HomeMy WebLinkAboutMN-CC-2013-11-06COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. November 6, 2013
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, Dotson, Murtagh, Clairborne, McCollister, Fleming, Smith,
Kerslick, Proulx, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
PROCLAMATIONS/AWARDS:
Presentation of the Annual Employee Recognition Award
Mayor Myrick presented the Annual Employee Recognition Award to Sergeant Jake
Young of the Ithaca Police Department. Sgt. Young was nominated for the award by
Deputy Police Chief Peter Tyler for assuming the role of training coordinator and
transforming the IPD training program into an efficient system that employs better use of
in-house instructors, and empowering and developing them to be able to carry larger
responsibility within IPD. Sgt. Young also assumed a leadership role with the SWAT
team and serves on the City’s Special Events Team.
SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing to Consider the Mayor’s Proposed Executive Budget for
2014 as approved by the Committee of the Whole
Resolution to Open Public Hearing:
By Alderperson Proulx: Seconded by Alderperson Kerslick
RESOLVED, That the public hearing to consider the Mayor’s Proposed Executive
Budget for 2014 as approved by the Committee of the Whole be declared open.
Carried Unanimously
Fay Gougakis, City of Ithaca voiced her concern about the rise in crime rates in the City
and advocated for the addition of police officers to the budget. She noted her
opposition to the proposed new Deputy Police Chief position as she feels that more
officers are needed to patrol the City. She further commented on the level of financial
contributions that Cornell University offers the City and stressed that the University
needs to start investing in the community.
Resolution to Close Public Hearing:
By Alderperson Proulx: Seconded by Alderperson Kerslick
RESOLVED, That the public hearing to consider the Mayor’s Proposed Executive
Budget for 2014 as approved by the Committee of the Whole be declared closed.
Carried Unanimously
SPECIAL PRESENTATIONS BEFORE COUNCIL:
TCAT General Manager Joe Turcotte shared a presentation with Council that detailed
TCAT’s 2014 draft budget. He noted that ridership is steadily increasing, and at times
the buses are filled to capacity and they are forced to leave passengers behind for the
next bus. He shared 5-year operating and capital budget projections and spoke briefly
about the need for bus replacements, a facility expansion, and information technology
upgrades. He clarified Tompkins County’s contributions between the mortgage
recording tax and their partner share of capital expenses and apologized for the
confusion caused at a previous meeting.
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PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Jemma Macera, City of Ithaca, offered Common Council energy saving tips and
demonstrated how plexiglass offers window insulation. She further shared concerns
regarding having to purchase yard waste tags to remove leaves from her lawn that
came from either the City’s street trees or her neighbors trees.
Joel Harlan, Town of Newfield, referenced an Ithaca Times article about the Community
Gardens and offered his opinion on the matter. He further voiced his pride in being
actively involved in a community that receives national attention and rankings but noted
that the City has many challenges that lay ahead.
Dan Hoffman, City of Ithaca, Legal Counsel for Project Growing Hope, shared the
history of the City’s lease with the Community Gardens through the current negotiations.
He stated that the proposed lease is an acceptable compromise to the group’s original
requests.
Fay Gougakis, City of Ithaca, spoke about the varied safety concerns that tinted
windows on vehicles create. She further spoke about poor bicyclist behaviors, the need
for Cornell University to invest in their community, and the need for additional police
officers.
Caleb Thomas, City of Ithaca, Public Art Commission member, offered his
congratulations to the newly elected Council members. He stated that the Public Art
Commission would like to request approximately $12,000 in funding so they can hold
contests and open competitions as a means to secure public art pieces.
Cynthia Yahn, City of Ithaca, owner of Building Links, stated that key information used
by Project Growing Hope to motivate Common Council was false. She further shared
the economic development possibilities for Carpenter Business Park.
William Foster, Attorney for the owners of Carpenter Business Park, stated that he has
been working for 10 years on this project and although there may be differences in
opinion and approach, everyone is trying to do what is right for Ithaca.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Murtagh thanked Ms. Macera for her energy savings tips and inquired into
the status of the City’s Energy Action Plan. Alderperson Proulx noted that the plan is
nearly complete and should be coming to the next City Administration Committee
meeting for consideration.
He further responded to the funding request from the Public Art Commission noting that
it is a little too late and not detailed enough to be considered as part of the 2014 budget
submissions but he would be willing to support something like this in the future.
Alderperson Smith responded to comments made by Mr. Thomas on behalf of the
Public Art Commission noting that he agrees with Alderperson Murtagh.
Alderperson Brock noted that it would be great to offer financial support all of the City’s
committees and the initiatives that they are working on.
CITY ADMINISTRATION COMMITTEE:
9.1 An Ordinance Approving a Lease of City – Owned Property
By Alderperson Proulx: Seconded by Alderperson Dotson
ORDINANCE __-2013
An Ordinance Approving a Lease of City-Owned Property
WHEREAS, the City of Ithaca/Ithaca Urban Renewal Agency (IURA) executed a
Purchase Agreement with Building Links, Inc. in 1999 for approximately eight acres of
undeveloped land zoned I-1 located in Carpenter Business Park (CBP), which gave
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Building Links, Inc. an option (the “Option”) to purchase Carpenter Business Park Tax
Parcel 36.-1-3.4, which Option was subsequently defined in a 2002 agreement;
WHEREAS, the City leased CBP Tax Parcel 36.-1-3.4 to Project Growing Hope, Inc. for
a twenty-year term expiring on December 31, 2013 for use as a community garden;
WHEREAS, the City of Ithaca and Project Growing Hope Inc. collaborated to raise the
necessary funds for the creation of a community garden at CBP Tax Parcel 36-1-3.4;
WHEREAS, the City of Ithaca, in anticipation of future development invested over
$500,000 to build the infrastructure necessary for commercial development in the
former Carpenter Business Park;
WHEREAS, included in the sale of Carpenter Business Park was a purchase option of
the City owned parcels leased by Project Growing Hope, Inc., which option could only
be exercised during the term of the lease with the approval of Project Growing Hope,
Inc.;
WHEREAS, upon expiration of the lease, said option could be exercised if the Common
Council decided not to extend or renew the lease with Project Growing Hope, Inc.;
WHEREAS, it is generally agreed upon that the Carpenter Business Park is an
appropriate location for economic development;
WHEREAS, Building Links, Inc. provided notice and payment dated July 1, 2013 of its
intent to exercise the purchase option, said exercise effective only in the event that
Project Growing Hope, Inc. is not in possession of an executed lease effective January
1, 2014;
WHEREAS, Project Growing Hope, Inc. has approached the City requesting renewal of
the lease;
WHEREAS, it is generally agreed that community gardening is a valuable public benefit
for City residents;
WHEREAS, General Municipal Law Section 96 recognizes that allowing City-held lands
to be used for community gardening is a valid exercise of municipal powers and grants
the City the right to make such lands available for community gardening for such period
of time and under such conditions as it determines;
WHEREAS, the Common Council, on September 19, 2012, directed the Mayor and City
Attorney to negotiate a new lease agreement with Project Growing Hope, Inc. for the
Carpenter Business Park community garden;
WHEREAS, the Common Council resolved that the City’s renewed agreement with
Project Growing Hope Inc. would include specific conditions that, when all met, would
allow early termination of the lease:
• Final Site Plan approval by the City of Ithaca Planning Board for the development
of the lands comprising the Carpenter Business Park, of which the parcel leased to
Project Growing Hope, Inc. is included, and;
• A signed agreement with the developer for above-mentioned Site Plan that
provides the City with an easement for a future public roadway that would connect
Cascadilla Street to Third Street, through the proposed project site, in order to facilitate
and safely manage traffic impacts of additional development in the vicinity, and;
• Successful negotiations between the City and the developer for an agreed upon
cost to be paid by the developer and to be solely used by the City for relocation,
construction, and the establishment of a management framework for a substitute
garden, and;
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• If relevant, submission of written notice of optionee’s intent to exercise the option
to acquire the Community Garden parcel pursuant to the “Option to Purchase Real
Property” agreement between the City of Ithaca and Building Links, Inc., dated February
2002;
WHEREAS, Upon further discussion and consideration of a proposed lease, the City
authorize the execution of a lease without the specific terms and conditions for early
termination contained in the September 19, 2012 resolution; and,
WHEREAS, the City of Ithaca and Project Growing Hope Inc. acknowledge that
relocating the community gardens in the future to an, as of yet, undetermined site or
sites will require additional funding that may exceed what only one party may be able to
raise on its own;
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent and Purpose.
General Municipal Law Section 96 recognizes that allowing community gardening on
suitable City-held lands is a valid exercise of municipal powers, and authorizes the City
to allow individuals, community organizations, and groups to use such lands for
community gardening under such terms and conditions as determined by the City.
Section 96 further provides that the City may charge certain fees or provide certain
services at cost for allowing such community gardening. The Common Council desires
to continue to allow Project Growing Hope, Inc. to operate the existing community
garden at the Carpenter Business Park at the present time.
The Common Council makes the following findings of fact:
Renewing the lease to Project Growing Hope, Inc. for the continuation of
the currently-existing community garden on a portion of the Carpenter
Business Park benefits the City and its residents, provided that the lease
contains terms and conditions protecting the City’s interests in the use of
the parcel, including but not limited to appropriate provisions for the
termination of the lease by the City.
Section 2. Approval and Execution of Lease.
The Common Council repeals the terms and conditions for early termination specified in
its September 19, 2012 resolution. The Common Council approves of the attached
renewed lease agreement granting Project Growing Hope, Inc. continued use of a
portion of Carpenter Business Park as a community garden, and authorizes and directs
the Mayor to execute the attached renewed lease agreement with Project Growing
Hope, Inc. for the Carpenter Business Park community garden.
Section 3. Effective Date. This ordinance shall take effect immediately upon
publication of the notice as provided in the City of Ithaca Charter.
LEASE AGREEMENT FOR ITHACA COMMUNITY GARDENS
THIS LEASE AGREEMENT, made this ____ day of _______ of 2013, by and
between the CITY OF ITHACA, a municipal corporation, duly organized and existing
under and by virtue of the laws of the State of New York, with offices at 108 E. Green
Street, Ithaca, NY 14850, hereinafter referred to as "LESSOR," and PROJECT
GROWING HOPE, INC., a not-for-profit corporation, duly organized and existing under
and by virtue of the laws of the State of New York, with an address at Post Office Box
606, Ithaca, NY 14851, hereinafter referred to as “LESSEE;”
WITNESSETH THAT the parties hereto agree as follows:
ARTICLE ONE: LEASED PREMISES
LESSOR shall lease to LESSEE the premises more particularly described in
Schedule “A,” hereinafter referred to as the “Leased Premises”, attached hereto and
incorporated herein by reference, together with all the rights, privileges, easements and
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appurtenances thereunto belonging or attaching, subject to the provisions, conditions
and covenants contained in this Lease Agreement.
