemnification for any claims
made with respect to actions by the City prior to the termination of this Agreement even if the claim itself
is not made until after termination of the Agreement.
16. Exculpation. Nothing herein contained shall be deemed to limit in any lawful way
any lawful right of the City, the Town, or any member of the Ithaca Fire Department provided
by the general statutes of the State of New York, provided that this provision shall not be deemed
to abrogate or modify any rights or obligations provided for in this Agreement.
17. Authority of Chief. It is specifically understood and agreed that the number of
personnel, the amount and type of apparatus and equipment dispatched in answer to a fire call or
to an emergency medical services call, the manner of fighting the fire, or handling the medical
services, and other operations upon the scene of the fire or medical emergency, are matters within
the judgment of the Fire Chief of the City of Ithaca Fire Department (the “Chief”) or the Chief's
designees. The City and its officers shall use sound professional judgment based on generally
accepted standards in the provision of its fire protection, emergency medical, emergency, and
non-emergency services provided pursuant to this Agreement. The word “Chief” shall mean the
person duly appointed to that office in the Ithaca Fire Department by the City Manager of the
City.
18. Payment of Moneys from Foreign Insurance Companies. The payment by the Town
to the City of moneys collected by or received from foreign insurance companies writing property
insurance in the Town of Ithaca Fire District for the benefit of the active firefighters serving the
Town of Ithaca Covered Area shall be governed by a separate agreement between the parties.
Page 18 of 25
19. Audits. The Town reserves the right to cause an audit of City accounts related to this
Agreement on demand. If an overpayment error equal to or exceeding 5% of the Town’s share
is not found after final settlement of the preceding year, such audit shall be done at the expense
of the Town. If an overpayment error equal to or exceeding 5% of the Town’s contract share is
found after final settlement of the preceding year, the City shall pay for such audit. (An
overpayment error in this context is defined as a calculation of the Town’s contribution that
resulted, or would have resulted, in an overpayment by the Town.)
20. Building Code and Parking Enforcement. The parties agree that each party shall
have the respective rights, obligations, and duties with respect to enforcement of the Uniform
Fire Prevention and Building Code set forth herein.
(a) The Town of Ithaca shall provide to the Ithaca Fire Chief reports of all fire safety
inspections conducted on premises within the Town of Ithaca Covered Area.
(b) The Town of Ithaca shall provide the Ithaca Fire Department Chief or designee the
opportunity to review all plans and proposals requiring Fire Department access and to make
recommendations to the Town’s Director of Code Enforcement as to whether the Town should
approve such proposed Fire Department access.
(c) The City’s issuance and prosecution of tickets for fire lane and handicapped parking
violations in the Town shall be governed by a separate agreement between the parties.
21. Termination and Dispute Resolution.
(a ) Notwithstanding any other provision contained herein, either party may terminate
this Agreement by giving written notice of such intention to terminate to the other party to be
received by the other party at least one full calendar year prior to the date of intended termination.
If the Town is the terminating party, it must hold a public hearing pursuant to New York Town
Law § 184(8) before it gives written notice of its intention to terminate.
(b) If a party alleges that the other party is in breach of this agreement, or if the Town
Page 19 of 25
notifies the City that the Town will not authorize payment of a share of Net Expenditures that
exceed an approved budget, the City Manager and Town Supervisor shall meet to discuss the
matter within fourteen days after one party notifies the other party that they wish to invoke this
provision. If the City Manager or Town Supervisor are not satisfied with the meeting’s outcome,
then upon the written request of either party, the matter shall be referred to a mutually agreed-on
mediator for non-binding mediation, with the cost borne equally by the parties. If such mediation
does not produce a mutually acceptable resolution, a party may thereafter terminate this
Agreement upon the shorter of (a) six months’ notice running from the termination of the
mediation process, or (b) nine months’ notice running from the date of the initial meeting between
the City Manager and Town Supervisor pursuant to this subparagraph ii.
22. Written Notice. Where notification is required by this Agreement to be given to a
party, it shall be in writing and shall be delivered to the Town Supervisor (if the notice is to the
Town), or the Ithaca Fire Department Fire Chief (if the notice is to the City), with delivery by
hand, certified mail, a commercial courier service, or email with read receipt confirmation to the
other party at the addresses below or such other address as is hereafter designated in writing by
that party. Notice of a change of address must be made in the same manner as other notices.
Notices shall be deemed given when they are received.
Notices to the City are to be addressed to:
Ithaca City Manager
108 East Green Street
Ithaca, New York 14850
Email: citymanager@cityofithaca.org
Ithaca Fire Department Fire Chief
108 East Green Street
Ithaca, New York 14850
Email: ithacafire@cityofithaca.org
Page 20 of 25
with a copy to:
Ithaca City Controller
108 East Green Street
Ithaca, New York 14850
Email: wcole@cityofithaca.org
Ithaca City Attorney
108 East Green Street
Ithaca, New York 14850
Email: attorney@cityofithaca.org
Notices to the Town are to be addressed to:
Ithaca Town Supervisor
215 N. Tioga Street
Ithaca, New York 14850
Email: RHowe@townithacany.gov
with copies to:
Ithaca Town Finance Officer
215 N. Tioga Street
Ithaca, New York 14850
Email: Finance@townithacany.gov
Ithaca Town Clerk
215 N. Tioga St.
Ithaca, New York 14850
Email: clerks@townithacany.gov
Page 21 of 25
23. Workers Compensation and Disability Insurance. If the City ceases to self- insure for
workers’ compensation and/or disability coverage, the City shall present to the Town proof that
the City provides the levels of workers’ compensation and/or disability coverage required by the
State of New York.
24. Independent Contractor. The City will be at all times an independent contractor and
not an agent for the Town. The City shall be fully responsible for all acts and omissions of its
employees, volunteers, subcontractors, and suppliers, and specifically will be responsible for
sufficient administration and supervision to ensure compliance in every respect with the
Agreement requirements. There will be no contractual relationship between any subcontractor or
supplier and the Town by virtue of this Agreement with the City. No provision of the Agreement
will be for the benefit of any party other than the Town and City. The City, and not the Town, is
the employer of its employees and is responsible for their wages, hours, benefits, worker's
compensation, social security, and all other incidents of employment.
25. No Assignment. This Agreement may not be assigned by the parties.
26. Binding Nature of Agreement. This Agreement is binding upon the parties and their
respective representatives and successors.
27. Governing Law, Jurisdiction, and Enforcement. This Agreement is made in New
York, and shall be construed under the laws of the State of New York without regard to, or the
application of, New York State’s choice of law provisions. Both parties consent that if any action
is brought to enforce this Agreement, it shall be brought in an appropriate Court in Tompkins
County, New York, and both parties consent to the jurisdiction of such court.
28. Entire Agreement. This Agreement constitutes the entire agreement between the
parties and supersedes any and all prior written or oral agreements, negotiations or
understandings, existing between the parties. This Agreement may be amended only by written
Page 22 of 25
instrument signed by each party and only after the Town holds a public hearing pursuant to New
York Town Law § 184(8) and after the City follows relevant City and/or state laws and
procedures.
29. Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating responsibility or liability between the City and the Town
shall survive the completion of services hereunder and the termination of this Agreement.
30. Severability. If any provision of this Agreement is deemed to be invalid or inoperative
for any reason, that part may be modified by the parties to the extent necessary to make it valid
and operative, or if it cannot be so modified, then it shall be deemed severed, and the remainder
of this Agreement shall continue in full force and effect as if this Agreement had been signed
with the invalid portion so modified or eliminated.
The parties’ duly authorized officers have executed this Agreement as of the day(s) and year shown
below.
[SIGNATURES IMMEDIATELY FOLLOW]
Page 23 of 25
CITY OF ITHACA
______________________________________ ________________
Dominick Recckio, Acting City Manager Date
APPROVED AS TO FORM
______________________________________ ________________
Robert G. Cantelmo, Mayor Date
______________________________________ ________________
Victor Kessler, City Attorney Date
______________________________________ ________________
Wendy Cole, Acting City Controller Date
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS.:
On the ______ day of ______________ in the year 2025 before me, the undersigned, personally
appeared Dominick Recckio, Acting City Manager, personally known to me or proved to me on
the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that by his
signature on the instrument, the individual, or the person upon behalf of which the individual acted,
executed the instrument.
_______________________________
Notary Public
Page 24 of 25
TOWN OF ITHACA TOWN BOARD
______________________________________ ________________
Rod Howe, Town Supervisor Date
______________________________________ ________________
Richard DePaolo, Town Board Member Date
______________________________________ ________________
Pamela Bleiwas, Town Board Member Date
______________________________________ ________________
Susie Gutenberger, Town Board Member Date
______________________________________ ________________
Margaret Johnson, Town Board Member Date
______________________________________ ________________
Eric Levine, Town Board Member Date
______________________________________ ________________
Rob Rosen, Town Board Member Date
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS.:
On the ______ day of ______________ in the year 2025 before me, the undersigned, personally
appeared Rod Howe, Supervisor of the Town of Ithaca, Richard DePaolo, Town Board Member,
Pamela Bleiwas, Town Board Member, Susie Gutenberger, Town Board Member, Margaret
Johnson, Town Board Member, Eric Levine, Town Board Member, and Rob Rosen, Town Board
Member, personally known to me or proved to me on the basis of satisfactory evidence to be the
Page 25 of 25
individuals whose names are subscribed to the within instrument and acknowledged to me that
they executed the same in their capacities, and that by their signatures on the instrument, the
individuals, or the person upon behalf of which the individuals acted, executed the instrument.
_______________________________
Notary Public
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: DECEMBER 23, 2025
RE: 137 ACRE ACQUISITION ON SOUTH HILL (SAGE PRESERVE)
AUTHORIZE PURCHASE
As you may recall, 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 and survey 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 maintains 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.
On December 16th, the Town Planning Board approved the 2-lot subdivision to create the 34-
acre parcel that the landowners will retain (containing the existing residence) and the 48 -
acre vacant parcel that the Town will acquire.
For the Board’s consideration is the proposed authorizing resolution for the purchase of the
137 +/- acres by the Town and allowing the Town Supervisor to execute all the required
documents. Since the Town’s portion of the funding is coming from the Town’s Parks,
Recreation & Open Space Plan Account, which requires a permissive referendum, this
resolution will only take effect upon either the passage of 30 days from the date of this
resolution if no qualifying petition is submitted or upon a vote approving the proposition
upon referendum if a qualifying petition is submitted.
Please contact me at 607-273-1721 (ext. 123) or email me at msmith@townithacany.gov if
you have any questions prior to the December 30th meeting.
Example of one of the Existing Trails (07/20/2023)
MEETING OF THE ITHACA TOWN BOARD
Tuesday, December 30, 2025
TB Resolution No. 2025 - : Authorization to purchase approximately 137 acres on
South Hill (Sage Preserve)
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 a purchase 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 was signed in September
2025, and
Whereas, this is an Unlisted Action for which the Town of Ithaca Town Board is acting in an
uncoordinated environmental review with respect to this action and made a negative
determination of environmental significance on July 24, 2023, and
Whereas, the Town Board held a duly noticed public hearing on December 30, 2025 to consider
comments from the public regarding the proposed acquisition of approximately 137 acres for a
new preserve;
Now, therefore, be it
Resolved, that the Town Board of the Town of Ithaca hereby authorizes the acquisition of
approximately 137 acres on South Hill (Town of Ithaca Tax Parcel No.’s 44.-2-10, 45.-1-2.2 and
a portion of 45.-1-1.2) from Tessa Sage Flores and Ird Goldstein; and it is further
Resolved, that the Town Board of the Town of Ithaca authorizes the payment to Tessa Sage
Flores and Ira Goldstein of $508,650 (includes $50,000 from Park Foundation, $200,000 from
Tompkins County, and $258,650 from the Town of Ithaca) for such property upon closing the
transfer, receipt of the executed deed, and approval of the attorney for the Town of the title to
such property; and it is further
Resolved, that payment of said funds are to be made from the Town’s Parks, Recreation & Open
Space Plan Account; and it is further
Resolved, that the Town pay the incidental costs (recording fees and other similar expenses) as
incurred in order to complete such closing; and it is further
Resolved, that the Town Supervisor is hereby authorized to execute the necessary documents on
behalf of the Town; and it is further
Resolved, that pursuant to General Municipal Law Section 6 (c), this resolution is subject to a
permissive referendum in accordance with Article 7 of the Town Law (payment of funds are to
be made from the Town’s Parks, Recreation & Open Space Plan Account, which is a reserve
fund), and the Town Clerk is directed to publish and post a notice of adoption of this resolution,
within ten days of its adoption, together with a copy or an abstract of the resolution and a notice
stating it is subject to a permissive referendum.
Moved:
Seconded:
Vote:
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L5 N 17°38'12" W 60.00'
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128.48'
94.88'
200.00'
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20
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3
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WARNING
ALTERATION OF THIS MAP NOT
CONFORMING TO SECTION 7209,
SUBDIVISION 2, NEW YORK STATE
EDUCATION LAW, ARE PROHIBITED
BY LAW. ALL CERTIFICATIONS
HEREON ARE VALID FOR THIS MAP
AND COPIES THEREOF ONLY IF SAID
MAP OR COPIES BEAR THE IMPRESSION
SEAL OF THE LICENSED LAND SURVEYOR
WHOSE SIGNATURE APPEARS HEREON.
SUBDIVISION MAP
TESSA SAGE FLORES & IRA GOLDSTEIN
DATE:
10/16/2025
TITLE:
1"=150'
SCALE:
REVISED
S25887
and that I found no visible encroachments either way
No. 051180, and that this map correctly delineates an
actual survey on the ground made by me or under my direct
I hereby certify to
that I am a licensed land surveyor, New York State License
CERTIFICATION
supervision;
SIGNED: DATED:
across property lines except as shown hereon.
NOTES:
1.) THIS SURVEY MAP PREPARED WITHOUT BENEFIT OF AN ABSTRACT
OF TITLE PROVIDED, SUBJECT TO ANY STATE OF FACT THAT AN
UPDATED ABSTRACT OF TITLE MAY SHOW.
2)THIS STREAM IS SUBJECT TO TOWN OF ITHACA ZONING PROVISIONS
REGARDING STREAM SETBACKS, AND RESTRICTIONS AND SETBACKS
ON DEVELOPMENT, SOIL DISTURBANCE, VEGETATION REMOVAL, AND
OTHER ACTIVITIES APPLY
PARCEL C
TOTAL AREA=136.79 ACRES NET TO RD. R/W
PART OF TAX MAP No. 45-1-1.2
TAX MAP No. 44-2-10
TAX MAP No. 45-1-2.2
PARCEL A
AREA=34.05 ACRES NET TO RD. R/W
PART OF TAX MAP No. 45-1-1.2
PARCEL B
AREA=5.46 ACRES NET TO RD. R/W
TAX MAP No. 45-1-1.1
TITLE INFORMATION
TO BE CONVEYED TO TOWN OF ITHACA AND CONSOLIDATED
TESSA SAGE FLORES
DEED BOOK 689 PAGE 171
TESSA SAGE FLORES
TO BE RETAINED BY FLORES
PART OF DEED BOOK 617 PAGE 440
TESSA SAGE FLORES
TO BE RETAINED BY FLORES
PART OF DEED BOOK 617 PAGE 440
DEED BOOK 744 PAGE 205
IRA GOLDSTEIN AND TESSA SAGE FLORES
TESSA SAGE FLORES
PART OF DEED BOOK 728 PAGE 50
MAP REFERENCES:
1)"FINAL SUBDIVISION MAP WESTVIEW SUBDIVISION..." DATED 6/22/2004 BY T.G. MILLER P.C.
2.)"ESTATE OF MARK WALDO HAAG..." DATED 7/16/2001 BY T.G. MILLER P.C.
3.)"SURVEY MAP OF WALDORF SCHOOL OF THE FINGER LAKES..." DATED 11/30/2006 BY T.G. MILLER P.C.
4.)"SUDVISION PLAT CHASE FARM SUBDIVISION PHASE TWO..." DATED 10/1/1992 BY GEORGE SCHLECHT.
5.)"RESURVEY MAP LANDS OF DAVID & ANNE HARRIS..." DATED 6/4/2012 BY MICHAEL REAGAN.
6.)"FINAL PLAT OF CHASE FARM SUBDIVISION PHASE ONE..." DATED 1/9/1989 BY GEORGE SCHLECHT.
7.)"LANDS OF JERZY ZAPALA & ZOFIA M. ZAPALA...." DATED 6/12/2008 BY STOCKWIN SURVEYING.
8.)"LANDS OF IRA GOLDSTEIN & TESSA SAGE FLORES..." DATED 4/26/1996 BY STOCKWIN SURVEYING.
9.)"SURVEY FOR GUSTAV A. SWANSON..." DATED 8/4/1966. REVISED 10/10/1983 BY CARL CRANDALL.
10.)"MAP OF PORTION OF LEGRAND CHASE FARM ON SINCEBAUGH ROAD...." DATED 3/18/1950 BY CARL CRANDALL.
11.)"RESURVEY FOR D.KIM & JANE F. DUNNICK..." DATED 12/2/1992 BY GEORGE SCHLECHT.
12.)"SURVEY FOR RICHARD A. & ANNE R. NEWHART..." DATED 3/6/1990 GEORGE SCHLECHT.
13.) "SURVEY MAP SHOWING LANDS OF TESSA SAGE FLORES LOCATED ON COMPTON ROAD & EAST KING ROAD
RIDGECREST ROAD..." DATED 3/7/2016 BY T.G. MILLER, P.C.
INSTRUMENT NO. 2022-10301
T.G. MILLER, P.C .
ENGINEERS AND SURVEYORS
605 WEST STATE STREET, SUITE A
ITHACA, NEW YORK 14850
WWW.TGMILLERPC.COM
607-272-6477
SHOWING LANDS OF
TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK
LOCATED ON COMPTON ROAD & EAST KING ROAD
& RIDGECREST ROAD
10/16/2025
LEGEND
-COMPUTED POINT
-IRON PIPE FOUND
-PIN SET WITH CAP
-UTILITY POLE
-FENCE & HEDGE
-TELEPHONE PEDESTAL
-IRON PIN FOUND
NO
R
T
H
P
E
R
G
N
S
S
TOWN OF ITHACA,
TESSA SAGE FLORES & IRA GOLDSTEIN,
THALER & THALER, P.C.,
MILLER MAYER LLP.
Item 2
MEETING OF THE ITHACA TOWN BOARD
December 8, 2025
TB Resolution 2025 - : Approval of and Authorization for Supervisor to Sign the Plant to
Plant Agreement and Multijurisdictional Pretreatment Agreement between the City of
Ithaca, Town of Ithaca, Town of Dryden and Village of Cayuga Heights relating to Sewer
Flows from Cayuga Heights through the Kline Road Bypass.
Whereas, the Ithaca Area Wastewater Treatment Facility (IAWWTF), which is owned and
operated by the three IAWWTF Owners, treats municipal wastewater originating from the City
and Town of Ithaca, as well as portions of the Town of Dryden, pursuant to a Joint Sewer
Agreement dated December 31, 2003, as it may be amended; and
Whereas, the Village of Cayuga Heights Wastewater Treatment Plant (VCHWWTP), which is
owned and operated by the Village of Cayuga Heights, treats municipal wastewater from the
Village of Cayuga Heights as well as portions of the Towns of Ithaca, Dryden, Lansing, and the
Village of Lansing under the terms of individual agreements with the Village of Cayuga Heights
and their respective sewer use laws and ordinances; and
Whereas, the four municipalities believe that it is in their best interests to make full use of
existing community assets before building new or expanding existing facilities, provided any
proposed agreement makes allowance for future demands within those municipalities during the
agreement period, and that the costs are distributed in accordance with the benefits received,
including avoided costs; and
Whereas, because their mission is to serve the aforementioned municipalities, there is a history
of cooperation between the owners of the two wastewater treatment plants focused on protecting
the environment by cooperating in the treatment of sewage; and
Whereas, the municipalities’ Intermunicipal Wastewater Agreement dated December 31, 2003,
endorses the concept of the Village of Cayuga Heights’ utilization of excess IAWWTF capacity
to leverage the efficient treatment of waste without causing an environmental emergency and/or
to comply with DEC point discharge regulations; and
Whereas, the IAWWTF Owners must implement and enforce a pretreatment program to control
discharges from all IAWWTF industrial users pursuant to requirements set out in 40 CFR Part
403; and
Whereas, the Village of Cayuga Heights agrees to adopt a sewer use law that subjects the industrial
users within its boundaries, whose wastewater discharges are capable of flowing to the IAWWTF,
to the necessary pretreatment controls, and to implement and enforce that sewer use law; now,
therefore, be it
Resolved, that the Ithaca Town Board authorizes the Supervisor to sign the (A) Plant to Plant
Agreement Between City of Ithaca, Town of Ithaca, Town of Dryden and Village of Cayuga
Heights, and (B) Multijurisdictional Pretreatment Agreement Between City of Ithaca, Town of
Ithaca, Town of Dryden and Village of Cayuga Heights, subject to approval from the Attorney
Item 2
for the Town, and contingent on approval of both Agreements by the City of Ithaca, Town of
Dryden and Village of Cayuga Heights.
Moved: Seconded:
Vote: ayes -
MULTIJURISDICTIONAL PRETREATMENT AGREEMENT
BETWEEN
CITY OF ITHACA, TOWN OF ITHACA, TOWN OF DRYDEN AND
VILLAGE OF CAYUGA HEIGHTS
This Agreement is entered into this day of December 31, 2025, between the City
of Ithaca, Tompkins County, New York, Town of Ithaca, Tompkins County, New York, Town
of Dryden, Tompkins County, New York, and Village of Cayuga Heights, Tompkins County,
New York (hereinafter jointly referred to as the "Parties")
RECITALS
1. The City of Ithaca, Town of Ithaca and Town of Dryden (hereinafter jointly referred to as
the “IAWWTF Owners”) jointly own and operate the Ithaca Area Wastewater Treatment
Facility (“IAWWTF”).
2. Pursuant to a separate agreement with the IAWWTF Owners, the Village of Cayuga
Heights will utilize the IAWWTF to treat some of the wastewater originating in the “Old
Village” area of the Village of Cayuga Heights.
3. Facilities located in or that may locate in the “Old Village” area of the Village of Cayuga
Heights may contribute wastewater that includes industrial waste to the municipal sewer
system, and at times that wastewater will flow to the IAWWTF. Facilities contributing
industrial wastewater are hereinafter referred to as "industrial users."
4. The IAWWTF Owners must implement and enforce a pretreatment program to control
discharges from all IAWWTF industrial users pursuant to requirements set out in 40 CFR
Part 403. In this Agreement, the Village of Cayuga Heights agrees to adopt a sewer use law
that will subject the-industrial users within its boundaries whose wastewater discharges may
flow to the IAWWTF to the necessary pretreatment controls, and to implement and enforce
that sewer use law.
AGREEMENT
1. A. The Village of Cayuga Heights will adopt and diligently enforce an adopted sewer
use law applicable to users within its boundaries whose wastewater discharges may
flow to the IAWWTF, with pretreatment provisions that are no less stringent than and
are as broad in scope as the uniform pretreatment sewer use laws of the IAWWTF
Owners (City of Ithaca Code Chapter 264; Town of Ithaca Code Chapter 216; Town
of Dryden Code Chapters 222 and 257. . The Village of Cayuga Heights will forward
to the IAWWTF Owners for review a draft of its proposed sewer use law applicable
to users whose wastewater discharges may flow to the IAWWTF within sixty (60) days
of the effective date of this Agreement; The Village of Cayuga Heights will adopt its
revised sewer use law within sixty (60) days of receiving approval from the IAWWTF
Owners of its content.
B. Whenever the IAWWTF Owners revise their pretreatment sewer use laws, they
will forward a copy of the revisions to the Village of Cayuga Heights. The Village of
Cayuga Heights will adopt revisions to its sewer use law applicable to users whose
wastewater discharges may flow to the IAWWTF that are at least as stringent as those
adopted by the IAWWTF Owners. The Village of Cayuga Heights will forward to
the IAWWTF Owners for review its proposed revisions within sixty (60) days of
receipt of the IAWWTF Owners’ revisions. The Village of Cayuga Heights will
adopt its revisions within sixty (60) days of receiving approval from the IAWWTF
Owners of their content.
C. Within sixty (60) days of the effective date of this Agreement, tThe Village of
Cayuga Heights will adopt and diligently enforce an adopted pollutant specific local
limits applicable to users within its boundaries whose wastewater discharges may flow
to the IAWWTF that address at least the same pollutant parameters and are at least as
stringent as the local limits enacted by the IAWWTF Owners. If the IAWWTF
Owners make any revisions or additions to the lAWWTF’s local limits, they will
forward to the Village of Cayuga Heights a copy of such revisions or additions within
sixty (60) days of enactment thereof. The Village of Cayuga Heights will adopt any
such revisions or additions within sixty (60) days of receipt thereof.