ARTICLE TWO: TERM OF LEASE
LESSOR hereby leases to LESSEE the premises described in Schedule A
attached hereto for a term commencing on January 1, 2014, and ending on December
31, 2033.
ARTICLE THREE: EARLY TERMINATION
Early Termination By LESSOR:
Notwithstanding any other provisions herein, LESSEE’s right to occupy the
subject premises may be terminated by LESSOR, prior to the end of the demised term
of this Lease Agreement, on written notice to LESSEE, served as provided for in Article
10 hereof, under any one of the following conditions:
a) If LESSEE shall, at any time during the demised term, fail in the performance
or permit the violation of any of the covenants, conditions, terms or provisions of this
lease other than the Trust Fund Commitment specified in Article Four hereof, which, on
the part of LESSEE, are or ought to be observed, performed, fulfilled, and, except
where a specific time is herein provided for the performance of any covenant or
condition, when such default is not cured within ninety (90) days after notice and
demand have been given pursuant to the provisions of Article 6 hereto (except that the
City may impose a reasonably shorter period for failures or violations related to life
safety matters), LESSOR may at its option, and ninety (90) days notice in writing
terminate this lease, and this lease and the term thereof shall automatically cease and
terminate at the expiration of said ninety (90) day period; or
b) If, during the demised term, LESSEE shall be adjudicated a bankrupt or make
a general assignment for the benefit of creditors, or shall take the benefit of any
insolvency act, or if a temporary or permanent receiver or trustee in bankruptcy is
appointed for LESSEE’s property and such appointment for a temporary receiver is not
vacated and set aside within ninety (90) days from the date of such appointment, or in
the event of any attempted transfer or other devolution of the interest (or any part
thereof) of LESSEE, to any other person or corporation, by reason of the acts and
things hereinabove last enumerated, LESSOR may at its option, and ninety (90) days
notice in writing terminate this lease, and this lease and the term thereof shall
automatically cease and terminate at the expiration of said ninety (90) day period; or
c) LESSOR shall have the right to terminate this Lease Agreement upon at least
one year’s written notice to LESSEE, by resolution of the City Common Council,
following an opportunity for public comment, which resolution shall:
1. Identify, in Common Council’s sole discretion, land in the City of
Ithaca that is suitable to community gardening and available to the lessee
for use as a substitute garden location, the sufficiency, suitability, and
availability of which site or sites shall be determined, after consideration of
such factors as site size, sunlight exposure, and drainage, by resolution
and in the sole discretion of the Common Council, and
2. Commit the City to provide funds, whether via grant or direct
disbursement from General Fund, for the purpose of relocating the
Gardens to a substitute site (or sites) and rebuilding infrastructure thereat,
in an amount to be determined in the sole discretion of the Common
Council, and to be supplemented by the Trust Fund Commitment specified
in Article Four hereof; and
3. Be finally approved by the Common Council not less than 30 days
after LESSOR has provided LESSEE notice, in the manner specified in
Article Ten hereof, that the Common Council is considering such a
resolution.
or
d) LESSOR shall have the right to terminate this Lease Agreement upon at least
one year’s written notice to LESSEE by resolution of the City Common Council
(approved not less than 30 days after LESSOR has provided LESSEE notice, in the
manner specified in Article Ten hereof, that the Common Council is considering such a
resolution) in that event that LESSEE fails in the performance of its Trust Fund
Commitment as specified in Article Four hereof in either of the following respects:
1. LESSEE fails in any two consecutive years to maintain the specified
cumulative lease-to-date total of contributions in the Trust Fund account, or
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2. LESSEE fails in any three years, consecutive or otherwise, to maintain the
specified cumulative lease-to-date total of contributions in the Trust Fund
account.
Effect of Early Termination By LESSOR
If terminated by LESSOR under this Article III, the Lease herein and the term
thereof shall automatically cease and terminate at the expiration of the applicable notice
period; and it shall be lawful for LESSOR, at its option, to enter the demised premises or
any part thereof and to have, hold, repossess and enjoy the said premises, and
LESSOR shall have the right to recover the said premises and to remove all persons
therefrom by summary proceedings or by any other legal action or proceedings.
Notwithstanding the provision of one year’s notice in subsections (c) and (d) of
this Article Three, if the effective date of termination of the lease so calculated falls
between May 1st and October 31st of any given year, then in that case the actual date
of termination shall be November 1st of the year following LESSOR's notice of
termination.
Early Termination By LESSEE:
LESSEE may terminate this Lease Agreement at any time by giving 30 days
written notice to LESSOR.
ARTICLE FOUR: RENT, TRUST FUND COMMITTMENT
For and in consideration of the leasing aforesaid, LESSEE hereby covenants and
agrees to pay to LESSOR, as and for rent for the leased premises, the sum of $1 per
year, which sum is hereby acknowledged by LESSOR to have been paid in advance at
the time of execution of this Lease Agreement. As and for additional consideration, the
substantial value of which is acknowledged by LESSOR, LESSEE agrees to provide, at
its cost, a public community garden program for the City of Ithaca and its residents, for
the term of this Lease, utilizing the leased premises.
As and for further consideration, LESSEE agrees to maintain a Trust Fund
Commitment as follows, and LESSOR agrees to maintain and administer said Trust
Fund as follows:
a) By December 31 in each year of this lease, LESSEE agrees to contribute to a
Trust Fund maintained by the City, as trustee, under the title of Community
Gardens Relocation Trust Fund that amount of money necessary to bring the
cumulative lease-to-date total of contributions to that Fund (not including
interest) to no less than the product of three thousand dollars ($3,000) times
the number of years elapsed since December 31, 2013.
b) The funds resulting from said Trust Fund Commitment, including interest
earned thereon, shall be maintained in said Trust Fund for the purpose of
funding a possible future relocation of the Community Gardens, including
possible purchase of land for the same, of a community gardening program in
the City of Ithaca. The parties agree that these funds shall ultimately be
disbursed as follows:
1. If written notice of early termination is instructed by resolution pursuant
to Article Three (c) or (d) hereof, then the Common Council may in the
resolution identified in Article Three (c) or (d) hereof (or a separate
resolution passed within 120 days of said resolution), authorize and
direct the City Controller, in consultation with the Mayor and the City
Attorney, to disburse said funds to LESSOR or such other party as
specified in said resolution for the sole purpose of funding a resolution-
specified relocation of the Gardens, which may include purchase of
land or needed infrastructure for the same, of a community gardening
program in the City of Ithaca. LESSEE hereby agrees to the
disbursement of said funds in this manner.
2. If this lease is for any other reason terminated early, then the Common
Council may by separate resolution passed within 190 days of either
party serving notice of termination authorize and direct the City
Controller, in consultation with the Mayor and the City Attorney, to
disburse said funds to LESSOR or such other party as specified in said
resolution for the sole purpose of funding a resolution-specified
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relocation of the Gardens, which may include purchase of land or
needed infrastructure for the same, of a community gardening program
in the City of Ithaca. LESSEE hereby agrees to the disbursement of
said funds in this manner.
3. If this lease is not terminated early, or if upon early termination no
resolution of Common Council has instructed the disbursement of said
funds within the time limits set out in the two immediately-preceding
paragraphs, then said funds shall be released from the Trust Fund to
LESSEE (or to LESSEE’s successor) for LESSEE’s unrestricted use.
ARTICLE FIVE: USE OF PREMISES.
a) LESSOR affirms the public benefit provided to residents of the City of Ithaca by
the existence of the Community Gardens at the leased premises. The LESSEE
covenants and agrees that it will, during the period of this lease, reasonably use said
premises and any buildings and improvements situated thereon for public community
gardens in a manner similar to its current and past use of the premises, as a benefit for
the City of Ithaca and open to the general public, as defined by the current certificate of
incorporation and bylaws of LESSEE, including outreach to and accessibility for low
income gardeners. In addition, the premises will be available for other uses as deemed
appropriate by LESSOR, provided such uses do not conflict with the Community
Garden uses of LESSEE, including but not limited to use by the general public for
passive recreation or other purposes. As deemed appropriate by LESSOR, LESSEE
shall be afforded the opportunity to review and comment on potential joint uses of the
leased premises but LESSOR shall retain the sole authority to determine such uses and
whether they conflict with the Community Gardens use by LESSEE.
b) LESSEE further covenants and agrees that at all times during the demised term:
1. the premises including the buildings and improvements situated thereon or
connected therewith and all appurtenances thereto and equipment thereof
shall be kept by LESSEE at its own expense in good repair and in a clean
and safe condition and in conformity with the requirements of all
municipal, county, state and federal laws, rules and regulations;
2. that all health, police, zoning, fire, building, subdivision, and other
regulations shall, in all respects and at all times, be fully complied with by
LESSEE and, in particular, that at the end of the growing season the site
will be appropriately cleaned and winterized;
3. that LESSEE will not at any time remove or permit to be removed any
existing building or improvement from the demised premises except as
provided for in this Lease;
ARTICLE SIX: IMPROVEMENTS.
It is understood and agreed that in the event that LESSEE shall construct
buildings and structures or landscaping upon the demised premises during the term of
this Lease Agreement, or any extension thereof, such buildings shall be used solely for
the purposes set forth in ARTICLE FIVE hereof. Any such improvements shall be
subject to City of Ithaca site plan review, if applicable.
ARTICLE SEVEN: WATER, SEWERAGE, AND PARKING.
LESSEE shall be responsible for construction and maintenance of any water or
sewer lines between the existing City systems and the leased premises, for use by
LESSEE, in accordance with LESSOR's engineering specifications. In particular,
LESSEE shall be responsible for the installation, maintenance and testing of the
backflow protection device; the winterization of all such water and sewer lines and
appurtenances; and for the scheduling of seasonal turn on and shut off of water.
LESSEE shall be responsible for payment for all utilities used on the leased premises.
LESSOR shall have no responsibility for developing additional parking areas for use by
LESSEE.
ARTICLE EIGHT: INSURANCE.
LESSEE shall keep the improvements insured against liability and fire or other
hazards and shall save LESSOR harmless and indemnified at all times against any
loss, damage, penalties, costs and expenses, judgments and decrees, by reason of a
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failure so to do in any respect or by reason of any violation of any of the law, rules or
regulations above referred to, or by reason of any accident, loss, wrong, injury, or
damage to person, life or property in or about said demised premises, including but not
limited to for any negligence of LESSEE in the making of any improvements to the
premises, or by reason of any use which may be made of the demised premises or the
buildings and improvements thereon, or by reason of any act or thing done or omitted to
be done or by reason of anything happening in connection with or upon the demised
premises or in any building situated thereon or improvement connected therewith, or by
reason of the failure of LESSEE in any respect fully to carry out and perform any of the
covenants, agreements, provisions or undertakings in this lease on its part to be
performed. Proof of insurance and the inclusion of LESSOR as an additional insured in
all such policies of insurance shall be provided in writing to LESSOR.
LESSEE shall maintain liability insurance coverage upon the leased premises, in the
initial, minimum amount of $1,000,000 per occurrence and $2,000,000 in the aggregate,
and shall ensure that the City of Ithaca is named as an additional insured on such
policy. The minimum amount of required coverage shall be subject to reasonable,
periodic adjustment by the City, upon prior written notice to LESSEE of at least 6
months.
LESSEE shall provide written documentation to City that required coverage is in
place, at the time of execution of this lease agreement, at least annually thereafter, by
January 31st, or at other time upon request.
LESSEE shall keep the premises insured as provided for herein and the amount
of insurance coverage shall be as reasonably approved by the LESSOR, and proof of
insurance and the inclusion of LESSOR as an additional insured in all such policies of
insurance shall be provided in writing to LESSOR. It is mutually covenanted and
agreed by and between the parties hereto that the proceeds of any and all policies of
fire insurance covering any building or buildings at any time situated upon the demised
premises shall be used as a trust fund towards the repair, reconstruction, building or
rebuilding of such building or buildings, unless the parties agree otherwise in writing.
ARTICLE NINE: DEFAULT
If LESSEE shall, at any time during the demised term fail in the performance of
or permit the violation of any of the covenants, conditions, terms or provisions of this
Lease Agreement, which, on the part of LESSEE, are or ought to be observed,
performed and fulfilled and, except where a specific time is herein provided for the
performance of any covenant or condition, when such default shall not be made good
within ninety (90) days after notice and demand given pursuant to the provisions of
ARTICLE TEN hereof, then, in any of the events enumerated hereto, LESSOR may, at
its, option, and upon ninety (90) days notice in writing, served as provided in ARTICLE
TEN hereof, terminate this lease, and this lease and the term thereof shall automatically
cease and terminate at the expiration of said ninety (90) day period; and it shall be
lawful for LESSOR, at its option, to enter the demised premises or any part thereof and
to have, hold, repossess and enjoy the said premises, and the LESSOR shall have the
right to recover the said premises and to remove all persons therefrom by summary
proceedings or by any action or proceedings. Such defaults allowing lease termination
are as follows:
a) In the event that LESSEE shall fail to use said premises for the purposes
hereinbefore described in ARTICLE FIVE for one full year during the term of this lease,
as provided in ARTICLE TWO, then LESSOR may, at its option, notify LESSEE of its
election to terminate this lease.
b) In the event that, at any time during the term of this Lease, LESSEE or its
assignee shall cease to be a not-for-profit corporation, this lease shall cease and
terminate at the option of LESSOR.
c) If, during the demised term, LESSEE shall be adjudicated a bankrupt or make a
general assignment for the benefit of creditors or take the benefit of any insolvency act,
or a temporary or permanent receiver or trustee in bankruptcy is appointed for
LESSEE's property and such appointment for a temporary receiver is not vacated and
set aside within ninety (90) days from the date of such appointment, or in the event of
any attempted transfer or other devolution of the interest of any part thereof of LESSEE
to any other person or corporation by reason of the acts and things hereinabove
enumerated.
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d) If, during the term of this Lease, the tax assessor of Tompkins County
determines that the subject parcel is not tax exempt, this lease shall be deemed void,
unless LESSEE agrees to pay - and in fact does timely pay - any taxes levied upon the
premises. In the event that this Lease is deemed void for that reason, the parties shall
attempt in good faith to re-negotiate the Lease terms.
ARTICLE TEN: NOTICES.
Any notice which may be required under the terms of this lease shall be given in
writing, personally to:
For LESSOR: Mayor
108 East Green Street
Ithaca, New York 14850
and
Attorney for the City
108 East Green Street
Ithaca, New York l4850
and
For LESSEE: Project Growing Hope, Inc.
P.O. Box 606
Ithaca, New York 14851
ARTICLE ELEVEN: ASSIGNMENT
It is hereby covenanted and agreed by and between the parties hereto that
LESSEE may not sell, convey or assign its interest in the demised premises and in any
structures or improvements thereon without the written consent of LESSOR. The
approval of one assignment by LESSOR shall not constitute approval for any
subsequent assignment.
ARTICLE TWELVE: SURRENDER OF PREMISES; DISPOSITION
OF IMPROVEMENTS
Upon the termination of this lease, as a result of default (per ARTICLE NINE) or
early termination, or upon its expiration (or the expiration of a renewed term, per
ARTICLE SIXTEEN, if applicable), LESSEE covenants and agrees to surrender the
demised premises, peaceably and at once, and to deliver up the same to LESSOR,
subject to the remaining provisions of this Article. LESSEE shall be entitled - but not
required - to remove from the demised premises any improvements LESSEE has made
to said premises, including but not necessarily limited to any structures (e.g., sheds,
fencing, gazebo) and the topsoil from the gardens (defined as the top eight inches of
soil), provided that a relocation site requires topsoil. Any such removal must occur prior
to said termination date, must be complete (i.e., without leaving debris, hazards, or
holes in the ground) and shall be at LESSEE’s sole cost.
ARTICLE THIRTEEN: CONDEMNATION
If any person or corporation, municipal, public, private or otherwise, shall, at any
time during the term of this lease, lawfully condemn and acquire title to the demised
premises or any portion thereof, or to any building or the appurtenances now or
hereafter erected thereon, or to any easement therein, in or by condemnation
proceedings pursuant to any law, general, special or otherwise, then, in that case,
LESSOR shall be entitled to and shall receive the entire award or payment therefor; and
LESSEE shall assign and does hereby assign and transfer to LESSOR such award or
payment as may be made therefor. LESSOR, in any event, shall be entitled to receive
any and all awards or payments made for any buildings and the appurtenances which
shall be so taken or for any damages thereto, free, clear and discharged of every claim
of every kind whatsoever by or on the part of LESSEE, except as hereinafter specifically
provided, and such award or payment is hereby transferred and assigned to LESSOR
by LESSEE; and LESSEE hereby further agrees that for the purpose of obtaining such
award or payment, and for all other purposes, all the buildings and improvements now
standing upon the demised premises are the sole and absolute property of LESSOR
and that in no event and under no circumstances shall LESSEE be entitled to receive or
retain any award or payment or any part thereof except as hereinafter specifically
provided. Notwithstanding anything hereinbefore contained to the contrary, if LESSEE
shall have commenced or completed the erection of a new building or buildings or other
November 6, 2013
10
improvements and such condemnation takes place after the commencement or
completion of the said new building or buildings, then LESSOR agrees to pay LESSEE
out of the condemnation award or payment when paid, a sum equal to the amount
awarded or paid in condemnation as the value of such building or improvements. If, in
the condemnation proceeding, the value of the land and of the buildings and other
improvements are not separately determined, then the value of the building or other
improvements shall be determined by arbitration. LESSOR agrees to give LESSEE
notice of any condemnation proceedings immediately upon knowledge of such
proceedings.
ARTICLE FOURTEEN: NON-DISCRIMINATION
It is mutually understood and agreed that LESSEE, in the employment of its
agents, contractors and/or employees, shall not discriminate against any employee,
applicant for employment, subcontractor, supplier of materials or services or program
participant because of actual or perceived age; creed; color; disability; ethnicity; familial
status; gender; height; immigration or citizenship status; marital status; national origin;
race; religion; sex; sexual orientation; socioeconomic status; or weight; and any
construction contract entered into by LESSEE shall contain such a nondiscriminatory
clause.
ARTICLE FIFTEEN: MISCELLANEOUS PROVISIONS
a) Waivers of Lien.
LESSEE covenants and agrees that LESSEE will not make any contract or
agreement, either verbal or written, for labor, services, materials or supplies in
connection with any improvements at any time situated upon the demised land without
securing in such contract or agreement a waiver or waivers of lien against LESSOR's
interest in the demised premises; and it is expressly understood and agreed, and notice
is hereby given, that no persons, firms, or corporations furnishing labor, materials or
services for the construction, reconstruction, alteration or addition to any building at any
time during the term hereof situated upon the demised premises shall have any lien
upon LESSOR's interest in the demised premises and that any and all liens upon
LESSEE's estate and interest in the demised land and the buildings and improvements
situated thereon shall be subject to the prior rights of LESSOR under the terms and
provisions of this Lease Agreement, and no authority is given by this Lease to LESSEE,
expressly or impliedly, to bind LESSOR for the payment of any money in connection
with the construction, repairing, alterations, additions or reconstruction work on the
demised premises, nor is there any authority given LESSEE by this lease, directly or
indirectly, to permit any mechanic’s lien, materialman's lien, or contractor’s lien to arise
against LESSOR's interest in the demised land or the buildings or improvements
thereon, and LESSEE expressly agrees that it will keep and save the demised
premises, and LESSOR, harmless from all costs and damages arising from any such
liens or lien of any character created through any act or anything done by LESSEE.
b) Title.
LESSOR represents and warrants that it is the owner in fee of the demised
premises, as described in Schedule “A,” attached hereto, free of all liens and
encumbrances.
c) Severability.
In the event that any term, condition, clause or provision of this agreement shall
be deemed null and void, the remaining terms, conditions, clauses and provisions of this
lease agreement shall remain in full force and effect, unless the rights of either party are
materially affected by the deletion of such term, condition, clause or provision, in which
case either party may elect within 90 days after the date of the notification to declare
said lease null and void in its entirety.
ARTICLE SIXTEEN: RIGHT TO INSPECT
LESSOR shall have the right to inspect any part of the premises without notice at
any time.
THIS AGREEMENT shall be binding upon the parties and their successors in
title.