2. A. The Village of Cayuga Heights will take all actions necessary to ensure that
industrial users within its boundaries that discharge to the IAWWTF are subject to an
approved pretreatment program to the extent required by 40 CFR 403.8, including the
performance of all technical and administrative duties necessary to implement and
enforce its sewer use law against IAWWTF industrial users located in its jurisdiction.
The Village of Cayuga Heights will: (1) update the industrial waste survey; (2) issue
permits to all industrial users of the IAWWTF within its boundaries required to obtain
a permit; (3) conduct inspections, sampling, and analysis; (4) perform enforcement
activities; and (5) perform any other technical or administrative duties the Parties deem
appropriate. In addition, the Village of Cayuga Heights will take emergency action in
accordance with applicable law and regulations to stop or prevent any discharge which
presents or may present an imminent danger to the health or welfare of humans, which
reasonably appears to threaten the environment, or which threatens to cause
interference, pass-through, or sludge contamination.
B. The Village of Cayuga Heights will maintain current information on IAWWTF
industrial users located in its jurisdiction. The Village of Cayuga Heights will update
the industrial waste survey by January 1 of each year for IAWWTF industrial users
located in its jurisdiction. The Village of Cayuga Heights will forward a copy of this
survey to the IAWWTF’s Chief Operator within five (5) days of its completion.
C. Whenever a new IAWWTF industrial user proposes to begin operations in the
Village of Cayuga Heights, or any time an existing IAWWTF industrial user proposes
to increase its discharge by at least twenty percent (20%) or 5,000 gallons per day,
whichever is greater, or proposes to change its discharge, or any time it is requested by
the IAWWTF Owners, the Village of Cayuga Heights will require that such
industrial user respond to an industrial user questionnaire supplied by the IAWWTF.
Such response shall be due prior to any proposed implementation and (where
applicable) permit issuance by the Village of Cayuga Heights’ Chief Operator, or, if
the IAWWTF Owners request the questionnaire, within fifteen (15) days of the
IAWWTF Owners’ request. The Village of Cayuga Heights will forward a copy of
the completed questionnaire immediately upon receipt to the IAWWTF’s Chief
Operator for review.
D. The Village of Cayuga Heights will provide the IAWWTF Owners or their
designees access to all records or documents relevant to the pretreatment program for
any IAWWTF industrial user located in the Village of Cayuga Heights.
E. The Village of Cayuga Heights will inspect and sample all IAWWTF industrial
users located in its jurisdiction each year. The Village of Cayuga Heights will submit
advance written notice of scheduled inspections to the IAWWTF’s Chief Operator
sufficient to provide the opportunity for IAWWTF personnel to attend all inspections.
If an inspection is in response to an emergency situation and such notice, is not possible,
the Village of Cayuga Heights will make every effort to informally notify the
IAWWTF of the impending inspection so IAWWTF personnel may attend. The Village
of Cayuga Heights will forward copies of all inspection reports to the IAWWTF’s
Chief Operator within fourteen (14) days of the inspection. The Village of Cayuga
Heights will submit to the IAWWTF its procedures for sampling and analyses
including all procedures in place for quality assurance and quality control. All
procedures will conform to those set out in 40 CFR Part 136, except as otherwise
required by the U.S. Environmental Protection Agency.
F. The IAWWTF may, with notice to the Village of Cayuga Heights, conduct
inspections and sampling at any IAWWTF industrial user's facility located within the
Village of Cayuga Heights, as it deems necessary.
G. The Village of Cayuga Heights will issue permits to all IAWWTF industrial users
required to be permitted under its sewer use law located in its jurisdiction. Permits must
be issued prior to any discharge that may flow to the IAWWTF. Permits for IAWWTF
industrial users must contain, at a minimum, appropriate effluent limitations,
monitoring and reporting requirements, a statement of duration, a statement of non-
transferability, a statement of applicable civil and criminal penalties, and any other
conditions requested to be included in the permit by the IAWWTF. After the Village
of Cayuga Heights drafts a permit, it will forward a copy thereof to the IAWWTF’s
Chief Operator for review and comment at least sixty (60) days prior to the expected
date of issuance. Within forty-five (45) days of receipt of the proposed permit, the
IAWWTF will either approve the permit or request the Village of Cayuga Heights to
make additions, deletions, or changes. No permit will be issued if the IAWWTF
delivers to the Village of Cayuga Heights a statement of its objections to the issuance
of such permit.
H. The Village of Cayuga Heights will submit a monthly report to the IAWWTF’s
Chief Operator on the compliance status of each IAWWTF significant industrial user
located within its jurisdiction and any enforcement response taken or anticipated. Such
report will include the time frames for initial enforcement actions, as well as any
subsequent enforcement actions.
I. The Village of Cayuga Heights will enforce the provisions of its sewer use law
and permits applicable to IAWWTF users located with the Village of Cayuga Heights.
In the event the Village of Cayuga Heights fails to take- adequate enforcement action
against noncompliant IAWWTF users in the Village of Cayuga Heights on a timely
basis, the IAWWTF Owners or their designees will take such action on behalf of and
as agent for the Village of Cayuga Heights.
3. The IAWWTF Owners or their designees may take emergency action in accordance with
applicable law and regulations, whenever they deem necessary, to stop or prevent any
discharge to the IAWWTF which presents, or may present, an imminent danger to the
health or welfare of humans, which reasonably appears to threaten the environment, or
which threatens to cause interference, pass-through, or sludge contamination. The
IAWWTF Owners will provide informal notice to the industrial user and the Village of
Cayuga Heights of their intent to take emergency action prior to taking action. The
opportunity to respond, however, may be limited to a hearing after the emergency powers
of the IAWWTF Owners have been exercised.
4. The Village of Cayuga Heights shall not allow an industrial user located outside the
jurisdictional boundaries of the Village of Cayuga Heights to discharge into the IAWWTF
via the Village of Cayuga Heights sewer system. The foregoing shall not apply to any
users located in the Town of Ithaca or Town of Dryden that discharge into the IAWWTF
via the Village of Cayuga Heights sewer system, because these Towns are co-owners and
operators of the IAWWTF and already have sewer use laws in place that regulate IAWWTF
users within their jurisdictions.
5. The Village of Cayuga Heights will indemnify the IAWWTF Owners for all damages,
fines, and costs either incurred as a result of industrial waste discharged to the IAWWTF
from users located within the Village of Cayuga Heights or from the failure of the Village
of Cayuga Heights to comply with this Agreement.
6. A. If any term of this Agreement is held to be invalid in any judicial action, the remaining
terms of this Agreement will be unaffected.
B. The Parties will review and revise this Agreement to ensure compliance with the
Federal Clean Water Act (42 U.S.C. §1251 et seq.') and the rules and regulations (see 40
CFR Part 403) issued thereunder, as necessary, but in any event such review and necessary
revisions shall occur at least every three (3) years on a date to be determined by the Parties.
C. The IAWWTF Owners may terminate this Agreement by providing one (1) year
written notice to the Village of Cayuga Heights. All benefits and obligations under this
Agreement will cease one (1) year from receipt of such notice. If notice of termination is
given pursuant to this paragraph, the Parties will substitute a new agreement to replace this
Agreement, unless one or more of the agreements listed in Paragraph 7 below permitting
the Village of Cayuga Heights to send wastewater to the IAWWTF are also terminated.
7. This Agreement shall become effective on the date it is fully executed. Unless terminated
sooner as provided in this paragraph or in Paragraph 6.C above, the term of this Agreement
shall end on December 31, 2030. The Parties may agree in writing to renew this Agreement
for additional terms. A Party that does not intend to renew shall so notify the other Parties
at least one (1) year before the end of the then-current term. Notwithstanding the foregoing,
this Agreement shall automatically terminate if one or both of the following agreements
terminate and are not substituted by new agreement(s): the Intermunicipal Wastewater
Agreement dated December 31, 2003, or the December 31, 2025 plant to plant agreement
between the Village of Cayuga Heights and the IAWWTF Owners.
8. This Agreement constitutes the entire Agreement of the Parties concerning the subject
matter hereof. It may be amended only by the written consent of each of the Parties, with
each Party executing and acknowledging the document containing the amendment through
its duly authorized representative.
9. This Agreement shall be governed by the laws of the State of New York.
10. Each Party represents and warrants that; (a) this Agreement has been presented to its
governing body; (b) its governing body has approved this Agreement by a majority vote of
the full possible voting strength of that governing body; and (c) if required, all steps by
way of public hearings and/or referendum or otherwise have been taken by the time of
execution of this Agreement. Resolutions of each governing body approving this
Agreement are attached to this Agreement as Exhibit A.
11. No Party may assign or transfer its rights and interests in this Agreement to another entity
without the prior written consent of all of the Parties.
12. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
duly authorized officers and sealed with their corporate seals on the days(s) and year set
forth below.
[SIGNATURE PAGES FOLLOW]
Page - 1
Plant to Plant Agreement
Between
City of Ithaca, Town of Ithaca, Town of Dryden
And
Village of Cayuga Heights
This Agreement is made as of the 15th 31st day of AugustDecember, 20251, between the
CITY OF ITHACA, Tompkins County, New York, TOWN OF ITHACA, Tompkins
County, New York, and TOWN OF DRYDEN, Tompkins County, New York (hereafter
collectively referred to as “IAWWTF Owners”), and VILLAGE OF CAYUGA
HEIGHTS, Tompkins County, New York.
WITNESSETH:
WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF), which is owned
and operated by the IAWWTF Owners, treats municipal wastewater originating from the
City and Town of Ithaca, as well as portions of the Town of Dryden, pursuant to a Joint
Sewer Agreement dated December 31, 2003, as it may be amended; and
WHEREAS, the Village of Cayuga Heights Wastewater Treatment Plant (VCHWWTP),
which is owned and operated by the Village of Cayuga Heights, treats municipal
wastewater from the Village of Cayuga Heights as well as portions of the Towns of
Ithaca, Dryden, Lansing, and the Village of Lansing under the terms of individual
agreements with the Village of Cayuga Heights and their respective sewer use laws and
ordinances; and
WHEREAS, the parties believe that it is in their best interests to make full use of existing
community assets before building new or expanding existing facilities, provided any
proposed agreement makes allowance for future demands within those municipalities
during the agreement period, and that the costs are distributed in accordance with the
benefits received, including avoided costs; and
WHEREAS, because their mission is to serve the aforementioned municipalities, there is
a history of cooperation between the owners of the two wastewater treatment plants
focused on protecting the environment by cooperating in the treatment of sewage; and
WHEREAS, the parties’ Intermunicipal Wastewater Agreement dated December 31,
2003, endorses the concept of the Village of Cayuga Heights’ utilization of excess
IAWWTF capacity to leverage the efficient treatment of waste without causing an
environmental emergency and/or to comply with DEC point discharge regulations; and
WHEREAS, the overarching history of past agreements and purpose of this agreement is
to foster a cooperative framework among the owners of their respective wastewater
treatment plants and those who are served..
Page - 2
NOW, THEREFORE, in consideration of the promises and the mutual covenants and
agreements herein contained, the parties agree as follows:
Section 1 – Historical Overview, Agreement Basis, and Assumptions
1.1 Exhibit A contains an Historical Overview, Basis for Diversions, and
Engineering Assumptions, all of which provide historical background information and
assumptions for VCHWWTP’s flow diversions to the IAWWTF. prior to August 15,
2021 and provide some information about the basis for VCHWWTP’s flow diversions
made on and after August 15, 2021. Updated background information and assumptions
on which this Agreement is based are in the Exhibit B memo titled “Flow Diversion
Pricing Methodology” dated August 2, 2021, and updated January 11, 2023. Should these
assumptions prove to be wrong, the parties shall amend this Agreement so the IAWWTF
Owners are fairly compensated for their actual costs.
Section 2 – Implementation of and Payment for Flow Transfers
2.1 The parties agree that on and after August 15, 2021, the Village of Cayuga
Heights is permitted to make short-term flow diversions to the IAWWTF on both
emergency and non-emergency bases through the Kline Road bypass (shown in Exhibit
C) from the properties within the portion of the Village of Cayuga Heights shown on
Exhibit D. . The Village of Cayuga Heights shall operate the bypass to (a) divert to the
IAWWTF flows from the Village of Cayuga Heights’ Kline Road interceptor that exceed
the capacity of the Sunset Road sewer pipe to take flows to the VCHWWTP, as well as
(b) temporarily fully divert to the IAWWTF flows from the Village of Cayuga Heights’
Kline Road interceptor. . When possible, the Village of Cayuga Heights shall provide
twenty-four (24) hour advance telephone and email notification to the
IAWWTF’sIAWWTF Chief Operator prior to any flow diversions. . The Village of
Cayuga Heights shall follow up with written notice as provided in Section 6.1 of this
Agreement. . The bypass may not divert flows from any properties not shown on Exhibit
D without an amendment to this agreement or a new agreement with the IAWWTF
Owners that includes as parties all municipalities contributing to the diverted flows (the
Village of Cayuga Heights and, as relevant, the Village of Lansing and/or the Town of
Lansing). . Notwithstanding the foregoing, if the IAWWTF notifies the Village of
Cayuga Heights that diverted flows would result in the IAWWTF violating its SPDES
permit, then during the period of time stated in the notice, the Village of Cayuga Heights
will not divert flows above the volume or flow rate stated in the notice. . The IAWWTF
Owners may close the bypass if the Village of Cayuga Heights fails to comply with the
notice. . The Village of Cayuga Heights hereby grants the IAWWTF and itsand its
representatives a non-exclusive license to enter the inlet valve vault on Kline Road for
this purpose.
2.2 Pursuant to the terms of the IAWWTF Owners’ Joint Sewer Agreement, flows to
the IAWWTF originating from the Village of Cayuga Heights, which lies wholly within
the Town of Ithaca, are deemed to be Town of Ithaca flows. . The Town of Ithaca’s own
Page - 3
flows to the IAWWTF, plus the diverted flows via the Kline Road bypass, may not
exceed the Town of Ithaca’s owned capacity in the IAWWTF. .
2.3 The Village of Cayuga Heights will pay reconcile with the Town of Ithaca the
costs it incurs due to the diversion of flow to the Kline Road bypass, pursuant to the
terms described in Exhibit B. the IAWWTF for three sets of charges: for IAWWTF
treatment of diverted flows, for IAWWTF carrying (capacity) costs, and for conveyance
of the diverted flows to the IAWWTF. In addition, the Village of Cayuga Heights shall
pay fees to the IAWWTF when the Kline Road flow monitoring station is inoperable or
provides inaccurate readings over a continuous period of more than three (3) hours. . The
methodologies to calculate these charges and fees, along with frequency of billing and
payment due dates, are set forth in Section 4 and Exhibit B. .
2.4 The parties are concurrently entering into a new multijurisdictional pretreatment
agreement. . If in the future it is contemplated that flows in the Village of Cayuga
Heights sewer system from (a) the Village of Lansing, (b) the Town of Lansing, and/or
(c) properties in the Village of Cayuga Heights not shown on Exhibit D are to be diverted
to the IAWWTF, the Village of Lansing and Town of Lansing must enter into
multijurisdictional pretreatment agreements with the IAWWTF Owners and the Village
of Cayuga Heights before flows from their respective jurisdictions can be diverted to the
IAWWTF, and the Village of Cayuga Heights and the IAWWTF Owners must amend
their multijurisdictional pretreatment agreement to apply to all Village of Cayuga Heights
flows that can be diverted to the IAWWTF. .
Section 3 – Treatment
3.1 The IAWWTF will properly treat and dispose of all transferred flows. . The
transferred flows must comply with the requirements of the then-current sewer use laws
and ordinances of the municipalities in which they originate and, if more stringent, the
then-current pretreatment laws adopted by the IAWWTF Owners. . This is to ensure that
the flows do not cause pass- through violations, interference with plant operations, sludge
contamination, nuisance odors, ora threat to IAWWTF worker safety or nuisance odors. .
Verification testing required by permits or as needed by plant operatorsions will be a cost
of this Agreement. . If such testing is performed by the IAWWTF on flows diverted
from the Kline Road bypass, the costs will be billed by IAWWTF to the Village of
Cayuga Heights at cost and paid within forty-five (45) days of receipt of the bill or paid
on such other terms as may be mutually agreed upon.
3.2 The IAWWTF Owners’ uniform pretreatment laws are attached as Exhibit E. . A
copy of the IAWWTF operating permit issued by NYSDEC is available upon request to
the IAWWTF Chief Operator. .
Section 4 – Monitoring Station and Measurement of Flows
4.1 Transferred flows shall be routed through the existing sewage flow monitoring
station that the Village of Cayuga Heights paid for and installed at the Kline Road
Page - 4
bypass. . The Village of Cayuga Heights shall pay for and perform, or cause to be
performed, installation of maintain a battery backup system, monitoring station readings,
inspections, maintenance, repairs, and replacements of equivalent or better equipment for
the Kline Road bypass monitoring station. . The Village of Cayuga Heights shall
provide to the IAWWTF on a monthly basis data from its consultant (LECTRE)
specifying the quantities of diverted flows broken down by date at 5-minute intervals on a
midnight-to-midnight basis. . Such information may be transmitted by email or other
means agreed upon by the parties. . In addition, the IAWWTF shall have live and
continuous access to the LECTRE dashboard data from the Kline Road monitoring
station and from the sewage flow monitoring stations immediately upstream and
downstream of the Kline Road monitoring station. . The Village of Cayuga Heights
shall permit LECTRE its contractor to provide the IAWWTF with such dashboard real-
time data access. .
4.2 The Village of Cayuga Heights shall inspect the Kline Road flow monitoring
station after every rain event associated with a diversion of flow, to determine if it is
functioning properly. . This will be accomplished remotely via the LECTRE
dashboardreal-time data feed unless it is unavailable or unless there is indication that an
in-person inspection is warranted. .
4.3 Whenever the Village of Cayuga Heights determines or learns from the Town of
Ithaca or IAWWTF that the Kline Road monitoring station is inoperable or providing
inaccurate readings, the Village of Cayuga Heights shall, as soon as practicable, (a)
provide telephone and email notice to the Town of Ithaca and IAWWTF, and (b) repair or
replace the monitoring station so that it functions properly. . The Town of Ithaca and/or
IAWWTF will notify the VCHWWTP as soon as practicable whenever the IAWWTF
determines or suspects that the monitoring station is inoperable or providing inaccurate
readings. . In an emergency situation when the IAWWTF cannot contact VCHWWTP
personnel cannot be contacted, the Village of Cayuga Heights hereby grants the Town of
Ithaca and IAWWTF andand its representatives a non-exclusive license to enter the
monitoring station vault on Kline Road for purposes of flow monitoring station access
and inspections.
4.4 The IAWWTF Town of Ithaca will use LECTRE dashboardthe real-time data
referenced in Section 4.1 to determine diverted flow volumes for the purpose of
calculating charges to the Village of Cayuga Heights, except as follows:.
(a) When the Kline Road flow monitoring station is inoperable or provides
inaccurate readings over a continuous period of three (3) hours or less (the “Outage
Period”), the substitute reading for each missing reading shall be the average of the last
reading prior to the Outage Period and the first reading after the Outage Period.
(b) When the Kline Road flow monitoring station is inoperable or provides
inaccurate readings over a continuous period of more than three (3) hours (a "Gap"), as
reported to the parties by their consultant LECTRE, Inc. on a quarterly basis, or as shown
by LECTRE consultant’s dashboard data, the quarterly invoice from IAWWTF the Town
Commented [RD1]: Assuming this has been installed…
Page - 5
of Ithaca to the Village of Cayuga Heights will contain a charge for such Gaps that is
derived from an analysis of the weather data obtained from the Game Farm Road
readings at http://www.nrcc.cornell.edu/wxstation/ithaca/ithaca.html (or similar website)
during the times of the Gaps. . If the weather data shows that during the 24 hour period
before a Gap starts, or at any time during a Gap, there is a) any precipitation, or b)
regardless of precipitation the temperature measures at 33 degrees Fahrenheit or above if
the Gap occurs during the months of January, February, March, November or December,
then a flow through the Kline Road bypass will be assumed that equals the average
gallons per minute that have flowed through the Kline Road bypass during the quarterly
period for which the invoice is prepared. . That average gallons per minute shall be
multiplied by the number of minutes in the Gap., and then multiplied by the Treatment
Rate used for that quarterly invoice to compute the extra charge on such invoice for the
Gaps identified as described above.
Section 5 – Agreement Modification
5.1 This Agreement constitutes the entire Agreement of the parties. . It may be
amended only by the written consent of all of the parties, with each party executing and
acknowledging the document containing the amendment through its duly authorized
representative.
Section 6 – Notification
6.1 Where notification is required by the terms of this Agreement, it shall be
delivered by hand, overnight courier, or mail, during business hours, to the following
addresses. . Notices are deemed effective upon receipt.
For notice to the IAWWTF Owners:
Chair, Special Joint Committee
Ithaca Area Wastewater Treatment Plant
535 Third St.
Ithaca, NY 14850
With copies to:
Assistant Superintendent of Public Works
City of Ithaca Water & Sewer Division
510 First St.
Ithaca, NY 14850
Town EngineerFinance Officer
Town of Ithaca
215 N. . Tioga St.
Ithaca, NY 14850
Page - 6
Director of Public Works
Town of Ithaca
215 N. Tioga St.
Ithaca, NY 14850
Town Engineer
Town of Dryden
65 E. . Main St.
Dryden, NY 13053
Page - 7
For notice to the Village of Cayuga Heights:
Village Engineer
Village of Cayuga Heights
836 Hanshaw Rd.
Ithaca, NY 14850
Section 7 – Length of Agreement
7.1 Unless terminated earlier pursuant to this Agreement, this Agreement shall
continue in force until December 31, 203025. . This Agreement shall automatically
terminate if one or both of the following agreements terminate and are not substituted by
new agreement(s): the Intermunicipal Wastewater Agreement dated December 31, 2003,
or the 2023 2026 Multijurisdictional Pretreatment Agreement between the Village of
Cayuga Heights and the IAWWTF Owners. . Upon the expiration of the original term,
thisThis Agreement may be renewed for additional terms of at least five (5) years each
upon the written consent of all the parties. . The parties shall review the Exhibit B memo
titled “Flow Diversion Pricing Methodology” every five (5) years that this Agreement is
in effect to verify the assumptions and projections on which this Agreement is based. .
The parties agree to use their best efforts to renegotiate the terms of this Agreement if
actual experience varies significantly from the assumptions and projections in the Basis
for Agreement.
Section 8 – Termination and Bypass Closure
8.1 The IAWWTF Owners or the Village of Cayuga Heights may terminate this
Agreement with adequate prior notice. . Notice from the IAWWTF Owners to the
Village of Cayuga Heights must be provided four (4) years in advance to provide the
Village of Cayuga Heights time to respond, design, and build alternate facilities. .
Notice from the Village of Cayuga Heights to the IAWWTF Owners must be provided
one (1) year in advance. . These periods are based on the assumption that no capital
investments are needed at the IAWWTF to meet the terms of this Agreement. . Other
periods of notice will be acceptable if agreed to by all parties or as may be agreed to
should a capital improvement be necessary or desirable.
8.2 However, nothing in this Agreement is intended to result in the IAWWTF
violating the terms of its operating permit with NYSDECSPDES permit. . The
IAWWTF Owners may withdraw, in whole or in part, from the terms of this Agreement
if withdrawal is necessary to comply with the IAWWTF’s SPDES permit.
8.3 The IAWWTF Owners may send a notice to the Village of Cayuga Heights if the
Village is not in compliance with any provision of this Agreement not directly related to
quantity of and compensation for flows between the Village of Cayuga Heights and
Town of Ithaca or if non-compliance with thethe Multijurisdictional Pretreatment
Agreement among the parties of even datein effect at the time is alleged. . The Town of
Ithaca may send a notice without the involvement or consent of the other two IAWWTF
Page - 8
owners, related to the portions of this Agreement dealing solely with the quantity of flow
diverted to the Kline Road bypass and the financial compensation pertaining thereto, as
described in Exhibit B. If the Village of Cayuga Heights fails to come into compliance
within forty-five (45) days of a the notice, whether issued by the Town of Ithaca or , the
IAWWTF Owners, the relevant owners or their representatives may enter and close the
Kline Road bypass. orThis agreement can be terminated by IAWWTF Owners after
failure to come into compliance during the 45-day compliance period describe above,
this Agreement upon an additional forty-five (45) days’ notice.
Page - 9
Section 9 -- Dispute Resolution
9.1 Disputes not directly related toDisputes the quantity of, and compensation for,
flows between the Village of Cayuga Heights and Town of Ithaca should initially be
referred to the individuals responsible for the plant operations, which will be the Chief
Operators of both plants and their immediate supervisors. . If resolution to such disputes
cannot be reached by these four individuals, the matter shall be referred in writing to the
two boards responsible for plant operations, currently the Village Trustees for
VCHWWTP and the Special Joint Committee for the IAWWTF. .
Disputes related to quantity of, and compensation for, flows between the Village of
Cayuga Heights and Town of Ithaca should be referred to the Village Engineer and the
Town of Ithaca Director of Public Works and Finance Officer, respectively, for potential
resolution or subsequent written referral to the Village Trustees and Ithaca Town Board.