IN WITNESS WHEREOF, the parties hereto have placed their hands and seals
as of the date(s) set forth below.
November 6, 2013
11
SCHEDULE A
The premises leased to Project Growing Hope, Inc., by the City of Ithaca,
pursuant to a Lease Agreement executed in 2013 between said parties, consist of
the following:
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Ithaca, County
of Tompkins and State of New York, shown as “Parcel A” and “Parcel B” (both of which
are also denoted as “Community Gardens”) on a survey map entitled “Survey Map -
Carpenter Business Park, Third Street and New York State Route 13, City of Ithaca,
Tompkins County, New York,” dated 6/1/2001 and as revised on 2/15/02, more
particularly bounded and described as follows:
PARCEL A: Commencing at a pin set in the southeasterly boundary of lands reputedly
of the Norfolk Southern Railroad, where said boundary intersects with a northeasterly
line of premises (demarcated as 'Parcel F' on the above-referenced survey map)
conveyed by Building Links, Inc., to Templar, LLC, by deed dated February 20, 2002,
which deed was recorded on February 22, 2002, in the Tompkins County Clerk’s Office
in Liber CD2504 of deeds at page 965, said point of beginning being located 691.28 feet
southwesterly from a pin set in the southerly line of Third Street Extension; running
thence North 34 degrees 41 minutes 32 seconds East a distance of 419.10 feet to a
point in said boundary of lands of the Norfolk Southern Railroad; running thence
southerly on a curve to the left, an arc distance of 65.82 feet, with a chord running
South 4 degrees 4 minutes 54 seconds West for a chord distance of 65.60 feet, along
the westerly line of a roadway known as Carpenter Circle; running thence South 4
degrees 7 minutes 11 seconds East a distance of 85.80 feet along said line; running
thence on a curve to the right, an arc distance of 97.88 feet, with a chord running South
15 degrees 54 minutes 37 seconds West for a chord distance of 95.90 feet, along said
line; running thence South 35 degrees 56 minutes 24 seconds West a distance of 203.2
feet to a point marked by a pin set in said line; running thence North 56 degrees 14
minutes 08 seconds West a distance of 113.65 feet to the point or place of beginning.
PARCEL B: Commencing at a point 0.2 feet easterly of a chain link fence dividing what
is demarcated on the above-referenced survey map as “Parcel B” and 'Parcel H' from
New York State Route 13, which point is located South 33 degrees 47 minutes 32
seconds West a distance of 247.00 feet, approximately along said chain link fence, from
the intersection of New York State Route 13 with a southeasterly boundary of land
reputedly of Benjamin; running thence South 33 degrees 47 minutes 32 seconds West
a distance of 228.30 feet to a point marked by an iron pin; running thence North 56
degrees 11 minutes 5 seconds West a distance of 196.92 feet to a point marked by an
iron pin set in the easterly line of a roadway known as Carpenter Circle; running thence
North 35 degrees 56 minutes 24 seconds East along said line for a distance of 201.00
feet to a point; running thence on a curve to the left, an arc distance of 139.83 feet
along said line, with a chord running North 15 degrees 54 minutes 37 seconds East for
a chord distance of 137.00 feet, to a point marked with an iron pin; running thence
South 30 degrees 54 minutes 28 seconds East a distance of 264.72 feet to the point or
place of beginning.
Being a portion of the premises conveyed to the City of Ithaca by deed from the New
York State Electric and Gas Corporation dated February 21, 1986 which deed was
recorded in the Tompkins County Clerk’s Office on March 13, 1986 in Liber 615 of
Deeds at page 797.
TOGETHER WITH the right of access to and along the street commonly known as
Carpenter Circle, for the purpose of providing access (from Third Street) by the public to
the premises leased from the City of Ithaca by Project Growing Hope, Inc., which right
was retained when said street was conveyed by the Ithaca Urban Renewal Agency to
Building Links, Inc.
SUBJECT TO rights retained by the New York State Electric and Gas Corporation in the
aforesaid deed for permanent easement and rights of way upon, over, across and under
the above described premises as more particularly set forth in the aforementioned deed
from the New York State Electric & Gas Corporation to the City of Ithaca.
November 6, 2013
12
Alderperson Proulx noted that economic development and urban agriculture issues are
complex; however, he believes there is room in the City for both. He reviewed the
history of the Community Garden Lease and identified the flexibility that this lease will
offer to a future Council regarding economic growth and the potential relocation of the
gardens. He stated that this Ordinance/Lease was passed by the City Administration
Committee by a vote of 3-2 and he voiced his support it.
Alderperson Clairborne voiced his disappointment that this situation could not be
rectified without Common Council intervention. He stated that he would vote in
opposition to the legislation even though he supports it, because of the mechanics that
were involved in the negotiation process. He voiced his support for Project Growing
Hope and believes that they should be able to remain in place until a solid economic
development project is ready to break ground.
Alderperson Kerslick thanked everyone for the time and effort that was dedicated to this
issue. He believes that the work completed has improved the process for the future.
He believes that Council should be thinking of future zoning changes for the area (ie.
from industrial to mixed use).
Alderperson Murtagh stated that the Planning Department is discussing the future
zoning of the area. He noted that nothing in the lease prevents the current property
owners from continuing to work with the City on development possibilities.
Alderperson Brock reminded Council that the property owners brought a proposal to the
City with a relocation plan for the Community Gardens prior to Project Growing Hope’s
request for the City to renew their lease. She noted that this will always be a political
discussion as long as “rights by law” are subject to personal sentiments. She identified
the challenges presented by this process for property owners seeking project financing.
She shared the analysis she conducted on the property that included future property
and sales tax revenues.
Alderperson Proulx stated that 80% of the land that would bring in future property and
sales tax revenues is not under the control of the City. The power lines that run through
the property is a significant challenge for developers. Although beautiful sketches were
submitted regarding the relocation of gardens to Cass Park; no development plans have
been submitted for Carpenter Business Park even though there has been ample time to
do so.
Alderperson Dotson echoed the comments made about the tensions between economic
development and urban agriculture. She believes that the lease is flexible if a complete
proposal for the development of the site is submitted. Not renewing the lease with
Project Growing Hope would mean that the gardens may need to be relocated
immediately as opposed to when the development actually starts. She further stated
that there is always the opportunity to change the zoning of the area to support
economic growth.
Alderperson McCollister stated that she is on the fence on this issue as she can
understand the lack of site control and financing issues faced by the developer, the
political issues, and the value of community gardens. She identified advantages and
disadvantages of incremental development.
Alderperson Kerslick noted that he is not waiting for a complete development proposal
but he believes that a convincing sketch plan with a planned transition of the gardens
with City involvement would be acceptable.
Alderperson Murtagh stated that Common Council is very serious about developing that
site and this should be a signal to the Community Gardens to start preparing for the
future.
Alderperson Clairborne noted that the developers can’t get financing without full site
control. He further shared his belief that the developers should pay for the relocation of
the gardens but that won’t happen without site control.
November 6, 2013
13
Alderperson Brock stated that questions have arisen indicating that some Council
members may have conflicts of interest and requested that Council members identify
themselves or members of their households if they have memberships in the
Community Gardens. City Attorney Lavine clarified that conflict of interest would be
directly related to receiving a financial benefit from the Community Gardens. He stated
that he does not believe that there are any financial conflicts of interest and advised
Council members to disclose information if they choose to but stated that no one is
legally required to. Alderperson Brock noted that memberships in the gardens can
offset a family’s food costs by up to $600 per year, and she would like Council members
to disclose who is a member of the gardens. City Attorney Lavine responded that
purchasing a plot in the gardens is approximately $15.
For the sake of disclosure, Alderperson Proulx as Chair of the City Administration
Committee, and Alderperson Murtagh as Chair of the Planning and Economic
Development Committee stated that they, or their household members, did not have
memberships with the Community Gardens. Alderperson Dotson disclosed that she
was not sure if she and/or her wife had a current membership with the Community
Gardens. She stated that in the past, her wife has volunteered thousands of hours to
the Community Gardens but she does not feel that the benefit of the vegetables they
received as a part of their garden plot is impacting her vote in any way.
A vote on the Ordinance resulted as follows:
Ayes (7) Dotson, Murtagh, Fleming, Smith, Kerslick, Mohlenhoff, Proulx
Nays (3) Brock, Clairborne, McCollister
Carried (7-3)
City Attorney Lavine stated that although the legislation passed, he would encourage
Council to consider an option that would pass with at least 8 votes and suggested that
Option B in the City Administration Committee agenda packet might be an option to
consider. He stated that Option B gave Common Council the option to terminate the
lease for any reason and there are no requirements attached to it; it would only need a
six person majority of Council to pass it.
Alderperson McCollister stated that her issue was not the lead time in relocating the
gardens; her concern is related to the requirement that the developer submit a complete
plan for the property. She noted that it is very difficult to obtain 8 votes for that type of
project development. She further stated that she would support the legislation with the
Option B language in it.