Ultimately, the parties may seek whatever recourse is available under the law, but no
sooner than ninety (90) days after the matter has been referred to the respective boards in
writing.
Section 10 – General Items
10.1 Liability Requirements. . For purposes of this paragraph, the IAWWTF Owners
shall constitute one party, and the Village of Cayuga Heights shall constitute the other
party. To the extent permitted by law, each party agrees to fully defend, indemnify and
hold harmless the other party and its elected officials, public officers, employees, and
agents (the “Indemnitees”) from and against all claims, actions, suits, demands, damages,
liabilities, obligations, losses, settlements, judgments, costs and expenses (including
without limitation reasonable attorney’s fees and costs), whether or not involving a third
party claim, which any or all of them may incur, resulting from bodily injuries (or death)
to any person, damage (including loss of use) to any property, other damages, or
contamination of or adverse effects on the environment, caused by, resulting from or
arising out of the acts or omissions of the indemnifying party, or of the indemnifying
party’s elected officials, public officers, employees, and agents, in connection with this
Agreement. . This responsibility shall not be limited by reason of any insurance coverage
the indemnifying party may provide. . To the extent the Indemnitees are negligent, a
party’s duty to indemnify the Indemnitees shall not extend to the proportion of loss
attributable to the Indemnitees’ negligence. . Negligence shall include, in addition to
negligence founded upon tort, negligence based upon the party’s failure to meet
applicable professional standards. . Nothing in this section or in this Agreement shall
create or give to third parties any claim or right of action against the parties beyond such
as may legally exist irrespective of this section or this Agreement.
10.2 Governing Law. . This Agreement shall be governed under the laws of the State
of New York, without regard to, or the application of, New York State’s choice of law
provisions. . The parties further agree that the Supreme Court of the State of New York
held in and for the County of Tompkins shall be the forum to resolve disputes arising out
Page - 10
of either this Agreement or work performed according thereto. . The parties waive all
other venue or forum selections. . The parties may agree between themselves on
alternative forums.
10.3 Non-assignment Clause. . No party may assign or transfer its rights and interests
in this Agreement to another entity without the prior written consent of all of the other
parties. . Notwithstanding the foregoing, if one or more parties dissolve into, merge with,
or wholly annex another party or parties, the party remaining after the dissolution, merger
or annexation, or the new merged municipality, as the case may be, shall retain all of the
rights and interests in this Agreement that were held by the involved parties immediately
prior to the dissolution, merger or annexation.
10.4 Each party represents and warrants that (a) this Agreement has been presented to
its governing body; (b) its governing body has approved this Agreement by a majority
vote of the full possible voting strength of that governing body; and (c) if required, all
steps by way of public hearings and/or referendum or otherwise have been taken by the
time of execution of this Agreement. . Resolutions of each governing body approving
this Agreement are attached to this Agreement as Exhibit F.
In Witness hereto, the parties have caused this Agreement to be executed by their duly
authorized officers, effective on the day and year aforementioned.
[SIGNATURE PAGES FOLLOW]
Page - 11
CITY OF ITHACA
Dated: _______________________ By: _____________________________
Laura LewisRobert Cantelmo, Mayor
City of Ithaca
STATE OF NEW YORK )
: ss.
COUNTY OF TOMPKINS )
On the ___ day of __________, 20253, before me, the undersigned, a Notary
Public in and for said State, personally appeared Laura LewisRobert Cantelmo,
personally known to me or proved to me on the basis of satisfactory evidence to be the
individual whose name is subscribed to the within instrument and acknowledged to me
that he/she executed the same, and that by his/her signature on the instrument, the
individual or the person(s) upon behalf of which the individual acted, executed the
instrument.
______________________________
Notary Public
Page - 12
TOWN OF ITHACA
Dated: _______________________ By: _____________________________
Rod Howe, Supervisor
Town of Ithaca
STATE OF NEW YORK )
: ss.
COUNTY OF TOMPKINS )
On the ___ day of __________, 20253, before me, the undersigned, a Notary
Public in and for said State, personally appeared Rod Howe, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the
same, and that by his/her signature on the instrument, the individual or the person(s) upon
behalf of which the individual acted, executed the instrument.
______________________________
Notary Public
Page - 13
TOWN OF DRYDEN
Dated: _______________________ By: _____________________________
Jason Leifer, Supervisor
Town of Dryden
Dated: _______________________ By: _____________________________
Daniel Lamb, Deputy Supervisor
Town of Dryden
Dated: _______________________ By: _____________________________
Christina Dravis, Councilperson
Town of Dryden
Dated: _______________________ By: _____________________________
Spring BuckLoren Sparling,
Councilperson
Town of Dryden
Dated: _______________________ By: _____________________________
Leonardo Vargas-Mendez, Jr.,
Councilperson
Town of Dryden
STATE OF NEW YORK )
: ss.
COUNTY OF TOMPKINS )
On the ___ day of __________, 20253, before me, the undersigned, a Notary
Public in and for said State, personally appeared Jason Leifer, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is
Page - 14
subscribed to the within instrument and acknowledged to me that he/she executed the
same, and that by his/her signature on the instrument, the individual or the person(s) upon
behalf of which the individual acted, executed the instrument.
______________________________
Notary Public
STATE OF NEW YORK )
: ss.
COUNTY OF TOMPKINS )
On the ___ day of __________, 20253, before me, the undersigned, a Notary
Public in and for said State, personally appeared Daniel Lamb, personally known to me
or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the
same, and that by his/her signature on the instrument, the individual or the person(s) upon
behalf of which the individual acted, executed the instrument.
______________________________
Notary Public
STATE OF NEW YORK )
: ss.
COUNTY OF TOMPKINS )
On the ___ day of __________, 20253, before me, the undersigned, a Notary
Public in and for said State, personally appeared Christina Dravis, personally known to
me or proved to me on the basis of satisfactory evidence to be the individual whose name
is subscribed to the within instrument and acknowledged to me that he/she executed the
same, and that by his/her signature on the instrument, the individual or the person(s) upon
behalf of which the individual acted, executed the instrument.
______________________________
Notary Public
Page - 15
STATE OF NEW YORK )
: ss.
COUNTY OF TOMPKINS )
On the ___ day of __________, 20253, before me, the undersigned, a Notary
Public in and for said State, personally appeared Loren SparlingSpring Buck, personally
known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that he/she
executed the same, and that by his/her signature on the instrument, the individual or the
person(s) upon behalf of which the individual acted, executed the instrument.
______________________________
Notary Public
STATE OF NEW YORK )
: ss.
COUNTY OF TOMPKINS )
On the ___ day of __________, 20253, before me, the undersigned, a Notary
Public in and for said State, personally appeared Leonardo Vargas-Mendez, Jr., personally
known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that he/she
executed the same, and that by his/her signature on the instrument, the individual or the
person(s) upon behalf of which the individual acted, executed the instrument.
______________________________
Notary Public
Page - 16
VILLAGE OF CAYUGA HEIGHTS
Dated: _______________________ By: _____________________________
Linda Woodard, Mayor
Village of Cayuga Heights
STATE OF NEW YORK )
: ss.
COUNTY OF TOMPKINS )
On the ___ day of __________, 20253, before me, the undersigned, a Notary
Public in and for said State, personally appeared Linda Woodard, personally known to me
or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the
same, and that by his/her signature on the instrument, the individual or the person(s) upon
behalf of which the individual acted, executed the instrument.
______________________________
Notary Public
Page - 17
EXHIBIT A
HISTORICAL OVERVIEW, BASIS FOR DIVERSIONS
& ENGINEERING ASSUMPTIONS
Overview and Method
The Village of Cayuga Heights was originally served by a downtown plant, so
much of the Village, as well as portions of the northeast quadrant of the Town of Ithaca,
can use gravity and topography to redirect wastewater flows to the current downtown
(IAWWTF) plant. . Demand exists now for new sewer service in areas of the Village
and Town of Lansing, and the Town of Dryden, close to the Village of Cayuga Heights
and the Ithaca-Tompkins Regional Airport. . When this issue was studied in the early
2000s, additional demand also existed in northern portions of the Town of Lansing such
as the Lansing School District complex and homes in the Ladoga Park area, whose
individually owned facilities were considered for replacement with connections to
municipal treatment facilities. . The water quality in Cayuga Lake can be improved by
connecting individual properties whose on-site treatment systems are built in areas of
high water table or shallow bed rock.
In 2005, the VCHWWTP diverted existing wastewater flows from the
VCHWWTP to the IAWWTF via the Kline Road bypass to free up capacity in the
VCHWWTP. . Flows diverted from areas south of the Village’s plant can reach the
downtown plant by gravity. . The parties intended that this load sharing approach make
use of existing treatment capacity at the IAWWTF, relieve existing excess demand at the
VCHWWTP, and allow adequate flexibility to meet projected demands over the next
twenty (20) years while adjusting for real demands as they develop. . While during this
time frame most, if not all, of the municipalities approved a written plant to plant
agreement for this permanent flow diversion. A, apparently, it was never signed. .
In 2021, the VCHWWTP determined that the VCHWWTP had the capacity to
treat wastewater flows within the Kline Road catchment area of up to 500,000 gallons per
day under normal operating conditions. . The Village of Cayuga Heights proposed to
stop the continuous diversions of flows to the IAWWTF that had been in place since the
Kline Road bypass became operational. . In order to operate within its treatment
capacity, the Village of Cayuga Heights requested to divert wastewater flow rates
exceeding 500,000 gallons per day to the IAWWTF based on the terms and conditions
agreed to by the parties and to divert flows to the IAWWTF as necessary to remain
within their treatment capacity.
In 2022, the VCHWWTP determined it was preferable to fully open the Kline
Intercept to receive all flows to the VCHWWTP and allow flows that exceed the capacity
of the Sunset Road sewer pipe to be diverted to IAWWTF via the Kline Road
Interceptbypass. .Village of Cayuga Heights has requested the ability to temporarily fully
divert all wastewater flows from the Village of Cayuga Heights Kline Road Intercept
Page - 18
based on the terms and conditions agreed to by the parties and to divert flows to the
IAWWTF as necessary to remain within their treatment capacity
Basis for Diversions
In the early 2000s, to explore the feasibility of continuous diversions of flows
from the Village of Cayuga Heights to the IAWWTF, a series of meetings were was held
between engineers representing the six communities being served by the two plants. .
The then-current operation of the two plants, then-current flow contributions by the six
communities, and estimates for changes in flows were reviewed. . Since then-current
and anticipated future flows were still within the existing combined treatment capacity, a
more detailed review was made of sub-area flows and topography to consider the
feasibility of the proposed solution. . The initial implementation appeared simple and
the benefits to the VCHWWTP would be immediate.
As described above, in 2021 the Village of Cayuga Heights determined that the
VCHWWTP had the capacity to treat all flows under normal operating conditions that
otherwise would have gone through the Kline Road bypass, except flows exceeding
500,000 gallons/day. . The Village of Cayuga Heights modified the bypass infrastructure
to limit flows through the bypass in this way, effective August 15, 2021. . The bypass
infrastructure may also be (and has been) operated to temporarily fully divert to the
IAWWTF flows from the Village of Cayuga Heights’ Kline Road interceptor. . Exhibit
B provides further details about flows through the bypass. .
Engineering Assumptions
The municipalities looked at plant treatment capacity limitations and collection
system wastewater flows in terms of volume and time, i.e. . gallons per minute (gpm) or
million gallons per day (MGD). . The age of major portions of the collection system, the
makeup of local municipal wastewater (due to the largely residential, professional, and
high technology makeup of the communities), and the configuration of both plants made
this approach to capacity reasonable. . Peaking factors (peak flow/average flow)
appeared to be comparable for the plants and the portions of the collection systems for
which data was available. . Should other wastewater properties that limit a plant’s
permitted capacity come into play, e.g. . biological treatment, chemical treatment, or
solids handling, the parties agree to use their best efforts to amend this Agreement.
The preliminary review of plant operations at the IAWWTF did not uncover any
disproportionate impacts or costs that would be triggered by receiving the diverted flows.
. No ratchet effect or sudden increase was anticipated in chemical, electrical, or staffing
demands at the plant. . This was due to the relative size of the two plants (13.1 MGD
and 2.0 MGD) and the actual size of the anticipated flow transfers. . Should these items
develop at a later date, the parties agree to amend this Agreement.
Page - 19
EXHIBIT B
FLOW DIVERSION PRICING METHODOLOGY
Date: 02 August 2021, updated 11 January 2023, with assumptions based on data
collected in NetDMRs and the 2021 and 2022 IAWWTF Budget.
The Parties agree to enable the Village of Cayuga Heights Wastewater Treatment Plant
(VCH plant)VCHWWTP to continue to temporarily divert flows to the Ithaca Area
Wastewater Treatment Facility (IAWWTF) by installing a weir at the Kline Road
intercept bypass whereby when either (a) flow rates that exceed the capacity of the Sunset
Road sewer pipe to take flows to the VCHWWTPF are directed to the IAWWTF for
wastewater treatment (peak flow shaving), or (b) flows are fully diverted to IAWWTF for
brief periods of time (full diversion). . The Parties agree that, in the event that flow
diverted to the Kline Road bypass exceeds 12 million gallons in any 12-month period
during this Agreement, IAWWTF Owners may exercise their option to renegotiate the
terms herein.Prior to the installation of the weir, all flows from the catchment area were
treated by the IAWWTF.
The IAWWTF will see a higher cost per customer from losing the customer base of the
portion of the Village of Cayuga Heights which had previously been included in Town of
Ithaca flows. The VCH plant will see a larger customer base and higher annual flow as a
result of reclaiming these customers and modifying the Kline Road intercept.
The flows from the portion of the Village of Cayuga Heights served by the Kline Road
bypass as shown on Exhibit D will be diverted to IAWWTF during periods of peak flow
shaving or full diversion as described above, and the IAWWTF will need to maintain
capacity to handle these Kline Road diverted flows. . The additional annual cost will be
charged to the VCH plant to fund IAWWTF’s maintenance of Kline Road diverted flow
capacity, in addition to premium treatment rates charged to VCHWWTP to treat flows
monitored and received during flow events, which will serve as an incentive to reduce
infiltration and inflow in the portion of the Village of Cayuga Heights served by the
Kline Road bypass.1 The Parties recognize that pricing should incorporate allocating
costs in accordance with benefits received, as well as costs avoided by VCH by not
having to increase the capacity of its plant. The parties also recognize the mutual benefits
of cooperation among the only two (2) wastewater treatment facilities at the southern end
of Cayuga Lake which according to the U.S. EPA is currently a threatened body of water.
1 Item 8 of the 2003 Intermunicipal Wastewater Agreement states: “Each Treatment Facility will set its
own O&M rate for each of the Parties it serves. The O&M rates shall include an economic incentive to
reduce inflow and infiltration. The Treatment Facilities will adjust the O&M rates periodically to account
for collection system improvements made by one or more Parties that reduce infiltration and inflow.”
Page - 20
In accordance with Section 2.2 above, flows diverted by the Village to the Kline Road
bypass are to be considered Town of Ithaca flows, and the combined flow of the Village
diversion plus Town flows cannot exceed the Town’s allotted capacity at IAWWTF. It is
understood by the Parties that proportional costs, if any, incurred by IAWWTF by the
diversion of flow from the Village are inherently borne by the Town, by virtue of the
existing cost-sharing formula between IAWWTF Owners.
Therefore, based on flow monitoring provided by the Village, which is also accessible to
Village of Cayuga Heights will pay three sets of charges: for IAWWTthe Town online,
the Town will bill the Village directly for theF treatment of diverted flows at the rate
charged by the Village to municipalities that contribute flow to VCHWWTP., for
IAWWTF carrying (capacity) costs, and for conveyance of the diverted flows to the
IAWWTF. The Village of Cayuga Heights will also pay fees, as provided in Section
4.4(b), when the Kline Road flow monitoring station is inoperable or provides inaccurate
readings over a continuous period of more than three (3) hours.
See Section 4 of the Agreement for diverted flow measurement provisions, including
Section 4.4 (methodologies to calculate diverted flow volumes when the flow monitoring
station is inoperable or providing inaccurate readings). .
Charges for IAWWTF treatment of diverted flows
Treatment costs = diverted flow volume x Premium Treatment Rate
Treatment costs for 2021 and 2022 are due within forty five (45) days of the Village of
Cayuga Heights’ receipt of an invoice for same after full execution of this Agreement.
The invoice shall outline all charges and associated gallons treated. All other
tThereatment costs will be billed Town will bill the Village on a quarterly basis for flow
diverted to the Kline Road bypass, including for amounts determined under Section 4.4,
if applicable, and payment will be dueare due within forty- five (45) days of invoice
receipt. Bills for matters not directly related to the volume of diverted flow will be issued
by IAWWTF Owners, as described herein.
The Premium Treatment Rate for each calendar year is calculated by dividing the then-
current year IAWWTF budget by the rolling five (5) year average of gallons of
wastewater treated (based on actual data collected the previous five years from July to
June). The resulting quotient is then multiplied by 1,000 to determine the cost to treat
1,000 gallons of wastewater. The resulting product is then multiplied by three (3). That
product is the Premium Treatment Rate.
( 𝑎𝑛𝑛𝑢𝑎𝑙 𝑏𝑢𝑑𝑔𝑒𝑡
5 𝑦𝑒𝑎𝑟 𝑎𝑣𝑔 𝑜𝑓 𝑤𝑎𝑠𝑡𝑒𝑤𝑎𝑡𝑒𝑟 𝑡𝑟𝑒𝑎𝑡𝑒𝑑 (𝑔𝑎𝑙)𝑥 1,000 )𝑥 3 =𝑃𝑟𝑒𝑚𝑖𝑢𝑚 𝑇𝑟𝑒𝑎𝑡𝑚𝑒𝑛𝑡 𝑅𝑎𝑡𝑒
Page - 21
Charges for IAWWTF Carrying Costs
IAWWTF Carrying Costs for each calendar year are calculated by determining the
percentage of IAWWTF capacity that had to be reserved for diverted flows (divide the
highest flow diverted over a rolling 24 hour period by 13.1 MGD, which is the
IAWWTF’s design capacity). Multiply that percentage by the then-current IAWWTF
calendar year budget. Multiply that product by 5% (the 5% is an assumed carrying
cost/year for the IAWWTF Owners).
((ℎ𝑖𝑔ℎ𝑒𝑠𝑡 𝑑𝑖𝑣𝑒𝑟𝑡𝑒𝑑 𝑓𝑙𝑜𝑤 (𝑔𝑎𝑙)
13,100,000 )𝑥 𝑎𝑛𝑛𝑢𝑎𝑙 𝑏𝑢𝑑𝑔𝑒𝑡) 𝑥 .05 =𝑎𝑛𝑛𝑢𝑎𝑙 𝑐𝑎𝑟𝑟𝑦𝑖𝑛𝑔 𝑐𝑜𝑠𝑡
Carrying Costs for 2021 and 2022 are due within forty five (45) days of the Village of
Cayuga Heights’ receipt of an invoice for same after full execution of this Agreement.
All other Carrying Costs will be billed on an annual basis and are due within forty five
(45) days of invoice receipt.
Annual Fee charge for conveyance (transmission) of diverted flows to the IAWWTF
The parties have agreed that the Annual Fee covering conveyance (aka transmission) of
Village of Cayuga Heights wastewater to the IAWWTF is fixed at Ten Thousand Five
Hundred Dollars and No Cents ($10,550.00) per calendar year. This amount will be billed
on an annual basis and is due within forty five (45) days of invoice receipt. The 2021 and
2022 Annual Fees are due within forty five (45) days of the Village of Cayuga Heights’
receipt of an invoice for same after full execution of this Agreement.
Fees for Inoperable/Inaccurately Recording Flow Meter
When the Kline Road flow monitoring station is inoperable or provides inaccurate
readings over a continuous period of three (3) hours or less, the diverted flow for that
period shall be calculated, recorded and charged as set forth in Section 4.4(a).
When the Kline Road flow monitoring station is inoperable or provides inaccurate
readings over a continuous period of more than three (3) hours and flow diversions occur
(or are reasonably expected to be occurring during periods when the Kline Road bypass is
open), the diverted flow for that period shall be calculated, recorded and charged as set
forth in Section 4.4(b).
The following worksheets show the basis for 2021 and 2022 charges.
Page - 22
[insert 2021 & 2022 Worksheets here]
Page - 23
EXHIBIT C
KLINE ROAD BYPASS DRAWING
Page - 24
EXHIBIT D
MAP OF VILLAGE OF CAYUGA HEIGHTS PARCELS FROM WHICH FLOWS
MAY BE DIVERTED TO THE IAWWTF VIA KLINE ROAD BYPASS
Page - 25
EXHIBIT E
UNIFORM PRETREATMENT LAWS FOR IAWWTF
Page - 26
EXHIBIT F
GOVERNING BODY RESOLUTIONS
(to be added)
Item 3
MEETING OF THE ITHACA TOWN BOARD
December 30, 2025
TB Resolution 2025 - : Authorization to increase the budget, award, and execute General,
Mechanical and Electrical Contracts for the Town of Ithaca 2nd Floor & Court Office
Renovation Project
Whereas, the Town Board allocated $1.2 million for the Town of Ithaca 2nd Floor & Court Office
Renovation Project Construction Contracts (Project), for the removal of hazardous materials
remediation and installation of elements such as walls, ceilings, floors, doors, and windows, along
with plumbing, mechanical, electrical, and lighting systems installations at Town Hall in the 2025
Town Budget, and
Whereas, the Town solicited and received bids in March of 2025 for the Project, totaling over
$1.92 million (with contingencies), and
Whereas the Town Engineer suggested the higher costs were due to a poor bidding environment
and the Town Board rejected the bids and authorized rebidding the project in December 2025, and
Whereas, on December 8, 2025, the Town received the second round of bids for the Project and
the Town Engineer has reviewed the bids and has determined that the lowest responsive and
responsible bidders are as shown:
Table 1
Construction
Contract Bidder Bidder Adress Bid Amount
General Aventus NV,
Inc. 1461 Country Road 6 Phelps, NY 14532 $1,276,825.00
Mechanical
DFM
Mechanical
Services, Inc.
390 Peruville Rd, Freeville, NY 13068 $74,480.00
Plumbing
DFM
Mechanical
Services, Inc.
390 Peruville Rd, Freeville, NY 13068 $80,465.00
Electrical Matco Electric
Corporation 3913 Gates Road Vestal, NY 13850 $89,500.00
Construction Contract Total = $ 1,521,270.00
Construction Contingency, Special Inspections and Testing, Utility Fees (10%) = $ 152,127.00
Project Total = $ 1,673,397.00
Now, therefor be it
Resolved, the Town Board authorizes the budget amendment for the Project at a cost not to exceed
$1,673,397 and approves the award and execution of the contracts for the Project as detailed in
Table 1, subject to final approval by the Town Engineer and review by the Attorney for the Town,
and be it further
TB 2025-XXX
Resolved, the Town Engineer is authorized to approve change orders to said contracts, order
special inspections and testing, and pay utility modification fees at a cost not to exceed
$152,127.00 in aggregate, upon receipt of appropriate justification.
Moved: Seconded:
Vote:
Item 6
1
MEETING OF THE ITHACA TOWN BOARD
December 30, 2025
TB Resolution 2025 - : Consent Agenda
Resolved that the Town Board approves/authorizes the following items:
a. Approval of Town Board Minutes
b. Approval of Town of Ithaca Abstract
c. Approval of provisional appointment of Human Resources and Finance Specialist -
Wood
d. Set public hearings for January 12, 2026 regarding proposed local laws for Stewart and
Cass Park Monetary Support Senior/Certain Disabled Persons Tax Exemptions, and
Definition of “ordinary high water”
e. Approval of Transfer to Open Space Fund
f. Authorization of an extension of the existing contract with Barton and Loguidice, D.P.C.
for Site Design and Development Criteria Manual
g. Authorization to update contract with Taitem Engineering in support of Ithaca Energy
Code Supplement Implementation
h. Approval of designation and sale of Surplus Equipment
TB Resolution 2025 - a: Approval of Town Board Minutes
Resolved that the Town Board approves the draft minutes of November 24, and December 8,
2025 as submitted with any non-substantial changes made.
TB Resolution 2025 - b: Town of Ithaca Abstract
TB Resolution 2025 – c: Approve Provisional Appointment of Human Resources &
Finance Specialist - Wood
Whereas there is a vacancy in the Human Resources & Finance Specialist position for the Human
Resources Office; and
Whereas the Interview Committee interviewed eight candidates from an open recruitment for the
position; and
Whereas the Committee has determined that Victoria Wood possesses the necessary knowledge
and skills to satisfactorily perform the duties of the position; and
Whereas Judith Drake, Human Resources Manager appointed Victoria Wood as Human Resources
& Finance Specialist, effective December 22, 2025; now, therefore be it
Resolved the Town Board of the Town of Ithaca does hereby approve the provisional appointment
of Victoria Wood as Human Resources & Finance Specialist position for the Human Resources
Item 6
2
Office, effective December 22, 2025; and be it further
Resolved that the position is at 37.5 hours per week, at the hourly wage of $38.75, which is an
estimated annual salary of $75,562.50 from A1430.100, in Job Classification “E”, with full time
benefits; and be it further
Resolved, the said appointment is a provisional appointment pending the results from the next
civil service exam for this position.