9.1 An Ordinance Approving a Lease of City – Owned Property
By Alderperson Murtagh: Seconded by Alderperson Smith
ORDINANCE __-2013
An Ordinance Approving a Lease of City-Owned Property
WHEREAS, the City of Ithaca/Ithaca Urban Renewal Agency (IURA) executed a
Purchase Agreement with Building Links, Inc. in 1999 for approximately eight acres of
undeveloped land zoned I-1 located in Carpenter Business Park (CBP), which gave
Building Links, Inc. an option (the “Option”) to purchase Carpenter Business Park Tax
Parcel 36.-1-3.4, which Option was subsequently defined in a 2002 agreement;
WHEREAS, the City leased CBP Tax Parcel 36.-1-3.4 to Project Growing Hope, Inc. for
a twenty-year term expiring on December 31, 2013 for use as a community garden;
WHEREAS, the City of Ithaca and Project Growing Hope Inc. collaborated to raise the
necessary funds for the creation of a community garden at CBP Tax Parcel 36-1-3.4;
WHEREAS, the City of Ithaca, in anticipation of future development invested over
$500,000 to build the infrastructure necessary for commercial development in the
former Carpenter Business Park;
November 6, 2013
14
WHEREAS, included in the sale of Carpenter Business Park was a purchase option of
the City owned parcels leased by Project Growing Hope, Inc., which option could only
be exercised during the term of the lease with the approval of Project Growing Hope,
Inc.;
WHEREAS, upon expiration of the lease, said option could be exercised if the Common
Council decided not to extend or renew the lease with Project Growing Hope, Inc.;
WHEREAS, it is generally agreed upon that the Carpenter Business Park is an
appropriate location for economic development;
WHEREAS, Building Links, Inc. provided notice and payment dated July 1, 2013 of its
intent to exercise the purchase option, said exercise effective only in the event that
Project Growing Hope, Inc. is not in possession of an executed lease effective January
1, 2014;
WHEREAS, Project Growing Hope, Inc. has approached the City requesting renewal of
the lease;
WHEREAS, it is generally agreed that community gardening is a valuable public benefit
for City residents;
WHEREAS, General Municipal Law Section 96 recognizes that allowing City-held lands
to be used for community gardening is a valid exercise of municipal powers and grants
the City the right to make such lands available for community gardening for such period
of time and under such conditions as it determines;
WHEREAS, the Common Council, on September 19, 2012, directed the Mayor and City
Attorney to negotiate a new lease agreement with Project Growing Hope, Inc. for the
Carpenter Business Park community garden;
WHEREAS, the Common Council resolved that the City’s renewed agreement with
Project Growing Hope Inc. would include specific conditions that, when all met, would
allow early termination of the lease:
• Final Site Plan approval by the City of Ithaca Planning Board for the development
of the lands comprising the Carpenter Business Park, of which the parcel leased to
Project Growing Hope, Inc. is included, and;
• A signed agreement with the developer for above-mentioned Site Plan that
provides the City with an easement for a future public roadway that would connect
Cascadilla Street to Third Street, through the proposed project site, in order to facilitate
and safely manage traffic impacts of additional development in the vicinity, and;
• Successful negotiations between the City and the developer for an agreed upon
cost to be paid by the developer and to be solely used by the City for relocation,
construction, and the establishment of a management framework for a substitute
garden, and;
• If relevant, submission of written notice of optionee’s intent to exercise the option
to acquire the Community Garden parcel pursuant to the “Option to Purchase Real
Property” agreement between the City of Ithaca and Building Links, Inc., dated February
2002;
WHEREAS, Upon further discussion and consideration of a proposed lease, the City
authorize the execution of a lease without the specific terms and conditions for early
termination contained in the September 19, 2012 resolution; and,
WHEREAS, the City of Ithaca and Project Growing Hope Inc. acknowledge that
relocating the community gardens in the future to an, as of yet, undetermined site or
sites will require additional funding that may exceed what only one party may be able to
raise on its own;
November 6, 2013
15
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent and Purpose.
General Municipal Law Section 96 recognizes that allowing community gardening on
suitable City-held lands is a valid exercise of municipal powers, and authorizes the City
to allow individuals, community organizations, and groups to use such lands for
community gardening under such terms and conditions as determined by the City.
Section 96 further provides that the City may charge certain fees or provide certain
services at cost for allowing such community gardening. The Common Council desires
to continue to allow Project Growing Hope, Inc. to operate the existing community
garden at the Carpenter Business Park at the present time.
The Common Council makes the following findings of fact:
Renewing the lease to Project Growing Hope, Inc. for the continuation of
the currently-existing community garden on a portion of the Carpenter
Business Park benefits the City and its residents, provided that the lease
contains terms and conditions protecting the City’s interests in the use of
the parcel, including but not limited to appropriate provisions for the
termination of the lease by the City.
Section 2. Approval and Execution of Lease.
The Common Council repeals the terms and conditions for early termination specified in
its September 19, 2012 resolution. The Common Council further repeals and replaces
the Ordinance passed previously on this day on this same topic. The Common Council
approves of the attached renewed lease agreement granting Project Growing Hope, Inc.
continued use of a portion of Carpenter Business Park as a community garden, and
authorizes and directs the Mayor to execute the attached renewed lease agreement
with Project Growing Hope, Inc. for the Carpenter Business Park community garden.
Section 3. Effective Date. This ordinance shall take effect immediately upon
publication of the notice as provided in the City of Ithaca Charter.
LEASE AGREEMENT FOR ITHACA COMMUNITY GARDENS
THIS LEASE AGREEMENT, made this day of of 2013, by and
between the CITY OF ITHACA, a municipal corporation, duly organized and
existing under and by virtue of the laws of the State of New York, with offices at
108 E. Green Street, Ithaca, NY 14850, hereinafter referred to as "LESSOR," and
PROJECT GROWING HOPE, INC., a not-for- profit corporation, duly organized and
existing under and by virtue of the laws of the State of New York, with an address at
Post Office Box 606, Ithaca, NY 14851, hereinafter referred to as “LESSEE;”
WITNESSETH THAT the parties hereto agree as follows:
ARTICLE ONE: LEASED PREMISES
LESSOR shall lease to LESSEE the premises more particularly described in
Schedule “A,” hereinafter referred to as the “Leased Premises”, attached hereto and
incorporated herein by reference, together with all the rights, privileges, easements
and appurtenances thereunto belonging or attaching, subject to the provisions,
conditions and covenants contained in this Lease Agreement.
ARTICLE TWO: TERM OF LEASE
LESSOR hereby leases to LESSEE the premises described in Schedule A
attached hereto for a term commencing on January 1, 2014, and ending on December
31, 2033.
November 6, 2013
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ARTICLE THREE: EARLY TERMINATION
Early Termination By
LESSOR:
Notwithstanding any other provisions herein, LESSEE’s right to occupy the
subject premises may be terminated by LESSOR, prior to the end of the demised
term of this Lease Agreement, on written notice to LESSEE, served as provided for in
Article 10 hereof, under any one of the following conditions:
a) If LESSEE shall, at any time during the demised term, fail in the
performance or permit the violation of any of the covenants, conditions, terms or
provisions of this lease which, on the part of LESSEE, are or ought to be observed,
performed, fulfilled, and, except where a specific time is herein provided for the
performance of any covenant or condition, when such default is not cured within
ninety (90) days after notice and demand have been given pursuant to the provisions
of Article 6 hereto (except that the City may impose a reasonably shorter period for
failures or violations related to life safety matters), LESSOR may at its option, and
ninety (90) days notice in writing terminate this lease, and this lease and the term
thereof shall automatically cease and terminate at the expiration of said ninety (90) day
period; or
b) If, during the demised term, LESSEE shall be adjudicated a bankrupt or
make a general assignment for the benefit of creditors, or shall take the benefit of any
insolvency act, or if a temporary or pe rmanent receiver or trustee in bankruptcy
is appointed for LESSEE’s property and such appointment for a temporary
receiver is not vacated and set aside within ninety (90) days from the date of such
appointment, or in the event of any attempted transfer or other devolution of the
interest (or any part thereof) of LESSEE, to any other person or corporation, by
reason of the acts and things hereinabove last enumerated, LESSOR may at its
option, and ninety (90) days notice in writing terminate this lease, and this lease and
the term thereof shall automatically cease and terminate at the expiration of said
ninety (90) day period; or
c) LESSOR shall have the right to terminate this Lease Agreement upon at
least one year’s written notice to LESSEE, by resolution of the City Common Council,
resolving to terminate for any reason or no reason at all. LESSOR shall provide
LESSEE at least 30 days notice but not more than 365 days notice, in the manner
specified in Article Ten hereof, that the Common Council is considering such a
resolution, before final approval by the Common Council of such a resolution.
Effect of Early Termination By
LESSOR
If terminated by LESSOR under this Article III, the Lease herein and the term
thereof shall automatically cease and terminate at the expiration of the applicable
notice period; and it shall be lawful for LESSOR, at its option, to enter the demised
premises or any part thereof and to have, hold, repossess and enjoy the said
premises, and LESSOR shall have the right to recover the said premises and to
remove all persons therefrom by summary proceedings or by any other legal action or
proceedings.
Notwithstanding the provision of one year’s notice in subsection (c) of this
Article Three, if the effective date of termination of the lease so calculated falls
between May 1st and October 31st of any given year, then in that case the actual
date of termination shall be November 1st of the year following LESSOR's notice of
termination.
November 6, 2013
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Early Termination By
LESSEE:
LESSEE may terminate this Lease Agreement at any time by giving 30 days
written notice to LESSOR.
ARTICLE FOUR: RENT
For and in consideration of the leasing aforesaid, LESSEE hereby covenants
and agrees to pay to LESSOR, as and for rent for the leased premises, the sum of $1
per year, which sum is hereby acknowledged by LESSOR to have been paid in
advance at the time of execution of this Lease Agreement. As and for additional
consideration, the substantial value of which is acknowledged by LESSOR, LESSEE
agrees to provide, at its cost, a public community garden program for the City of
Ithaca and its residents, for the term of this Lease, utilizing the leased premises.
ARTICLE FIVE: USE OF PREMISES.
a) LESSOR affirms the public benefit provided to residents of the City of
Ithaca by the existence of the Community Gardens at the leased premises. The
LESSEE covenants and agrees that it will, during the period of this lease, reasonably
use said premises and any buildings and improvements situated thereon for public
community gardens in a manner similar to its current and past use of the premises,
as a benefit for the City of Ithaca and open to the general public, as defined by the
current certificate of incorporation and bylaws of LESSEE, including outreach to and
accessibility for low income gardeners. In addition, the premises will be available for
other uses as deemed appropriate by LESSOR, provided such uses do not conflict
with the Community Garden uses of LESSEE, including but not limited to use by the
general public for passive recreation or other purposes. As deemed appropriate by
LESSOR, LESSEE shall be afforded the opportunity to review and comment on
potential joint uses of the leased premises but LESSOR shall retain the sole authority
to determine such uses and whether they conflict with the Community Gardens use
by LESSEE.
b) LESSEE further covenants and agrees that at all times during the demised term:
1. the premises including the buildings and improvements situated thereon
or connected therewith and all appurtenances thereto and equipment
thereof shall be kept by LESSEE at its own expense in good repair and
in a clean and safe condition and in conformity with the requirements of
all municipal, county, state and federal laws, rules and regulations;
2. that all health, police, zoning, fire, building, subdivision, and other
regulations shall, in all respects and at all times, be fully complied with
by LESSEE and, in particular, that at the end of the growing season the
site will be appropriately cleaned and winterized;
3. that LESSEE will not at any time remove or permit to be removed any
existing building or improvement from the demised premises except as
provided for in this Lease;
ARTICLE SIX: IMPROVEMENTS.
It is understood and agreed that in the event that LESSEE shall construct
buildings and structures or landscaping upon the demised premises during the term of
this Lease Agreement, or any extension thereof, such buildings shall be used solely
for the purposes set forth in ARTICLE FIVE hereof. Any such improvements shall be
subject to City of Ithaca site plan review, if applicable.