TB Resolution 2025 - d: Set public hearings for January 12, 2026
Resolved that the Town Board will hold public hearings at its meeting held on January 12, 2026,
beginning at 5:30 p.m. local time, at Town Hall, 215 N Tioga St, regarding proposed local laws
amending Town of Ithaca Code:
1. Authorizing a monetary gift to the City of Ithaca to support Cass Park and Stewart Park
recreational facilities, and
2. Amending the definition of “ordinary high water level” in Chapter 270, Zoning, and
3. Amending exemptions for Senior Citizens and Certain Disabled Persons with Limited
Income, Chapter 239, Taxation
Comments can be made in person or via the ZOOM audio/visual platform, in person or
mailed/emailed up until 3pm the day of the meeting to the Town Clerk’s office.
Links to the proposed local laws and for the ZOOM platform are available on our website at
www.townithacany.gov
TB Resolution 2025 - e: Approval of transfer of funds to the Open Space Fund
Whereas, the Parks, Recreation and Open Space Plan account was created by the Town Board on
October 2, 1997, for the future development of parks, preservation of open space, and acquisition
of development rights; and
Whereas, the Town Board indicated its intention to increase the Parks, Recreation and Open
Space Plan account by $ 100,000 in the 2025 Town Budget; now, therefore, be it
Resolved, the Town Board authorizes the Finance Officer to transfer $100,000 from the
unreserved General Townwide Fund account to the Parks, Recreation and Open Space P1an
account.
TB Resolution 2025 – f: Authorization to Extend Contract for Creation of a Site Design
and Development Criteria Manual
Whereas on May 14, 2024, the Town Board authorized an agreement with Barton & Loguidice
(B&L) for the creation of the Ithaca Site Design and Development Criteria Manual at a cost not
to exceed $87,043.00 with a term through September 1, 2025, and
Item 6
3
Whereas on August 25, 2025, the Town Board authorized the extension of said contract through
December 31, 2025, and
Whereas there is a need to amend the contract to extend the term through December 31, 2026,
with no increase in costs, now, therefore be it
Resolved that the Town Board approves the Modification Agreement No. 2 contract extension
for the Town of Ithaca Site Design and Development Criteria Manual with B&L through
December 31, 2026, and authorizes the Town Supervisor to execute said contract extension,
subject to review by the Attorney for the Town.
TB Resolution 2025 - g: Authorization to execute a contract with Taitem Engineering in
Support of Ithaca Energy Code Supplement (IECS) Implementation
Whereas, the Town entered into a contract with Taitem Engineering as an external consultant to
provide technical assistance in researching and developing the next phase of the Ithaca Energy
Code Supplement (IECS); and
Whereas, the existing contract (executed on May 12, 2025) ends on December 31, 2025; and
Whereas, in 2026, the Town of Ithaca will need additional technical assistance from Taitem
Engineering to support the implementation of the new Town of Ithaca Code Chapter 14, “Ithaca
Energy Code”; now, therefore be it
Resolved, that the Town Board approves and authorizes the Supervisor to sign a new contract
with Taitem Engineering to continue technical services associated with the IECS
implementation, through December 31, 2026, for a cost not to exceed $10,000, using the
financial assistance from the NYSERDA Stretch to Zero pilot program.
TB Resolution 2025 – h: Designation and Authorization of Sale of Surplus Item
Whereas, a municipal online auction is held from time to time hosted by Auctions International
located in East Aurora, NY, and
Whereas, certain items have become surplus/no longer needed by the Town, and
Whereas, the Town of Ithaca Department of Public Works attempted to auction a Metso Material
Screen through Auctions International in January of 2025 and received a closing bid of $23,300.
Whereas, the Town did not accept the Auctions International closing bid due to not being able to
find a replacement material screen that was available, and
Whereas during the auction process the Town of Danby Highway Department showed interest in
the material screen and offered to buy it from the Town of Ithaca Department of Public Works
when the Town found a new material screen, and
Item 6
4
Whereas the Highway Superintendent discussed a price with the Town of Danby Highway
Department for this Metso screen and they are offering $18,000 for the equipment, and
Whereas the Town of Ithaca department heads discussed this internally and determined that this
price is an acceptable offer for the equipment, now therefore be it
Resolved, that the Town Board declares said above-described equipment to be surplus and no
longer needed by the Town and authorizes said item to be sold to the Town of Danby Highway
Department for $18,000 with the proceeds from the sale going into the appropriate funds.
Adopted
TOWN OF ITHACA
LOCAL LAW _ OF THE YEAR 2026
A LOCAL LAW AMENDING CHAPTER 239 OF THE TOWN OF ITHACA CODE,
TITLED “TAXATION,” REGARDING EXEMPTIONS FOR SENIOR CITIZENS AND
CERTAIN DISABLED PERSONS WITH LIMITED INCOMES
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 239 (Taxation), Article I (Senior Citizens Exemption) of the Town
of Ithaca Code, Section 239-2A, titled “Grant of exemption” is amended by deleting the
income/exempt percentage schedule in subparagraph A and replacing it with the following
income/exempt percentage schedule:
Annual Income of Owner or
Percentage Assessed Valuation
Combined Annual Income of Owners
Exempt from Taxation
Up to and including $33,500 65%
More than $33,500 but less than $34,500 60%
$34,500 or more but less than $35,500 55%
$35,500 or more but less than $36,500 50%
$36,500 or more but less than $37,500 45%
$37,500 or more but less than $38,500 40%
$38,500 or more but less than $39,500 35%
$39,500 or more but less than $40,400 30%
$40,400 or more but less than $41,300 25%
$41,300 or more but less than $42,200 20%
$42,200 or more but less than $43,100 15%
$43,100 or more but less than $44,000 10%
$44,000 or more but less than $44,900 5%”
Section 2. Chapter 239 (Taxation), Article I (Senior Citizens Exemption) of the Town
of Ithaca Code, Section 239-5, titled “When effective” is amended by replacing the two references
to“2025” with “2026” so that this section reads as follows:
“The schedule in § 239-2A shall apply to assessment rolls prepared on the basis of taxable
status dates occurring on or after March 1, 2026. With respect to assessment rolls prepared
on the basis of taxable status dates prior to March 1, 2026, the partial exemption allowed
by the Town of Ithaca shall be limited to qualified properties, to those persons otherwise
qualified under, and to the amounts permitted by, the applicable Town of Ithaca local laws
in effect on the relevant taxable status date.”
Section 3. Chapter 239 (Taxation), Article IV (Exemption for Certain Disabled Persons
with Limited Incomes) of the Town of Ithaca Code, Section 239-12A, titled “Grant of exemption;
conditions” is amended by deleting the income/exempt percentage schedule in subparagraph A
and replacing it with the following income/exempt percentage schedule:
Adopted
Annual Income of Owner or
Percentage Assessed Valuation
Combined Annual Income of Owners
Exempt from Taxation
Up to and including $33,500 65%
More than $33,500 but less than $34,500 60%
$34,500 or more but less than $35,500 55%
$35,500 or more but less than $36,500 50%
$36,500 or more but less than $37,500 45%
$37,500 or more but less than $38,500 40%
$38,500 or more but less than $39,500 35%
$39,500 or more but less than $40,400 30%
$40,400 or more but less than $41,300 25%
$41,300 or more but less than $42,200 20%
$42,200 or more but less than $43,100 15%
$43,100 or more but less than $44,000 10%
$44,000 or more but less than $44,900 5%”
Section 4. Chapter 239 (Taxation), Article IV (Exemption for Certain Disabled Persons
with Limited Incomes) of the Town of Ithaca Code, Section 239-15, titled “When effective” is
amended by replacing the two references to “2025” with “2026” so that this section reads as
follows:
“The schedule in § 239-12A shall apply to assessment rolls prepared on the basis of taxable
status dates occurring on or after March 1, 2026. With respect to assessment rolls prepared
on the basis of taxable status dates prior to March 1, 2026, the partial exemption allowed
by the Town of Ithaca shall be limited to qualified properties, to those persons otherwise
qualified under, and to the amounts permitted by, the applicable Town of Ithaca local laws
in effect on the relevant taxable status date.”
Section 5. If any provision of this local law is found invalid by any court of competent
jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall
remain in full force and effect.
Section 6. This local law shall take effect immediately upon filing with the Secretary
of State of the State of New York.
Adopted XXXX
TOWN OF ITHACA
LOCAL LAW NO. OF THE YEAR 2026
A LOCAL LAW AUTHORIZING A MONETARY GIFT TO THE CITY OF ITHACA
TO SUPPORT CASS PARK AND STEWART PARK RECREATIONAL FACILITIES
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Authorization. This local law is adopted pursuant to New York
Municipal Home Rule Law §10(1)(i), which grants local governments the power to adopt local
laws not inconsistent with the New York State Constitution or any general law relating to their
property, affairs or government. The New York State Constitution, Article VIII, § 1, does not
prohibit municipalities from making gifts to or in aid of public entities for public purposes.
Section 2. Purpose. The purpose of this local law is to authorize the Town of Ithaca
to make a gift to the City of Ithaca to support the City’s Cass Park pool and skating rink, and the
City’s recreational facilities at Stewart Park. The Town of Ithaca intends to give the City of
Ithaca One Hundred Thousand Dollars ($100,000.00) in 2026 to support these facilities, which
are used by Town of Ithaca residents and serve a Town of Ithaca public purpose. In exchange,
the City of Ithaca will offer Town of Ithaca residents a discount on recreation programs valued at
approximately Sixty-two Thousand Dollars ($62,000). This law authorizes the Town of Ithaca to
make a gift to the City of Ithaca to the extent the Town’s payments to the City exceed the
monetary benefit of the discounts received by Town residents.
Section 3. Gift to City of Ithaca. Upon execution of a Memorandum of
Understanding between the Town of Ithaca and the City of Ithaca, the Town of Ithaca is
authorized to make a gift to the City of Ithaca, pursuant to the Memorandum of Understanding’s
terms, in the amount and for the purposes described in Section 2 above.
Section 4. Partial Invalidity. 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 5. Effective Date. This local law shall take effect immediately upon its
filing with the New York Secretary of State.
TOWN OF ITHACA
LOCAL LAW NO. ___ OF THE YEAR 2025
A LOCAL LAW AMENDING THE DEFINITION OF ORDINARY HIGH WATER LEVEL
IN TOWN OF ITHACA CODE CHAPTER 270, ZONING
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca Code,
Section 270-5 (Definitions), is amended by replacing the definition of “Ordinary High Water
Level” with a new definition reading as follows:
“The ordinary high water level for Cayuga Lake is the value for Cayuga Lake’s
“Mean High Water Elevation” shown in the table in 6 NYCRR § 608.11(a), as it
may be amended from time to time.
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 upon its filing with the New York
State Secretary of State.
Modification Agreement No. 2 Between the
Town of Ithaca And
Barton & Loguidice, D.P.C.
For the
Site Design and Development Criteria Manual
This Modification Agreement No. 2 (“Modification”) is made as of December 30, 2025 , by and between the
Town of Ithaca, NY (“Town”), a municipal corporation with offices at 215 N. Tioga St., Ithaca, NY 14850, and
Barton & Loguidice, D.P.C., 443 Electronics Parkway, Liverpool, NY 13088 (“Engineer”):
1. The parties hereby agree to modify the Main Agreement dated October 1, 2024, and Modification
Agreement No. 1 dated August 27, 2025, related to the Site Design and Development Criteria Manual,
entered into pursuant to previous municipal resolution;
2. This Modification extends the current Contract Completion date of the Main Agreement and any
Supplemental Agreements from December 31, 2025, to December 31, 2026;
3. This completion date extension in itself does not add cost to the Project;
4. All other terms and conditions of the Main Agreement shall remain in effect.
BARTON & LOGUIDICE, D.P.C.
By: Kenneth M. Knutsen, P.E.
Title: Sr. Vice President
TOWN OF ITHACA, NY
By: Rod Howe,
Title: Supervisor, Town of Ithaca
MEETING OF THE ITHACA TOWN BOARD
December 30, 2025
TB Resolution 2025 –XX: Authorization to Extend Contract for Creation of a Site Design
and Development Criteria Manual
Whereas at their May 14, 2024, meeting the Town Board authorized the Town Supervisor to sign
a contract agreement with Barton & Loguidice (B&L) for the creation of the Ithaca Site Design
and Development Criteria Manual from August 1, 2024 to September 1, 2025, and
Whereas at their August 25, 2025, meeting the Town Board authorized the Town Supervisor to
sign a contract modification agreement with Barton & Loguidice (B&L) to extend the contract
for the creation of the Ithaca Site Design and Development Criteria Manual from September 1,
2025, to December 31, 2025, and
Whereas the Director of Planning and Director of Engineering, respectively, have reviewed the
March 20, 2024 proposal and qualifications of B&L and recommended approval by the Town
Board for the initial development of Site Design and Development Criteria Manual, not to
exceed $87,043, and
Whereas this joint project of the Town’s Engineering and Planning Departments – to develop a
Town of Ithaca Site Design and Development Criteria Manual – intends to clarify the Town’s
expectations for design, construction, operation, and maintenance of municipal infrastructure,
now, therefore be it
Resolved that the Town Board approves the Modification Agreement No. 2 contract extension
for the Town of Ithaca Site Design and Development Criteria Manual with B&L through
December 31, 2026, and authorizes the Town Supervisor to execute said contract extension,
subject to review by the Attorney for the Town.
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Town of Ithaca and Taitem Engineering
Agreement for Services
THIS AGREEMENT is made this _______ day of January 2026 between the
TOWN OF ITHACA with offices at 215 N. Tioga St., Ithaca, NY 14850 (hereinafter
referred to as the “Town”) and TAITEM ENGINEERING, whose address is 110 South
Albany Street, Ithaca, NY 14850 (hereinafter referred to as the “Contractor”).
The Town and Contractor agree as follows:
1. Services to be Performed. Contractor agrees to perform the following services for
the Town:
• Provide additional guidance and analyses to the Town as needed in relation to the 2025
NYS Energy Conservation Construction Code and Ithaca Energy Code Supplement.
• Participate in in-person and/or virtual meetings with Town of Ithaca, NYSERDA and
other stakeholders to discuss implementation of the Ithaca Energy Code Supplement. In-
person meetings will take place in Ithaca, NY.
2. Fees. The Contractor shall be paid on an hourly basis for services provided,
according to the rate schedule below. Hourly rates include all travel, time and expenses
associated with providing these services to the Town.
Rate Schedule:
Special Consultant: $230.00/hour
Distinguished Engineer, Partner: $225.00/hour
Senior Energy Analyst I: $155.00/hour
Senior Engineer II: $150.00/hour
Total payment under this contract shall not exceed $10,000.00. This payment shall be made
in accordance with the procedures in Section 5 below.
3. Term of Agreement. The term of this Agreement shall be from January 1,
2026 to December 31, 2026, unless earlier terminated by either party. Notwithstanding
the term set forth above, this Agreement may be terminated by either party at any time
without cause upon seven (7) days prior written notice to the other party, in which case the
Contractor shall be paid pro rata for the satisfactory work performed to the date of
termination. This Agreement may be terminated immediately by either party upon the
breach of any of its terms by the other party. Termination shall be effected by the breaching
party's receipt of a written notice of termination setting forth the manner in which the party
is in default. In the event of the Town's termination for Contractor's default, the Contractor
will be paid only for services performed in accordance with this Agreement. If it is later
determined by the Town that the Contractor had an excusable reason for not performing,
such as a strike, fire, flood, or other events which are not the fault of or are beyond the
control of Contractor, the Town may allow the Contractor to continue work or treat the
termination as a termination without cause.
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4. Quality of Work. The work to be performed hereunder shall be of good quality.
If this Agreement is for the performance of services, the Contractor shall perform its
services using that degree of skill and care ordinarily exercised under similar conditions by
experienced, qualified, competent and reputable professionals practicing in the same field
in the same or similar locality at the time of performance.
5. Payment for Services. Requests for payments for services shall be submitted on
the standard Town voucher, which will list the activities or products, expenses, the dates
on which performed, supplied or incurred, and, if applicable, the time spent on each
indicated date for which the Town is being billed. Unless otherwise agreed, the vouchers
shall be submitted monthly covering services for the preceding month. The Town Board
will review same and, if acceptable, pay for the services and/or products after submission
of the vouchers to the Town Board and approval of same by the Board in compliance with
the Town Board's statutory duties to audit claims for payment. In no event will the total
payments to Contractor exceed the lump sum stated in Section 2 above.
6. Relationship. The Contractor is, for all purposes (including, without limitation,
withholding of income tax, payment of worker's compensation, and payment of FICA
taxes) an independent contractor and no employer-employee relationship is intended,
implied or created by this Agreement. Contractor shall determine the times and manner of
performance of any services for the Town hereunder consistent with the overall obligations
to complete the work contemplated by this Agreement. Contractor shall be free to devote
such portions of its time not required for the performance of services to the Town in such
manner as Contractor sees fit and for such other persons, firms, or entities as Contractor
deems advisable, provided that such other services do not constitute a conflict of interest
with the interests of the Town.
7. Ownership of Products of Service. All work products of any services to be
performed hereunder shall be the property of the Town, and the Town is vested with all
rights therein, including the right to use, duplicate, distribute, share or sell such materials,
without any further compensation of any nature to Contractor. If patents or copyrights may
be obtained with respect to such work, the Town shall own same and have all rights to
same without further compensation to the Contractor. The Contractor retains the right to
use the information also.
8. Insurance Requirements.
A. Throughout the term of this Agreement, Contractor shall procure and maintain the
insurance described in this Section 8.
B. Notwithstanding any terms, conditions or provisions in any other writing between the
parties, Contractor hereby agrees to effectuate the naming of the Town as an unrestricted
additional insured on Contractor's insurance policies, with the exception of workers'
compensation and professional liability.
C. The Contractor agrees to indemnify the Town for any applicable deductibles.
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D. The Contractor/Subcontractor shall purchase and maintain insurance of the following types
of coverage and limits of liability:
1) Commercial General Liability (CGL) with limits of Insurance of not less than
$1,000,000 each occurrence and $2,000,000 Annual Aggregate.
a) If the CGL coverage contains a General Aggregate Limit, such General Aggregate
shall apply separately to each project.
b) CGL coverage shall be written on ISO Occurrence form CG 00 01 1093 or a
substitute form providing equivalent coverage and shall cover liability arising from
premises, operations, independent contractors, products-completed operations, and
personal and advertising injury.
c) General Contractor, Owner and all other parties required of the General Contractor,
shall be included as insureds on the CGL, using ISO Additional Insured
Endorsement CG2010 (11/85) or CG2010 (04/13) AND CG2037 (04/13) or
CG2037 (04/13) AND CG2038 (04/13) or an endorsement providing equivalent
coverage to the additional insureds. This insurance for the additional insureds shall
be as broad as the coverage provided for the named insured
Contractor/Subcontractor. It shall apply as Primary and non-contributing Insurance
before any other insurance or self-insurance, including any deductible, maintained
by, or provided to, the additional insured.
d) Contractor/Subcontractor shall maintain CGL coverage for itself and all additional
insureds for the duration of the project and maintain Completed Operations
coverage for itself and each additional insured for at least 3 years after completion
of the Work.
2) Automobile Liability
a) Business Auto Liability with limits of at least $1,000,000 each accident.
b) Business Auto coverage must include coverage for liability arising out of all owned,
leased, hired and non-owned automobiles.
c) General Contractor, Owner and all other parties required of the General Contractor,
shall be included as insureds on the auto policy.
3) Commercial Umbrella
a) Umbrella limits must be at least $5,000,000.
b) Umbrella coverage must include as insureds all entities that are additional insureds
on the CGL.
c) Umbrella coverage for such additional insureds shall apply as primary before any
other insurance or self-insurance, including any deductible, maintained by, or
provided to, the additional insured other than the CGL, Auto Liability and
Employers Liability coverages maintained by the Contractor/Subcontractor.
4) Workers Compensation and Employers Liability - Statutory coverage complying with
New York Workers' Compensation Law Section 57 General Municipal Law Section
125, Contractor must submit one of the following:
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• CE-200 - Certificate of Attestation of Exemption from NYS Workers'
Compensation
available at www.web.state.ny.us, OR
• C-105.2 - Certification of NYS Workers' Compensation Insurance, OR
• U-26.3 - State Insurance Fund version), OR
• SI-12 - Certificate of NYS Workers' Compensation Self Insurance, OR
• GSI-105.2 - Certificate of NYS Workers' Compensation Group Self-Insurance
5) Disability Benefits Coverage - Statutory coverage complying with NYS Workers'
Compensation Law Section 220 (8) under General Municipal Law Section 125,
Contractor must submit one of the following:
• CE-200 - Certificate of Attestation of Exemption from NYS Disability Benefits
Coverage available at www.web.state.ny.us, OR
• DB120.1 - Certification of Disability Benefits Insurance, OR
• DB155 - Certificate of Disability Self-Insurance
E. Waiver of Subrogation
Contractor/Subcontractor waives all rights against Contractor, Owner and Architect and
their agents, officers, directors and employees for recovery of damages to the extent these
damages are covered by commercial general liability, commercial umbrella liability,
business auto liability or workers compensation and employers liability insurance
maintained per requirements stated above.
Attached to each certificate of insurance shall be a copy of the Additional Insured
Endorsement that is part of the Contractor/Subcontractor's Commercial General Liability
Policy. These certificates and the insurance policies shall contain a provision that coverage
afforded under the policies will not be canceled or allowed to expire until at least 30 days prior
written notice has been given to the Contractor.
F. The insurance producer must indicate whether or not it is an agent for the companies
providing the coverage.
G. Contractor acknowledges that failure to obtain such insurance on behalf of the Town
constitutes a material breach of contract and subjects it to liability for damages,
indemnification and all other legal remedies available to the Town. The Contractor is to
provide the Town with a certificate of insurance, evidencing the above requirements have
been met, prior to the commencement of work or use of facilities. The failure of the Town to
object to the contents of the certificate or the absence of same shall not be deemed a waiver
of any and all rights held by the Town.
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H. The Town is a member/owner of the NY Municipal Insurance Reciprocal (NYMIR).
The Contractor further acknowledges that the procurement of such insurance as required
herein is intended to benefit not only the Town but also the NYMIR, as the Town's insurer.
9. Workers Compensation and Disability Insurance. Upon execution of this
Agreement, the Contractor shall present to the Town proof either that the Contractor
provides the levels of workers' compensation and disability coverage required by the State
of New York or that the Contractor is not required to provide such coverage.
10. Indemnity. To the fullest extent permitted by law the Contractor agrees to fully
defend, indemnify and hold harmless the Town, its elected officials, public officers,
employees, and agents from and against all claims, actions, suits, demands, damages,
liabilities, obligations, losses, settlements, judgments, costs and expenses (including
without limitation reasonable attorney's fees and costs), whether or not involving a third
party claim, which any or all of them may incur, resulting from bodily injuries (or death)
to any person, damage (including loss of use) to any property, other damages, or
contamination of or adverse effects on the environment, caused by the negligent acts or
omissions of Contractor or Contractor's employees, agents or subcontractors, in connection
with this Agreement. To the extent the Town is negligent, Contractor's duty to indemnify
the Town shall not extend to the proportion of loss attributable to the Town's negligence.
11. Contractor May Not Assign. This Agreement may not be assigned by the
Contractor without the previous written consent to such assignment from the Town, which
consent may be withheld entirely at the discretion of the Town, it being understood that the
Town is making this Agreement personally with the Contractor and is not intending that it
be performed by any other person or entity.
12. Binding Nature of Agreement. This Agreement is binding upon the parties,
their respective representatives and successors and, when assignment is permitted, assigns.
13. Governing Law, Jurisdiction, and Enforcement. This Agreement is made in
New York, and shall be construed under the laws of the State of New York without regard
to, or the application of, New York State's choice of law provisions. Both parties consent
that if any action is brought to enforce this Agreement, it shall be brought in an appropriate
Court in Tompkins County, New York, and both parties consent to the jurisdiction of such
court.
14. Notices. Any notices or other communications given under or in relation to
this Agreement shall be deemed duly given if served personally or by commercial courier
service upon the other party at the address set forth above, or, if the mails are operating,
mailed by certified mail to the other party at the address set forth above, return receipt
requested. All notices shall be effective upon the date of receipt. Either party may change
the address to which notices are sent by giving notice of such change in the manner set
forth above to the other party.
TOWN OF ITHACA TAITEM ENGINEERING, PC
By: By: ___________________
Rod Howe Lou Vogel
Town Supervisor Distinguished Engineer, Partner
Date: _______________________ Date: ____________________