November 6, 2013
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ARTICLE SEVEN: WATER, SEWERAGE, AND PARKING.
LESSEE shall be responsible for construction and maintenance of any water
or sewer lines between the existing City systems and the leased premises, for use by
LESSEE, in accordance with LESSOR's engineering specifications. In particular,
LESSEE shall be responsible for the installation, maintenance and testing of the
backflow protection device; the winterization of all such water and sewer lines and
appurtenances; and for the scheduling of seasonal turn on and shut off of water.
LESSEE shall be responsible for payment for all utilities used on the leased
premises. LESSOR shall have no responsibility for developing additional parking
areas for use by LESSEE.
ARTICLE EIGHT: INSURANCE.
LESSEE shall keep the improvements insured against liability and fire or other
hazards and shall save LESSOR harmless and indemnified at all times against
any loss, damage, penalties, costs and expenses, judgments and decrees, by
reason of a failure so to do in any respect or by reason of any violation of any of
the law, rules or regulations above referred to, or by reason of any accident, loss,
wrong, injury, or damage to person, life or property in or about said demised
premises, including but not limited to for any negligence of LESSEE in the making of
any improvements to the premises, or by reason of any use which may be made
of the demised premises or the buildings and improvements thereon, or by reason of
any act or thing done or omitted to be done or by reason of anything happening in
connection with or upon the demised premises or in any building situated thereon or
improvement connected therewith, or by reason of the failure of LESSEE in any
respect fully to carry out and perform any of the covenants, agreements, provisions
or undertakings in this lease on its part to be performed. Proof of insurance and
the inclusion of LESSOR as an additional insured in all such policies of insurance
shall be provided in writing to LESSOR.
LESSEE shall maintain liability insurance coverage upon the leased premises, in
the initial, minimum amount of $1,000,000 per occurrence and $2,000,000 in the
aggregate, and shall ensure that the City of Ithaca is named as an additional
insured on such policy. The minimum amount of required coverage shall be subject
to reasonable, periodic adjustment by the City, upon prior written notice to LESSEE
of at least 6 months.
LESSEE shall provide written documentation to City that required coverage is in
place, at the time of execution of this lease agreement, at least annually thereafter,
by January 31st, or at other time upon request.
LESSEE shall keep the premises insured as provided for herein and the
amount of insurance coverage shall be as reasonably approved by the LESSOR, and
proof of insurance and the inclusion of LESSOR as an additional insured in all such
policies of insurance shall be provided in writing to LESSOR. It is mutually
covenanted and agreed by and between the parties hereto that the proceeds of any
and all policies of fire insurance covering any building or buildings at any time
situated upon the demised premises shall be used as a trust fund towards the
repair, reconstruction, building or rebuilding of such building or buildings, unless the
parties agree otherwise in writing.
ARTICLE NINE: DEFAULT
If LESSEE shall, at any time during the demised term fail in the performance of
or permit the violation of any of the covenants, conditions, terms or provisions of this
Lease Agreement, which, on the part of LESSEE, are or ought to be observed,
performed and fulfilled and, except where a specific time is herein provided for the
performance of any covenant or condition, when such default shall not be made good
within ninety (90) days after notice and demand given pursuant to the provisions of
ARTICLE TEN hereof, then, in any of the events enumerated hereto, LESSOR
may, at its, option, and upon ninety (90) days notice in writing, served as provided in
ARTICLE TEN hereof, terminate this lease, and this lease and the term thereof shall
automatically cease and terminate at the expiration of said ninety (90) day period; and
November 6, 2013
19
it shall be lawful for LESSOR, at its option, to enter the demised premises or any part
thereof and to have, hold, repossess and enjoy the said premises, and the LESSOR
shall have the right to recover the said premises and to remove all persons therefrom
by summary proceedings or by any action or proceedings. Such defaults allowing
lease termination are as follows:
a) In the event that LESSEE shall fail to use said premises for the purposes
hereinbefore described in ARTICLE FIVE for one full year during the term of this
lease, as provided in ARTICLE TWO, then LESSOR may, at its option, notify
LESSEE of its election to terminate this lease.
b) In the event that, at any time during the term of this Lease, LESSEE or its
assignee shall cease to be a not-for-profit corporation, this lease shall cease and
terminate at the option of LESSOR.
c) If, during the demised term, LESSEE shall be adjudicated a bankrupt or make
a general assignment for the benefit of creditors or take the benefit of any insolvency
act, or a temporary or permanent receiver or trustee in bankruptcy is appointed for
LESSEE's property and such appointment for a temporary receiver is not vacated
and set aside within ninety (90) days from the date of such appointment, or in the
event of any attempted transfer or other devolution of the interest of any part thereof
of LESSEE to any other person or corporation by reason of the acts and things
hereinabove enumerated.
d) If, during the term of this Lease, the tax assessor of Tompkins County
determines that the subject parcel is not tax exempt, this lease shall be deemed void,
unless LESSEE agrees to pay - and in fact does timely pay - any taxes levied upon
the premises. In the event that this Lease is deemed void for that reason, the
parties shall attempt in good faith to re-negotiate the Lease terms.
ARTICLE TEN: NOTICES.
Any notice which may be required under the terms of this lease shall be given
in writing, personally to:
For LESSOR: Mayor Attorney for the City
108 East Green Street 108 East Green Street
Ithaca, New York 14850 Ithaca, New York 14850
and
For LESSEE: Project Growing Hope, Inc.
P.O. Box 606
Ithaca, New York 14851
ARTICLE ELEVEN: ASSIGNMENT
It is hereby covenanted and agreed by and between the parties hereto that
LESSEE may not sell, convey or assign its interest in the demised premises and in
any structures or improvements thereon without the written consent of LESSOR. The
approval of one assignment by LESSOR shall not constitute approval for any
subsequent assignment.
ARTICLE TWELVE: SURRENDER OF PREMISES;
DISPOSITION OF IMPROVEMENTS
Upon the termination of this lease, as a result of default (per ARTICLE NINE)
or early termination, or upon its expiration (or the expiration of a renewed term,
per ARTICLE SIXTEEN, if applicable), LESSEE covenants and agrees to surrender
the demised premises, peaceably and at once, and to deliver up the same to
LESSOR, subject to the remaining provisions of this Article. LESSEE shall be
entitled - but not required - to remove from the demised premises any
improvements LESSEE has made to said premises, including but not necessarily
November 6, 2013
20
limited to any structures (e.g., sheds, fencing, gazebo) and the topsoil from the
gardens (defined as the top eight inches of soil), provided that a relocation site
requires topsoil. Any such removal must occur prior to said termination date, must
be complete (i.e., without leaving debris, hazards, or holes in the ground) and shall be
at LESSEE’s sole cost.
ARTICLE THIRTEEN: CONDEMNATION
If any person or corporation, municipal, public, private or otherwise, shall, at
any time during the term of this lease, lawfully condemn and acquire title to the
demised premises or any portion thereof, or to any building or the appurtenances now
or hereafter erected thereon, or to any easement therein, in or by condemnation
proceedings pursuant to any law, general, special or otherwise, then, in that case,
LESSOR shall be entitled to and shall receive the entire award or payment therefor;
and LESSEE shall assign and does hereby assign and transfer to LESSOR such
award or payment as may be made therefor. LESSOR, in any event, shall be
entitled to receive any and all awards or payments made for any buildings and the
appurtenances which shall be so taken or for any damages thereto, free, clear and
discharged of every claim of every kind whatsoever by or on the part of LESSEE,
except as hereinafter specifically provided, and such award or payment is hereby
transferred and assigned to LESSOR by LESSEE; and LESSEE hereby further agrees
that for the purpose of obtaining such award or payment, and for all other purposes,
all the buildings and improvements now standing upon the demised premises are the
sole and absolute property of LESSOR and that in no event and under no
circumstances shall LESSEE be entitled to receive or retain any award or payment
or any part thereof except as hereinafter specifically provided. Notwithstanding
anything hereinbefore contained to the contrary, if LESSEE shall have commenced or
completed the erection of a new building or buildings or other improvements and such
condemnation takes place after the commencement or completion of the said new
building or buildings, then LESSOR agrees to pay LESSEE out of the condemnation
award or payment when paid, a sum equal to the amount awarded or paid in
condemnation as the value of such building or improvements. If, in the
condemnation proceeding, the value of the land and of the buildings and other
improvements are not separately determined, then the value of the building or other
improvements shall be determined by arbitration. LESSOR agrees to give LESSEE
notice of any condemnation proceedings immediately upon knowledge of such
proceedings.
ARTICLE FOURTEEN: NON-DISCRIMINATION
It is mutually understood and agreed that LESSEE, in the employment of its
agents, contractors and/or employees, shall not discriminate against any employee,
applicant for employment, subcontractor, supplier of materials or services or program
participant because of actual or perceived age; creed; color; disability; ethnicity;
familial status; gender; height; immigration or citizenship status; marital status;
national origin; race; religion; sex; sexual orientation; socioeconomic status; or weight;
and any construction contract entered into by LESSEE shall contain such a
nondiscriminatory clause.
ARTICLE FIFTEEN: MISCELLANEOUS PROVISIONS
a) Waivers of Lien.
LESSEE covenants and agrees that LESSEE will not make any contract or
agreement, either verbal or written, for labor, services, materials or supplies in
connection with any improvements at any time situated upon the demised land
without securing in such contract or agreement a waiver or waivers of lien against
LESSOR's interest in the demised premises; and it is expressly understood and
agreed, and notice is hereby given, that no persons, firms, or corporations furnishing
labor, materials or services for the construction, reconstruction, alteration or addition
to any building at any time during the term hereof situated upon the demised
premises shall have any lien upon LESSOR's interest in the demised premises and
November 6, 2013
21
that any and all liens upon LESSEE's estate and interest in the demised land and the
buildings and improvements situated thereon shall be subject to the prior rights of
LESSOR under the terms and provisions of this Lease Agreement, and no authority
is given by this Lease to LESSEE, expressly or impliedly, to bind LESSOR for the
payment of any money in connection with the construction, repairing, alterations,
additions or reconstruction work on the demised premises, nor is there any authority
given LESSEE by this lease, directly or indirectly, to permit any mechanic’s lien,
materialman's lien, or contractor’s lien to arise against LESSOR's interest in the
demised land or the buildings or improvements thereon, and LESSEE expressly
agrees that it will keep and save the demised premises, and LESSOR, harmless from
all costs and damages arising from any such liens or lien of any character created
through any act or anything done by LESSEE.
b) Title.
LESSOR represents and warrants that it is the owner in fee of the demised
premises, as described in Schedule “A,” attached hereto, free of all liens and
encumbrances.
c) Severability.
In the event that any term, condition, clause or provision of this agreement
shall be deemed null and void, the remaining terms, conditions, clauses and
provisions of this lease agreement shall remain in full force and effect, unless the
rights of either party are materially affected by the deletion of such term, condition,
clause or provision, in which case either party may elect within 90 days after the date
of the notification to declare said lease null and void in its entirety.
ARTICLE SIXTEEN: RIGHT TO INSPECT
LESSOR shall have the right to inspect any part of the premises without notice at
any time.
THIS AGREEMENT shall be binding upon the parties and their successors in
title.
IN WITNESS WHEREOF, the parties hereto have placed their hands and
seals as of the date(s) set forth below.
SCHEDULE A
The premises leased to Project Growing Hope, Inc., by the City of Ithaca,
pursuant to a Lease Agreement executed in 2013 between said parties,
consist of the following:
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Ithaca,
County of Tompkins and State of New York, shown as “Parcel A” and “Parcel B” (both
of which are also denoted as “Community Gardens”) on a survey map entitled
“Survey Map - Carpenter Business Park, Third Street and New York State Route 13,
City of Ithaca, Tompkins County, New York,” dated 6/1/2001 and as revised on
2/15/02, more particularly bounded and described as follows:
PARCEL A: Commencing at a pin set in the southeasterly boundary of lands
reputedly of the Norfolk Southern Railroad, where said boundary intersects with a
northeasterly line of premises (demarcated as 'Parcel F' on the above-referenced
survey map) conveyed by Building Links, Inc., to Templar, LLC, by deed dated
February 20, 2002, which deed was recorded on February 22, 2002, in the Tompkins
County Clerk’s Office in Liber CD2504 of deeds at page 965, said point of beginning
being located 691.28 feet southwesterly from a pin set in the southerly line of Third
Street Extension; running thence North 34 degrees 41 minutes 32 seconds East
a distance of 419.10 feet to a point in said boundary of lands of the Norfolk Southern
Railroad; running thence southerly on a curve to the left, an arc distance of 65.82
November 6, 2013
22
feet, with a chord running South 4 degrees 4 minutes 54 seconds West for a chord
distance of 65.60 feet, along the westerly line of a roadway known as Carpenter
Circle; running thence South 4 degrees 7 minutes 11 seconds East a distance of
85.80 feet along said line; running thence on a curve to the right, an arc distance of
97.88 feet, with a chord running South 15 degrees 54 minutes 37 seconds West
for a chord distance of 95.90 feet, along said line; running thence South 35
degrees 56 minutes 24 seconds West a distance of 203.2 feet to a point marked by a
pin set in said line; running thence North 56 degrees 14 minutes 08 seconds
West a distance of 113.65 feet to the point or place of beginning.
PARCEL B: Commencing at a point 0.2 feet easterly of a chain link fence
dividing what is demarcated on the above-referenced survey map as “Parcel B” and
'Parcel H' from New York State Route 13, which point is located South 33 degrees 47
minutes 32 seconds West a distance of 247.00 feet, approximately along said chain
link fence, from the intersection of New York State Route 13 with a southeasterly
boundary of land reputedly of Benjamin; running thence South 33 degrees 47
minutes 32 seconds West a distance of 228.30 feet to a point marked by an iron pin;
running thence North 56 degrees 11 minutes 5 seconds West a distance of 196.92 feet
to a point marked by an iron pin set in the easterly line of a roadway known as
Carpenter Circle; running thence North 35 degrees 56 minutes 24 seconds East
along said line for a distance of 201.00 feet to a point; running thence on a curve to
the left, an arc distance of 139.83 feet along said line, with a chord running North 15
degrees 54 minutes 37 seconds East for a chord distance of 137.00 feet, to a point
marked with an iron pin; running thence South 30 degrees 54 minutes 28 seconds
East a distance of 264.72 feet to the point or place of beginning.
Being a portion of the premises conveyed to the City of Ithaca by deed from
the New York State Electric and Gas Corporation dated February 21, 1986 which
deed was recorded in the Tompkins County Clerk’s Office on March 13, 1986 in Liber
615 of Deeds at page 797.
TOGETHER WITH the right of access to and along the street commonly
known as Carpenter Circle, for the purpose of providing access (from Third Street) by
the public to the premises leased from the City of Ithaca by Project Growing Hope,
Inc., which right was retained when said street was conveyed by the Ithaca Urban
Renewal Agency to Building Links, Inc.
SUBJECT TO rights retained by the New York State Electric and Gas
Corporation in the aforesaid deed for permanent easement and rights of way upon,
over, across and under the above described premises as more particularly set forth in
the aforementioned deed from the New York State Electric & Gas Corporation to the
City of Ithaca.
Discussion followed on the floor regarding the new termination language and the
notification requirements.
A vote on the revised Ordinance/Lease resulted as followed:
Ayes (9) Dotson, Brock, Murtagh, McCollister, Fleming, Smith, Kerslick,
Mohlenhoff, Proulx
Nays (1) Clairborne
Carried (9-1)
Mayor Myrick thanked Alderpersons Proulx and Murtagh for the time and hard work
they dedicated to this issue.
9.2 Common Council - Housing Fund, Funding Round #7 – Authorize
Disbursement of $75,000 Pursuant to an Executed MOU - Resolution
By Alderperson Proulx: Seconded by Alderperson Kerslick
WHEREAS, pursuant to an executed MOU, the Program Oversight Committee for the
Cornell/City/County Housing Fund recommends that the City of Ithaca approve funding
assistance for the following affordable housing project:
November 6, 2013
23
$75,000 Amici House project, predevelopment loan to conduct feasibility
analysis for a 12-15 unit supportive rental housing project for
homeless young persons including an on-site child care
center/Early Head Start classroom at 661-665 Spencer Rd.,
Tompkins Community Action, and
WHEREAS, the Housing Fund Program Oversight Committee (POC) met on June 19,
2013, to review recommendations from the Application Review Committee of round #7
funding applications for new affordable housing projects, and
WHEREAS, the City of Ithaca is represented on the POC by Alderperson J.R.
Clairborne, Alderperson Chris Proulx, and Doug Dylla, past member of the Ithaca Urban
Renewal Agency (IURA), and
WHEREAS, the Housing Fund was established in 2009 by Memorandum of Agreement
(MOU) as a six-year program between and among the City of Ithaca, Tompkins County
and Cornell University to raise and award funds to increase the supply of permanently
affordable housing in the County, and
WHEREAS, the Common Council determined that City contributions to the Housing
Fund should be used to assist projects located within the City of Ithaca, and
WHEREAS, City funds committed to the Housing Fund are derived from Gateway Loan
proceeds that originated from sale of City-owned land for the Eddygate project, and are
held by the IURA, and
WHEREAS, a total of up to $500,000 from the Housing Fund is available to award in
round #7 as follows:
Funding Sources ($1,000s)
Cornell Tompkins City of
Funding Awards University County Ithaca Total
Annual Funds Pledged 200 100 100 400
Round #1 (2009) 14510030 275
Round #2 (2010) 757070 215
Round #3 (2011) 1001000 200
Round #4 (2011) 0030 30
Round #5 (2012) 0 0 0 0
Round #6 (2012) 420130230 780
Totals Awards to Date 740400360 1,500
Funds Available for Round #7 260100140 500
and,
WHEREAS, the POC recommends round #7 funding of $375,000 for three affordable
housing projects, and
Round #7, Housing Fund - Recommended Funding Awards
Funding ($1,000s) Applicant Project # Afford.
Units Location Cornell County City Total
Ithaca
Neighborhood
Housing
Services
Scattered Site
New
Construction
7 owner-
occupied
(C)Ithaca
-402 S. Cayuga
-214 Second St.
-203 Third St.
2100 0 210
Tompkins
County Action Amici House 12-15
rental
(C)Ithaca
-661 & 665
Spencer Rd
00 75 75
Peterson/
Seven Circles
LLC
White Hawk
Ecovillage
3 owner-
occupied
(T)Danby
-Rt. 96B/
Gunderman Rd
090 0 90
Totals 22-25 21090 75 375
WHEREAS, providing funding to conduct feasibility analysis for a proposed housing
project is a type II action under SEQR/CEQRO provided the funding does not commit
November 6, 2013
24
the agency to commence, engage in or approve the housing project, therefore no
environmental review is required for this action; now therefore be it
RESOLVED, That the Common Council for the City of Ithaca hereby authorizes an
expenditure of up to $75,000 for the Amici House project to conduct feasibility analysis,
and be if further
RESOLVED, That such funds shall be derived from Gateway Loan Proceeds held by
the Ithaca Urban Renewal Agency, and be it further,
RESOLVED, That the Mayor is authorized, subject to advice of the City Attorney, to
execute a fiscal agency agreement with Tompkins County to implement this resolution.
Carried Unanimously
9.3 DPW – Water and Sewer – Amendment to Personnel Roster Utilities System
Locator Technician Position - Resolution
By Alderperson Proulx: Seconded by Alderperson Clairborne
WHEREAS, the Water and Sewer Division anticipates that a vacancy in the position of
Utilities Systems Location Technician will occur during the summer of 2014, and
WHEREAS, the Utilities Systems Location Technician is a specialized position that
requires significant field training, and
WHEREAS, the Civil Service Commission approved the New Position Duties Statement
for the Utilities Systems Location Technician for City of Ithaca DPW Water & Sewer
Division on October 2, 2013, and
WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division
has budgeted to provide for this position in the 2014 proposed budget, and
WHEREAS, the City of Ithaca as an owner and operator of underground facilities and
utilities is required to provide underground facility and utility location and mark-out in
response to Dig Safely New York requests in compliance with NYS law, Public Service
Law 119-b Protection of Underground Facilities and General Business Law Article 36
sections 760-767, and
WHEREAS, the Water and Sewer Division needs to fill the Utilities Systems Location
Technician position a minimum of six (6) months in advance of the actual vacancy to
allow for adequate training and a smooth transition; now, therefore, be it
RESOLVED, That the Personnel Roster of the Water and Sewer Division of the
Department of Public Works be amended by adding a second position of Utilities
Systems Location Technician with an effective date of January 1, 2014, and be it further
RESOLVED, That upon the resignation of the current Utilities Systems Location
Technician, the position vacated through resignation shall be abolished effective on the
employee's resignation date, and be it further
RESOLVED, That the second position of Utilities Systems Location Technician is
funded in the 2014 budget for a total of six months and any extension to that timeframe
will require additional Common Council action.
Carried Unanimously
9.4 DPW – Water and Sewer – Amendment to Personnel Roster for Civil
Engineer Position - Resolution
By Alderperson Proulx: Seconded by Alderperson Kerslick
WHEREAS, The City of Ithaca DPW Water & Sewer Division has need of a higher level
engineering position to meet the demands of the ever increasing complexity of the technology
associated with the sustainable, efficient, and cost effective management of the Cities Water &
Sewer Infrastructure, and
WHEREAS, The City of Ithaca DPW Water & Sewer Division has need of a higher level
engineering position to facilitate the present work load and future work plans in order to provide
November 6, 2013
25
adequate levels of capital construction project management, design, and engineering oversight,
both in support of the Divisions daily operations, maintenance, repairs, and in our capital
improvement projects, and
WHEREAS, the demand for a higher level of Engineering technical support within the Division
has significantly increased with the $37M Water Supply Project for the rebuilding of the Water
Treatment Plant and rehabilitation of associated water production and storage infrastructure; our
continuing capital projects at the wastewater treatment plant in our transition to an energy
producing resource recovery facility; and in the engineering and planning of economically and
energy sustainable asset management for the maintenance and replacement of our water
distribution and wastewater collection systems, and
WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division currently
has the funded Title of Assistant Civil Engineer on the roster, and
WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division has need
of the Title of Civil Engineer on the roster, and
WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division has
budgeted to provide for this position in both the 2013 budget and the 2014 proposed budget,
and
WHEREAS, the Civil Service Commission approved the New Position Duties Statement for the
Civil Engineer for City of Ithaca DPW Water & Sewer Division on July 10, 2013, now, therefore,
be it
RESOLVED, That effective December 1, 2013 the Personnel Roster of the DPW Water &
Sewer Division be amended as follows:
Delete: (1) Assistant Civil Engineer, Salary Grade 20, Administrative Unit
Add: (1) Civil Engineer Salary Grade A, Executive Association
and, be it further
RESOLVED, That the Civil Engineer position will be filled promotionally from within the
Department of Public Works, and be it further
RESOLVED, That funds necessary for said roster amendment shall be derived from the existing
2013 and 2014 DPW Water and Sewer budgets.
Carried Unanimously
9.5 DPW - Request Funding for Engineering Services Agreement for Influent
Building and Dewatering System - Resolution
By Alderperson Proulx: Seconded by Alderperson Kerslick
WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) is in need of
certain Capital Improvements, and
WHEREAS, GHD Engineers completed an Engineering Report entitled “IAWWTF
Influent Building and Dewatering System Improvements Study” as the final project
funded by Capital Project 416J, and
WHEREAS, in order for the staff to maintain its goals as embodied in its five year capital
plan, this agreement provides engineering services for the next set of proposed capital
improvements, and
WHEREAS, this authorization for an amount not to exceed $274,000 will allow GHD to
design the improvements to the Influent Building, including replacement of the bar
screen equipment and the addition of a new biosolids dewatering system as identified in
the aforementioned engineering study, and
WHEREAS, the Special Joint Committee (SJC) approved said professional services
contract with GHD at its meeting of October 9, 2013 contingent on fund availability and
attorney approval of the agreement, and
WHEREAS, the funding supplied by this resolution will be placed in accounts for Capital
Project 419J; now therefore be it
November 6, 2013
26
RESOLVED, That Common Council hereby recommends an amount not to exceed
$274,000 to fund the proposed agreement with GHD Engineers utilizing funds from the
new authorization for CP 419J IAWWTF Influent Building and Dewatering System
Improvements, and, be it further
RESOLVED, That Common Council hereby authorizes this project contingent upon
action by all wastewater partners committing their percentage of reimbursement shares
to the Joint Activity Fund allocated per the Joint Sewer Agreement as follows:
Municipality Percentage Project Cost
City of Ithaca 57.14 $156,563.60
Town of Ithaca 40.88 112,011.20
Town of Dryden 1.98 5,425.20
$ 274,000.00
and, be it further
RESOLVED, That funds needed for the IAWWTF Influent building and Dewatering
System Improvements projects shall be derived from the combination of J-1 Capital
Reserve Funds and the issuance of Serial Bonds as determined by the City Controller.
Carried Unanimously
9.6 City Controller’s Report
City Controller Thayer reported on the following:
The final budget vote will take place at a Special meeting of Council on
November 12, 2013
The assessment revenue for the 2014 budget has increased slightly ($4,946)
2013 Activity:
o Insurance claims are very active – the City is currently shopping all
insurances trying to find better premium rates. Insurance companies are
taking a close look at the status of the City’s dams. The Water Filtration
Plant construction project will include improvements to the dams.
o 2012 Financial statements are being completed
o Sales tax collections are fluctuating and are currently 2.1% higher than
2012 activity. A 2.8% increase was budgeted for 2013. The decrease in
fuel prices impacts this revenue stream.
o Overtime: $960,000 budgeted - $748,000 has been expended to date
o Building Permit Revenue: $819,000 budgeted - $435,000 collected to date
o Mortgage Tax Revenue: $390,000 budgeted – collection is expected to be
$778,000
o Parking Revenue: $2.59 million budgeted - $1.62 million collected
Alderperson Proulx reminded Council that the next City Administration Committee
meeting would be held on Monday, November 25, 2103 at 6:30 p.m. due to the
Thanksgiving holiday.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
Alderperson Murtagh reported that the following presentations would be made at the
next Planning and Economic Development Committee meeting and invited all members
of Council to attend:
- Town of Ithaca - Planned Development Zones
- Ithaca Motion Picture Project
GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE:
Alderperson Mohlenhoff stated that the only agenda item for the next GPA Committee
meeting would be a facilitated discussion with representatives from each of the City’s
volunteer boards and committees regarding potential new organizational and
operational structures. Approximately 15 people have committed to attend so far.
November 6, 2013
27
MAYOR’S APPOINTMENTS:
15.1 Board of Zoning Appeals
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
RESOLVED, That Gabriel Holbrow be reappointed to the Board of Zoning Appeals with
a term to expire December 31, 2016, and be it further
Cable Access Oversight Committee
RESOLVED, That Michael Brutvan be reappointed to the Cable Access Oversight
Committee with a term to expire December 31, 2016, and be it further
RESOLVED, That E. Wayles Browne be reappointed to the Cable Access Oversight
Committee with a term to expire December 31, 2016, and be it further
Commons Advisory Board
RESOLVED, That Tim Gray be reappointed to the Commons Advisory Board with a
term to expire December 31, 2015, and be it further
RESOLVED, That Chris Georgaroudakis be reappointed to the Commons Advisory
Board with a term to expire December 31, 2015, and be it further
RESOLVED, That Joseph Gaylord be reappointed to the Commons Advisory Board
with a term to expire December 31, 2015, and be it further
Community Police Board
RESOLVED, That Johnny Wright be reappointed to the Community Police Board with a
term to expire December 31, 2016, and be it further
RESOLVED, That Richard Rogers be reappointed to the Community Police Board with
a term to expire December 31, 2016, and be it further
RESOLVED, That E. Alex Brower be reappointed to the Community Police Board with a
term to expire December 31, 2016, and be it further
Examining Board of Plumbers
RESOLVED, That David Warden be reappointed to the Examining Board of Plumbers
with a term to expire December 31, 2016, and be it further
Ithaca Housing Authority Board
RESOLVED, That Christopher Malcolm be reappointed to the Ithaca Housing Authority
Board with a term to expire October 17, 2017, and be it further
RESOLVED, That Donald Byrd be appointed to the Ithaca Housing Authority Board with
a term to expire October 17, 2017, and be it further
Natural Areas Commission
RESOLVED, That F. Robert Wesley be reappointed to the Natural Areas Commission
with a term to expire December 31, 2016, and be it further
Parks Commission
RESOLVED, That Daniel Krall be reappointed to the Parks Commission with a term to
expire December 31, 2016, and be it further
RESOLVED, That Stephen Schmidt be reappointed to the Parks Commission with a
term to expire December 31, 2016, and be it further
Planning and Development Board
RESOLVED, That Govind Acharya be reappointed to the Planning and Development
Board with at term to expire December 31, 2015, and be it further
Shade Tree Advisory Committee
RESOLVED, That Keith Vanderhye be reappointed to the Shade Tree Advisory
Committee with at term to expire December 31, 2016, and be it further
November 6, 2013
28
RESOLVED, That Monika Roth be reappointed to the Shade Tree Advisory Committee
with at term to expire December 31, 2016, and be it further
RESOLVED, That Daniel Klein be reappointed to the Shade Tree Advisory Committee
with at term to expire December 31, 2016, and be it further
Workforce Diversity Advisory Committee
RESOLVED, That Erin Sember-Chase be reappointed to the Workforce Diversity
Advisory Committee with a term to expire December 31, 2016, and be it further
Youth Bureau Advisory Board
RESOLVED, That Augusta Christensen be reappointed to the Youth Bureau Advisory
Board with a term to expire December 31, 2016.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Access Oversight Committee
Alderperson Clairborne reported that there have been audio issues with the City’s digital
television channel and Time Warner is aware of them. Customers who have a digital,
cable ready, television can now view channels 13, 15, 16 on channels 97-3, 97-4, 97-5
and the City specific channel (which is not currently being programmed) on channel 97-
6. People who do not have digital capable television or a cable box can receive a digital
adapter for free from Time Warner Cable.
He further announced that two local producers have received Home Town awards for
programming they produced.
REPORT OF CITY ATTORNEY:
City Attorney Lavine requested an Executive Session to discuss pending litigation.
Motion to Enter into Executive Session:
By Alderperson Mohlenhoff: Seconded by Alderperson Dotson
RESOLVED, That Common Council enter into Executive Session to discuss pending
litigation.
Carried Unanimously
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
MINUTES FROM PREVIOUS MEETINGS:
19.1 Approval of the October 2, 2013 Common Council Meeting Minutes –
Resolution
By Alderperson Dotson: Seconded by Alderperson Proulx
RESOLVED, That the minutes of the October 2, 2013 Common Council Meeting be
approved as published.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 8:45 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor