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HomeMy WebLinkAbout07-25-12 City Administration Committee Meeting Agenda a. City Administration Meeting s Wednesday, July 25, 2012 6:00 p.m. ti City Hall - Council Chambers AGENDA ITEMS 1. Chairperson Greeting& Opening Statement 2. Announcements 3. Agenda Review and Amendments 4. Approval of Minutes 5. Statements from the Public 6. Employee Comments 7. City Administration Members Response 8. Workforce Diversity Committee 9. Mayor's Report 10. 2013 Budget Topics/Updates 25 Min 10.1 Labor Contract Comparison - Discussion 11. Common Council 11.1 Community Garden Purchase Option—Discussion/Possible Resolution 30 Min 11.2 Mayor Chief of Staff Position—Discussion 20 Min 12. Attorney's Office 12.1 Proposal to Explore Consortium for Time Warner Franchise Agreement— 15 Min Resolution 13. Human Resources 13.1 Director's Report 15 Min 14. Finance/Controller's Office 14.1 Approval of Corrective Action Plan for NYS Audit Report— Resolution 15 Min 14.2 Approval of Budget Amendments—Resolution 5 Min 14.3 Controller's Report 15 Min 15. Reports 15.1 Sub-Committee Updates 15 Min 15.2 Novak Report 5 Min 15.3 Next Month's Meeting: August 22,2012 If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Controller's Office at 607-274-6576 at least 48 hours before the meeting. 11. Common Council .1 Resolution Directing the Mayor to Proceed to a Closing on Carpenter Business Park Tax Parcel 36-1-3.4 in a Timely Manner After Receipt of Option Holder's Notice WHEREAS, Aeon Development, LLC, agent for the owners of almost eight acres of undeveloped land zoned I-1 located in Carpenter Business Park(CBP) and for Building Links, Inc., the holder of an option to purchase CBP City-owned property,has publicly stated the readiness and intent of the owners and option holder to move forward with the development of the Carpenter Business Park for local business purposes, and WHEREAS, the Purchase Agreement for the above-mentioned CBP land executed in 1999 between Building Links, Inc. and the City of Ithaca/IURA gave the purchasers an option to purchase additional land, more specifically, City-owned CBP Tax Parcel 36-1-3.4, and that option to purchase was further defined in another agreement executed in 2002, and WHEREAS, City Tax Parcel 36-1-3.4 was leased for a 20-year term in 1993 by the City to Project Growing Hope, Inc. for community gardens purposes and that lease will expire on December 31, 2013, and WHEREAS, the agent for the CBP owners and option holder has publicly stated that both the ownership and control of City Tax Parcel 36-1-3.4 and NYSEG's underground relocation of the high-voltage power lines located on that parcel over the Community Gardens have always been a critical part of their development plan for CBP, and WHEREAS,NYSEG has expressed willingness to cooperate and provide funding for such an underground relocation, and WHEREAS, new sites for community gardens, including scattered sites within walking distance for gardeners in City neighborhoods, can be found since the City owns many vacant,unused parcels within the City, and WHEREAS, community gardens are recognized by the New York State Office of Parks, Recreation and Historic Preservation as an appropriate use of parkland, and WHEREAS, the agent for the CBP owners and option holder has expressed interest in and is engaged in assisting with a new community gardens program; now,therefore, be it RESOLVED, That Common Council hereby authorizes the Mayor and the Director of Planning and Development to create a Community Gardens Initiative and develop a list of possible sites appropriate for community gardens throughout the City, and be it further RESOLVED, That Common Council hereby authorizes the Mayor,upon the advice of the City Attorney, to proceed to a closing with the option holder on the sale of Carpenter Business Park Tax Parcel 36-1-3.4 in an expeditious and timely manner after receipt of Notice of Intent to exercise the Option and further directs the Mayor not to execute a new lease with any party for that parcel. J:\DRedsicker\AGENDAS\City Admin Comm\2012\7-25 CA Agenda.doc 726/12 Railroad Last updated 8t2009 Childrenbs Triangle tree planting area ®water tree planting area manure & mulch Garden I19 20 21 22 23 24 25 2F�,,, 28HF Master 30 31 ®3 33 34 35 338 Composters 4Frr7� w 41 42 43 44 45 DEE 51 52 53 54 55 ®water Plot sizes not to scale *Plots 102 and 150 are in two sections wheelchair erenma garden 201 200 100 101 � � manure 109 water fte 203 202 103 104 110 0 204 205 120- 210 06 207 117 211 212 111 112 213 214 118 220 215 221 216 121 122 123 124 125 127 222 223 224 131 230 225 226 132 133 134 135 137 231 232 233 234 235 236 140 141 142 143 144 145 146 240 241 242 243 244 151 152 � 153 154 155 ® water 245 246 ',,... 156 250 251 252 161 162 163 253 254 255 256 - 261 171 172 173 262 263 26 ''.. 265 266 181 182 183 275 compost area 276 Route 13 d ta$$g3 ";eZ ®° OCT 8 t ..... CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW Y RK -14850 OFFICE OF TELEPHONE: (607)274-6504 CITY ATTORNEY MEMORANDUM FAX: (607)272-7348 TO: Cookie Paolangeli, City Clerk FROM: Chuck Guttman, City Attorney 1 DATE: October 15, 1993 RE: City of Ithaca Community Gardens Lease Enclosed please find the signed original lease regarding the above matter for filing. "'An Equal Opportunity Employer with an Affirmative Action Program" Recycled Paper OCT CITY OF ITHACA COMMUNITY GARDENS LE F This lease, made this day of , 1993 , 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, hereinafter referred to as the "lessor" ; and PROJECT GROWING HOPE, INC. , a not-for-profit cooperative corporation, duly organized and existing under and by virtue of the laws of the State of New York, with address at P.O. Box 606, Ithaca, State of New York, hereinafter referred to as the "lessee" . WITNESSETH: ARTICLE FIRST: PREMISES AND TERM. TO HAVE AND TO HOLD the premises more particularly described in Schedule "A" with the rights, privileges, easements and appurtenances thereunto belonging or attaching, unto the lessee for and during the period from January 1, 1993 to December 31, 2013 the lessee holding possession and paying rent therefor and performing and complying with the covenants, agreements, provisions and conditions as hereinafter provided. PROVIDED, NEVERTHELESS. (a) If the 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 contained, which, on the part of the lessee, are or ought to be observed, performed and fulfilled and except where a specific time is herein c:\wp51\agreements\comgarden. lse 06/23/93 1 provided for the performance of any covenant or condition, when such default shall not be made good within thirty (30) days after notice and demand given pursuant to the provisions of ARTICLE SIXTH hereof; or (b) If, during the demised term, the 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 permanent receiver or trustee in bankruptcy be appointed for the lessee's property and such appointment for a temporary receiver be not vacated and set aside within ninety (90) days from the date for such appointment, or in the event of any attempted transfer or other devolution of the interest of any part thereof of the lessee to any other person or corporation by reasons of the several acts and things hereinabove last enumerated; THEN, in any of the events enumerated above, the lessor may, at its option, and thirty (30) days notice in writing, served as provided in ARTICLE SIXTH hereof, terminate this lease; and this lease and the term thereof shall automatically cease and terminate at the expiration of said thirty (30) day period; and it shall be lawful for the 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, or by force or otherwise. c: \wp51\agreements\comgarden. lse 06/23/93 2 ARTICLE SECOND: RENTAL. For and in consideration of the leasing aforesaid, the lessee hereby covenants and agrees to and with the lessor to pay to the lessor as and for rent the sum of One Dollar ($1. 00) per year. ARTICLE THIRD: USE OF PREMISES. (a) The City of Ithaca affirms the public benefit provided residents of the City of Ithaca by the Ithaca Community Gardens. The Lessee covenants and agrees that it will, during the period of this lease, reasonably use the demised premises and any building and improvement situated thereon for public community gardens in a manner similar to the past use on 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 which are attached hereto as Exhibit "B" including giving priority to 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, park 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) The lessee further covenants and agrees that at all times during the demised term, the premises including the buildings and c:\wp51\agreements\comgarden. lse 06/23/93 3 improvements situated thereon or connected therewith and all appurtenances thereto and equipment thereof shall be kept by the lessee at its own expense in good repair and in a clean, safe, wholesome and tenantable condition and in conformity with the requirements of all municipal, county, state and federal laws, rules and regulations; that all health, police, zoning, fire, building, subdivision, and other regulations shall, in all respects and at all times, be fully complied with by the lessee and in particular that at the end of the growing season the site will be appropriately cleaned and winterized; that the lessee will not at any time remove or permit to be removed any existing building or improvement from the demised land except as in this lease provided; that the lessee will keep the premises and improvements thereon insured against liability and fire or other hazards and shall save the lessor harmless and indemnify it 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 laws, 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, 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 ce \wp51\agreements\comgarden.lse 06/23/93 4 of the failure of the 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. ARTICLE FOURTH: IMPROVEMENTS. It is understood and agreed that in the event the 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 THIRD hereof. Any such improvements shall be subject to City of Ithaca Site Plan Review procedures. ARTICLE FIFTH: INSURANCE. Lessee shall keep the premises insured as provided in Article 3 (b) and the amount of insurance shall be as reasonably approved by the lessor and proof of insurance and the inclusion of the lessor as an additional insured in all such policies of insurance shall be provided in writing to the 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. c: \wp5l\agreements\comgarden. lse 06/23/93 5 ARTICLE SIXTH: 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 14850 For LESSEE: Project Growing Hope, Inc. P.O. Box 606 Ithaca, New York 14851 ARTICLE SEVENTH: WAIVERS OF LIEN. The lessee further covenants and agrees that the 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 the 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 land shall have any lien upon the lessor's interest in the demised premises and that any and all liens upon the lessee's estate and interest in the demised land and the buildings and improvements situated therein shall be subject to the prior rights of the lessor under the terms and provisions of c: \wp51\agreements\comgarden.lse 06/23/93 6 this lease agreement, and no authority is given by this lease to the lessee, expressly or impliedly, to bind the 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 the lessee by this lease, directly or indirectly, to permit any mechanics, material-men's, contractors' liens to arise against the lessor s interest in the demised land or the buildings or improvements thereon, and the lessee expressly agrees that it will keep and save the demised premises and the 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 the lessee. ARTICLE EIGHTH: SURRENDER Upon the termination of this lease by forfeit or upon its expiration, the lessee covenants and agrees at once to surrender peaceably and deliver up to the lessor, the demised premises together with all buildings and permanently fixed improvements thereon including those constructed after the execution of this agreement, in good condition, and that all building and permanently fixed improvements thereon shall thereafter belong to the lessor without the necessity of any deed of conveyance or other assignment or transfer by the lessee and that no compensation shall be allowed or paid therefor to the lessee or to anyone claiming by, through, or under the lessee. The lessor recognizes that structures may be designed to be removable. The lessee may have the right to negotiate with the lessor for removal of any such structures. c: \wp51\agreements\comgarden. lse 06/23/93 7 ARTICLE NINTH: ASSIGNMENT. It is hereby covenanted and agreed by and between the parties hereto that the lessee may not sell, convey or assign its interest in the demised premises and in the buildings thereon without the written consent of the lessor. Further provided that approval of one assignment by the lessor shall not constitute approval for any subsequent assignment. ARTICLE TENTH: LESSEE TERMINATION. The lessee may terminate this lease at any time by giving 30 days written notice to the lessor. It is further understood and agreed that in the event of the assignment of the interest of the lessee in the demised premises and any improvements thereon by operation of law, this lease agreement shall cease and terminate, and the lessee's interest in the demised premises and/or in the building or appurtenances constructed or reconstructed thereon shall revert to the lessor as provided for in article EIGHTH, and the lessor shall be deemed to be the sole owner thereof, free of all liens and encumbrances. It is further understood and agreed that in such event, any and all obligations of the lessee hereunder shall cease and terminate. ARTICLE ELEVENTH: 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 c:\wp51\agreements\comgarden.lse 06/23/93 8 hereafter erected thereon, or to any easement therein, in or by condemnation proceedings pursuant to any law, general, special or otherwise, the lessor shall be entitled to and shall receive the entire award or payment therefor; and the lessee shall assign and does hereby assign and transfer to the lessor such award or payment as may be made therefor. The 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 the lessee, except as hereinafter specifically provided, and such award or payment is hereby transferred and assigned to the lessor by the lessee; and the 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 the lessor and that in no event and under no circumstances shall the 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 the 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 the lessor agrees to pay the lessee out of the condemnation award or payment when paid, c: \wp5l\agreements\comgarden. lse 06/23/93 9 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. The lessor agrees to give the lessee notice of any condemnation proceedings immediately upon knowledge of such proceedings. ARTICLE TWELFTH: WATER, SEWERAGE, AND PARKING. Lessee shall be responsible to construct and interconnect and maintain the necessary water and sewer lines to the existing City systems in accordance with the lessor's engineering criteria. In particular, the lessee shall be responsible for the installation, maintenance and testing of the backflow protection device; the winterization of all water and sewer lines and appurtenances and the scheduling of seasonal turn on and shut off of water. The lessor shall have no responsibility for developing additional parking areas for use by lessee. Lessee shall be responsible for the payment for all utilities used on the premises provided however that it is understood that the lessee has requested and received financial assistance from lessor in paying such utility bills and it is expected that lessee may, in the future, again request such financial assistance from lessor. ARTICLE THIRTEENTH: PUBLIC USE. In the event the lessee shall fail to use said premises for c:\wp51\agreements\comgarden.lse 06/23/93 10 any of the purposes hereinbef ore described in ARTICLE THIRD for one full year during the term of this lease, as provided in ARTICLE SECOND, the lessor may, at its option, notify the lessee of its election to terminate this lease pursuant to ARTICLE FIRST (b) of this agreement. ARTICLE FOURTEENTH: NONDISCRIMINATION. It is mutually understood and agreed that the lessee, in the employment if its agents, contractors and/or employees, shall not discriminate against any person by reason of his or her race, color, creed, sex, age disability, marital status, affectional preference or national origins and any construction contract entered into by the lessee shall contain such a nondiscriminatory clause. ARTICLE FIFTEENTH: NOT-FOR-PROFIT ORGANIZATION. In the event that, at any time during the term of this lease, the lessee or assignee shall cease to be a not-for-profit corporation, this lease shall cease and terminate at the option of the lessor, pursuant to ARTICLE FIRST (b) of this lease agreement. ARTICLE SIXTEENTH: TITLE. Lessor represents and warrants that it is the owner in fee of the demised premises, free of all liens and encumbrances. ARTICLE SEVENTEENTH: This lease shall be void should the tax assessor of Tompkins County determine that the subject parcel is not tax exempt. IN such event, the parties will attempt to re-negotiate this lease. c:\wp51\agreements\comgarden.lse 06/23/93 11 ARTICLE NINETEENTH: 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. 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 the /j day of �� , ', , 1993 . CITY OF ITHACA By: ' BENJAMIN NICHOLS, Chairperson PROD CT GROWI G PE, INC. By: / � _ ` ''rrc-v si u C 11 L c: \wp51\agreements\comgarden. lse 06/23/93 12 Schedule A-City of Ithaca/Community Gardens Lease ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Ithaca, County of Tompkins and State of New York more particularly bounded and described as follows: Commencing at a point in the northerly line of premises conveyed by the City of Ithaca to the Ithaca Urban Renewal Agency by deed dated June 17, 1991, which deed was recorded on July 17, i99i _Ln tiie Tt3iiipkin5 C viiiity Cierk°5 Offic:e in Liber 663 of deeds at page 144, said point of beginning being located from the northerly corner of the said premises conveyed by the City of Ithaca to the Ithaca Urban Renewal Agency south 45 degrees 51 minutes 35. 5 seconds west 217.8 feet and south 46 degrees 16 minutes west 474 . 1 feet; running thence north 46 degrees 16 minutes east 419. 1 feet to a point; running thence on a curve to the left, an arc distance of 65.8 feet, a chord distance of south 15 degrees 39 minutes 21. 6 seconds west 65. 6 feet; running thence south 7 degrees 27 minutes 17 seconds west 85.8 feet; running thence on a curve to the right, an arc distance of 97 . 9 feet, a chord distance of south 27 degrees 29 minutes 4. 7 seconds west 95.9 feet; running thence south 47 degrees 30 minutes 52 . 4 seconds west 203 .2 feet to a point; running thence north 44 degrees 38 minutes west 113 .7 feet to the point or place of beginning. ALSO ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Ithaca, County of Tompkins and State of New York more particularly bounded and described as follows: Commencing at a southeasterly corner of the said premises conveyed by the City of Ithaca to the Ithaca Urban Renewal Agency, said point of beginning being located the following three courses from the point of beginning of the aforesaid deed from the City of Ithaca to the Ithaca Urban Renewal Agency: south 70 degrees 34 minutes west 257 . 1 feet; south 7 degrees 27 minutes 17 seconds west 21. 9 feet; south 19 degrees 20 minutes east 264. 8 feet, said point of beginning being marked by an iron pipe; running thence south 45 degrees 22 minutes west 228. 3 feet to a point; running thence north 44 degrees 38 minutes west 196.9 feet to a point; running thence north 47 degrees 30 minutes 52 .4 seconds east 201. 0 feet to a point; running thence on a curve to the left, an arc distance of 139.8 feet, a chord distance of north 27 degrees 29 minutes 04 . 7 seconds east 137. 0 feet to a point; running thence north 7 degrees 27 minutes 17 seconds east 13 . 0 feet to a point; running thence south 19 degrees 20 minutes west 264 . 8 feet to the point or place of beginning. c:wp51\chuck\comgarden.lse-6/16/93 1 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 Clerk's Office on March 13, 1986 in Liber 615 of Deeds at page 797. 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. cewp5l\chuck\comgarden. lse-6/16/93 2 �'�r _ `•y�� CITE' OF ITHACA v4;a 108 East Green Street Ithaca, New York 14850-5690 , DEPARTMENT OF PLANNING AND DEVELOPMENT ti. �4 ..... � H. IL-=HYS NAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT JOANN CORNISH. DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT Telephone: Planning & Development- 607-274-6550 Community Development,IURA - 607-274-6559 Email: planningCcin.ofithaca.org Email: iura@cityofithaca.org Fax: 607-2-t-6558 Fax: 607-271-6558 March 4, 2002 Project Growing Hope, Inc. PO Box 606 Ithaca, NY 14851 Subject: Sale of Carpenter Business Park Dear Project Growing Hope, Inc.: I am writing to inform you that the Ithaca Urban Renewal Agency and City of Ithaca completed the sale of Carpenter Business Park to Building Links, Inc. on February 19, 2002. Included in the sale is a purchase option of the City- owned parcels leased by Project Growing Hope, Inc. (enclosed). It is my understanding that the purchase option will not affect your current lease of the City-owned property utilized for the Community Gardens,which extends through December 31, 2013,without your consent. During the term of your lease the purchase option may only be exercised with the approval of Project Growing Hope, Inc. Upon expiration of the lease,the option may be exercised if the Common Council decides not to extend or renew the lease with Project Growing Hope, Inc. Please note that property sold to Building Links, Inc. included the Carpenter Circle road right-of-way(including road, curbs and sidewalk). However,the City reserved an easement through Carpenter Circle for access to the Community Gardens. If you have any questions about this matter, please contact me at 274-6559 or by e-mail at nelsb @cityofithaca.org. Respectfully, Nels Bo Director of Community Development, IURA Encl. Purchase option agreement c: P. Dunn,Assistant City Attorney H.M.Van Cort, Executive Director, IURA C.Yahn, Building Links, Inc. project file chrono q:lplanninglstafflnelstiuralproperty dispositionlcarpenteNet project growing hope 3.4.02.doc "An Equal Opportunity Employer with a commitment to workforce diversification." 4 0 OPTIOti TO PU CHASE REAL PROPERTY This agreement is made and entered into this day of February, 2002, by and between the City of Ithaca„ with offices at 108 East Green Street, City of Ithaca, Tompkins County, State of New York, herein called "Optionor", and Building Links, Inc., a not-for-profit corporation with principal address at P.O. Box 6803, Ithaca, New York, herein called "Optionee". In consideration of the sum of One Dollar ($1.00) paid by Optionee to Optionor, the receipt of which is hereby acknowledged, and other good and valuable consideration, Optionor hereby grants to Optionee, Optionee's heirs, executors, administrators, successors and assigns, the exclusive right and option to buy certain property located in the City of Ithaca, County of Tompkins, State of New York, commonly known as the Community Gardens, bounded and described as follows: 1. Description of property. ALL THAT TRACT OR PARCEL OF LAND situate in the City of Ithaca, County of Tompkins and State of New York, beginning at a point in the northerly line of the premises of the grantor which point is located the following courses and distances from a pin set in the northerly line of the premises of the grantor and the westerly line of Third Street: S 34° 17' 32" W along the northerly boundary of the lands of the grantor a distance of 217.82 feet to a pin set in the northwesterly comer of the street known as Carpenter Circle; thence S 34° 41' 32" W a distance of 55.00 feet to the point or place of beginning. running thence,along a curve to the left an arc distance of 65.82 feet, said course having a radius of 230.00 feet and a chord bearing and distance of south. 04' 04' 54" west, a distance of 65.60 feet to a point, running thence S 04' 07' 11" E a distance of 85.80 feet to a point, A:\CarpenterParkoption to purchase revised.doc 1 running thence along a curve to the right an arc distance of 97.88 feet, said course having a radius of 140.00 feet and a chord bearing and distance of south 150 54' 37" west, a distance of 95.90 feet to a point in the northerly boundary of a street commonly known as Carpenter Circle, W a distance of 203,20 feet to a point in the northerly running thence S 56' 24" boundary of Carpenter Circle, running thence N 56° 11" 08" W a distance of 113.65 feet; running thence 'v' 34 41 32 ' E a distance of 419.10 feet to the point or place of beginning. ALSO, ALL THAT TRACT OR PARCEL OF LAND situate in the City, of Ithaca, County of Tompkins and State of New York, beginning at a point in the southerly line of the street commonly known as Carpenter Circle, said point of beginning being located the following five courses and distances from the point of beginning of premises of the grantor being conveyed to Building Links, Inc. concurrently with this Option to Purchase: 1. S 31' 27' 28" E a distance of 100.69 feet to a pin at the easterly line of the premises of the grantor and the westerly line of third Street; 2. thence S 58' 32' 49" W a distance of 82.90 along the southerly boundary of a street commonly known as Carpenter Circle; 3. thence continuing along the southerly boundary of Carpenter Circle running along a curve to-the left an are distance of 185.81 feet, said course having a radius of 170.00 feet and a chord bearing and distance of south 27' 11' 19" west, a distance of 176.70 feet, 4. continuing thence along the southerly boundary of Carpenter Circle S 04' 07' 11" E a distance of 50.91 feet to a point located 0.9= feet easterly of a pin found, 5. continuing thence S 04' 07' 11" E a distance of 22.08 feet along the southerly boundary of Carpenter Circle and the boundary of lands reputedly of Hoyt Beni amin to a pin set which is the point of beginning. Thence South 30 degrees 54 minutes 28 seconds East, 264.72 feet to a point located 0.2+ feet westerly from a fence post in a chain link fence; AACarpenterParkoption to purchase revised.doc 2 running thence South 33 degrees 47 minutes 32 seconds west, 228.3 feet to a point marked by an iron pin; running thence North 56 degrees 11 minutes 5 seconds West, 196.92 feet to a point marked by an iron pin; running thence North35 degrees 56 minutes 24 seconds east, 201.0 feet to a point; +h distance � , a 3 facet a chord distance runnincr thence on a curve to �i e left an are uis�ance 04 1!Q.8' , .�, ho d ?lce of North 15 degrees 54 minutes 37 seconds east, 137.0 feet to a point; running thence North 4 degrees 7 minutes 11 seconds east, 12.81 feet to the point or place of beginning. The above parcels are shown as Parcels "A" and "B" 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/l/2001, amended 9/17/2001 and 2/15/2002. prepared by T.G. Miller P C. Engineers and Surveyors, which map is intended to be filed in the Tompkins County Clerk's Office concurrently herewith. 2. Purchase Price Purchase price is seventy thousand ($70,000) Dollars adjusted on the date of Optionee's exercise of this option to the "Consumer Price Index for All Urban Consumers (CPI-U) for the Northeast Urban Region" as prepared by the U.S. Bureau of Labor Statistics. A nonrefundable good faith deposit of five thousand ($5,000) Dollars is payable upon exercise of the option and shall be included with Optionee's written notice of its intent to exercise the option with the remaining balance payable at closing. 3. Terms 1. Subject to lease. Purchase of the Community Gardens is subject to the lease on the property. A:1CarpenterParkoption to purchase revised.doc 3 2. Written Notice. Notice of Optionee's intent to exercise the option shall be provided to the Optionor in writing, by certified mail, return receipt requested, made to the Director of the Ithaca Urban Renewal Agency. Failure to provide such writing within the option period, even if notice has been provided orally or by some other method, shall be construed as having allowed the option to expire. Written notice of intent to exercise this option shall be deemed Notice of Acceptance of the option. 3. Closing. Closing is to take place no later than twelve (12) months after Optionor has received written notice of intent to exercise the option. 4. Title. Title to the property shall be conveyed by warranty deed free and clear of all encumbrances. Optionor shall provide ten (10) year tax searches, an Abstract of Title and a title search covering at least forty (40) years to time of transfer, showing good and marketable title, free of liens and encumbrances. 5. Duration of option. This option to purchase is for twenty (20) years commencing on the day, month.. and year indicated above. Under no circumstances shall this option extend beyond the twenty (20) year period indicated herein. 6. Manner of Exercising. 1. This option may be exercised at any time within the twenty (20) year period indicated above under the following terms and conditions: (i) During the term of current lease. Optionee may exercise this option during the current lease period by providing written notice to the Optionor, by certified mail, return receipt requested, of its intent to exercise said option along with presentation to Optionor of satisfactory proof from the Board of Project Growing Hope; Inc., or its successor in interest, of the approval by said Board of the conveyance to Optionee. (ii) After the current lease has expired or been terminated. Optionee may exercise this option after the lease with Project Growing Hope, Inc., or its successor in interest, has expired or been terminated by A:\CarpenterParkoption to purchase revised.doc 4 - providing notice to Optionor of Optionee's intent to exercise the option upon expiration of the lease. Such notice shall be provided at least six months prior to exercise of this option but not more than six months prior to the date that the lease with Project Growing Hope, Inc. expires or terminates. Said notification by Optionee shall be in writing, by certified mail return receipt requested, stating that the Optionee elects to exercise its option unless the Optionor extends its lease with Project Growing Hope, Inc. The City shall then have six months to sign a lease extension or a new lease with Project Growing Hope, Inc. -In the event the City chooses to either renew or extend its lease with Project Growing Hope, Inc., then and in that event, Optionee shall be entitled to exercise its option under the same terms as described in (i) above so long as said option is exercised within the twenty (20) year time period of this agreement. -In the event the City chooses not to renew or extend its lease with Project Growing Hope, Inc., then and in that event, Optionee shall be entitled to exercise its option and proceed to closing. (iii) No notice of intent to exercise option. If the City chooses not to renew or extend its lease with Project Growing Hope, Inc. and the Optionee has not provided notice of its intent to exercise its option as described in (ii) above, then Optionee shall have one (1) year from expiration of the lease with Project Growing Hope, Inc. in which to provide Notice to the City of its intent to exercise its option. -If the Optionee provides such Notice, then closing shall take place within twelve (12) months of said Notice. -If the Optionee chooses not to exercise its option, then this Option to Purchase shall automatically expire and shall have no further force or effect twelve (12) months after expiration or termination of the lease between the City and Project Growing Hope, Inc. 2. Closing. Once Optionee has provided Notice of intent to exercise the Option, then closing shall take place within twelve (12) months of provision of said Notice of Intent. 3. Time is of the essence in this Option to Purchase. All time limitations as provided above, both for the provision of Notice to exercise the option and for closing, are of the essence. A:1CarpenterParkoption to purchase revised.doc 5 Failure to perform shall render this Option to Purchase null and void and of no further force and effect. 7. Real Property Taxation. In the event that the property subject to this Option to Purchase, or any portion of the property, be determined to be tax exempt, Optionee and Optionee's successors and assigns of this Option to Purchase agree to make a payment-in-lieu-of-taxes to the city of Ithaca equivalent to the taxes which would be paid if the property, or any portion of the property, were (ally taxable. The schedule of payment and penalties for late payment for such payment-in-lieu-of- taxes shall be in accordance with the schedule and laws governing real property taxes. 8. Real Estate Brokerage. It is understood and agreed that no real Estate broker or salesperson was, or is, involved with any aspect of this Option to Purchase, including but not limited to, exercise of said option or closing. This contract will be binding upon and shall inure to the benefit of the parties hereto and to their respective heirs, successors, or assigns. In witness whereof, the parties have duly executed this agreement on the day and year indicated above. CITY OF ITHACA Dated: February 2002 Alan J. Cohen,Mayor BULL _ILjG LINKS, INC. Dated: Cynthia Yahn,-Rresident, Building Links, Inc. KARea(Estate\Carpenter Park\CarpenterParkoption to purchase.doc 6 CENTER OF RAILROAD SIDING (PRESENTLY INACTIVE) PIN T,y SET / s ! 9 372 3S r RFS ST 9 Opp 10.42' /,1VrNC PIN SET 8j�+ I cv It \ ok \\ f t1 CO W / 20 WIDE WATER MONK FOUND 7Rf� MAIN EASEMENT CONVEYED 1.2t SLY OF COR. TO THE CITY OF ITHACA t0 SEE CO 2500, PG 5046 •� \ I b 1 ,47 20'WIDE SANITARY SEWER MAIN EASEMENT PARCEL D j CONVEYED TO THE CITY OF ITHACA SEE CD 2500, PG 5046 CH— s 2711'19" W h' v 176.70' PIN R=170.00' IV SEi ` ARC=185.81' CHAINLINK -33'8 FENCE POST 20'WIDE SANITARY i STORY III 2.0'1 SLY OF COR. SEWER MAIN EASEMENT BUILDING CONVEYED TO THE CITY OF ITHACA i o ' SEE CD 2500, PG 50461,STORY 1 h. BUILDING BENJA IN (R.0.)662146 I PIN FOUND 1.1'3 NWLY OF CORNER i � p N PIN FOUND— ORS 6F CORNER G��L / PIPE / FOUN PIPE PIN N 34' FOUND S6T——;' 1 D.12 3 12.87 - �� W £ !!' FENCE COR a..1' CLEAR M O U }� ✓� `y of le .4) 3� , S to e 3pS4?8"� PINPARCEL H SE - O N CH= 1 ?s4) sg 590 ,I DA ; 15'5437" W 1 0•00' 37.00' CHAINLINK 'O C 7. R-200.00' p \ FENCE POST x y ARC-139.83' h 0.2't ELY OF CORNER J f U IN w � '1i 3 47 sh OMMUNITY GARDENS" RCEL 8 �Pr o / o , "COMMUNITY GARDENS PAkCE. A o g ! \ yo N N ! 20'WIDE WATER MAIN EASEMENT CONVEYED i J 0 THE CITY OF 504ITHACA \ SEE CD 2500, PC 5046 Ili VV n Wv M 2as 561 4' , 2.1.1 3.0.t WOOD FENCE SE 1 3.6 PIN Q PIN S 5611 5" E 196.92' FPIN ouNG SET V FOUND N OF ITHACA ( N City of Ithaca PCICodebook for Windows (e) [Added 7-10-1985 by Ord. No. 85-61 Community or neighborhood gardens in all districts: [1] Applicants shall provide evidence of approval for such use from the owner of the property on which the gardens are to be located. [2] Applications shall provide evidence that the area to be used will at all times be operated in a responsible manner so as not to present a nuisance to or interfere with the use and enjoyment of neighboring private or public property. Such evidence shall designate at least one responsible adult, who shall be a participant in the gardening, a representative of the sponsoring organization or the owner of the subject property, to administer or coordinate the operation and to act as a contact person therefor. [3] Applications shall be submitted in writing to the Building Commissioner and shall include: [a] The name, address and phone number(s) of the contact person. [b] A description of the refuse disposal procedure to be followed and of the intended use of organic materials, chemical fertilizers, herbicides and pesticides. [c] A site plan showing the proposed locations of all features of the site, including access point(s) and any of the required parking spaces that may be located on adjacent property. [4] Applicants, or the administrator/coordinator of the garden area, shall ensure the following: [a] That the gardening activity on individual plots is confined to the hours of 7:00 a.m. to 10:00 p.m., except that power machinery shall not be operated before 8:00 a.m. or after 8:00 p.m. [b] All organic refuse and trash from the gardening operations is promptly and properly disposed of on at least a weekly basis and that, pending disposition, it is stored neatly in such a way that it does not produce offensive odors or attract dogs, raccoons or vermin. [c] That power or motorized machinery used in preparing and maintaining individual plots is no larger than that normally used in connection with home gardening, e.g., a typical walk-behind rototiller. [d] That farm tractors or other heavy machinery is not employed on the site except for initial site development and for annual spring preparation and fall cleanup, if necessary; and in those instances it shall be operated only 1 City of Ithaca PCICodebook for Windows between 8:00 a.m. and 6:00 p.m. weekdays. [e] That mulch, compost or organic fertilizer employed in the gardening is confined to the site in a neat and orderly manner and that no fresh manure shall be used or composted. [f] That noxious fertilizers or noxious chemicals employed in the gardening are used only with the knowledge and consent of all gardeners using the site, all adjoining property owners and, in the event that adjoining properties are rental residential properties, with the knowledge and consent of the head of each tenant household. [g] That no flammable liquids will be stored on the site. [h] That noise and odors produced in connection with the gardening activity will be no greater than those normally associated with home gardening. [i] That city residents of the area nearest the site will be given an opportunity to obtain plots in the allocation of plots on a first priority basis. [j] Other city residents will be given an opportunity to obtain plots in the allocation of plots on a second priority basis. [k] That unused portions of the site will be maintained in a neat and orderly manner at all times. [1] That, at the end of each gardening season or within 30 days of revocation of a permit, whichever occurs first, the entire site will be cleaned and left with a neat appearance. [5] In addition, the applicable portions of§ 325-15A and C shall be observed. [6] In consideration of the fact that such gardens may be of an interim nature, may occupy only a portion of a parcel and may be located on property unsuited for other uses permitted under this chapter, the district regulations specified for permitted uses under § 325-8 of this chapter shall be superseded, where applicable, by the following regulations for community or neighborhood gardens: [a] Minimum lot size: none. [b] Width in feet at the street line: none required; however, sites lacking street frontage shall be accessible to vehicles and pedestrians via a right-of-way of at least eight feet in width. [c] Structures permitted: No structures for human habitation or occupancy shall 2 City of Ithaca PCICodebook for Windows be permitted except for a weather shelter for gardeners, which may have a maximum floor area of 64 square feet. A light accessory structure for storage of gardening equipment and materials for plant propagation, with a maximum floor area of 64 square feet, may be erected separately or attached to the weather shelter. If necessary, a well-housing structure for the production of water for garden use may be erected with permission of the owner of the site. [d] Parking and loading space: At least one off-street space on or immediately adjacent to the site shall be provided for the use of the gardeners for each 15 individual garden plots on the site or portion thereof. [e] Yard setbacks shall not be required, except that the provisions of§§ 325-17B and C and 325-25 of this chapter shall apply to any plantings, fences or accessory structures on the site. [7] The response of those notified by the appellant as required in the procedures set forth in § 325-40, together with any other written comment received by the Board before the hearing, as well as that comment expressed at the public hearing, with primary consideration given the wishes of residents living within 200 feet of the property, should be a principal factor in the Board's decision to grant or deny the special permit. [Amended 8-5-1992 by Ord. No. 92-9; 12-2-1998 by Ord. No. 98-30] [8] In granting a special permit for community or neighborhood gardens, the Board may prescribe any conditions that it deems necessary or desirable, including but not limited to additional off-street parking spaces, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. [9] Special permits for neighborhood and community gardens shall be reviewed by the Building Commissioner at least annually for compliance with this section and with any conditions established by the Board. If, following such review or investigation of any complaint, the Building Commissioner determines that a substantial violation exists, notice of such violation shall be mailed to the contact person designated in accordance with Subsection C(4)(e)[2] above, requiring that such violation be corrected within 15 days. If satisfactory correction is not made, the permit may be revoked by the Building Commissioner. Appeals to such revocation shall be made to the Board as provided in § 325-41 of this chapter. [10] Special permits for neighborhood and community gardens shall be revoked automatically if the site is not used as a community or neighborhood garden, as 3 City of Ithaca PCICodebook for Windows that term is defined in § 325-3, for one complete garden season. 4 Jurisdiction: City of Ithaca Jurisdictional Class: Exempt/pjc Adopted: 07/11/12 CHIEF OF STAFF DISTINGUISHING FEATURES OF THE CLASS: In close collaboration with, and on behalf of, the Mayor, the Chief of Staff assists with the overall management of City departments, the Urban Renewal Agency, and City boards and commissions by overseeing, planning, coordinating, directing and evaluating the work of assigned departments, boards, commissions and functional areas. The Chief of Staff is responsible for instituting and overseeing a performance management system for the City, and for facilitating interdepartmental cooperation and communication to ensure the effective delivery of municipal services. The Chief of Staff assists the Mayor with the development and management of the City's annual operating and capital budgets, and works closely with department heads to ensure that budget requests and work programs reflect established priorities and goals. The Chief of Staff represents the Mayor at a wide array of meetings as assigned. The Chief of Staff serves at the pleasure of the Mayor, acting in accordance with the Mayor's philosophy and public policies, and is empowered by the Mayor to function on his/her behalf. Administrative direction is exercised over City department heads and staff as assigned by the Mayor. Does related work as required. TYPICAL WORK ACTIVITIES: Acts on behalf of the Mayor in the daily management of the organization to provide department heads with prompt decisions and/or guidance on matters regarding policy, practice or organizational direction; Assigns work, provides direction, and evaluates the performance of assigned City department heads; Coordinates and integrates the activities of department heads, particularly on those issues crossing departmental jurisdiction, to ensure timely and coordinated responsiveness by departments; Ensures that departmental work programs reflect the priorities and goals established by the Mayor and Common Council, and are in accordance with a City-wide strategic plan; Institutes and oversees a performance management system for the City that includes the ongoing evaluation of the effectiveness and quality of service delivery; Advises the Mayor on policy and procedural recommendations which will promote efficiency and high quality service; Consults with the Mayor on policy, organizational and administrative matters as they affect the delivery of services; Works directly with department heads and the Mayor to prepare annual operating and capital budgets for presentation to Common Council; Develops budget guidelines and establishes funding priorities in conjunction with the Mayor and Common Council; Runs public budget workshops to gather input and to explain the City's current financial position; Develops and oversees effective and sustainable internal and external City-wide communication strategies; Attends a variety of meetings on behalf of and as assigned by the Mayor, including internal staff meetings, contract negotiations, labor negotiations, intermunicipal meetings, Common Council meetings, City advisory board meetings and public town hall style meetings. Chief of Staff Page 2 FULL PERFORMANCE KNOWLEDGES, SKILLS, ABILITIES, PERSONAL CHARACTERISTICS: Has the trust and confidence of the Mayor in implementing the Mayor's policies and overseeing City operations on the Mayor's behalf; thorough knowledge of the City of Ithaca's functions, organizational structure and services; thorough knowledge of public administration principles, practices and theories, particularly as they relate to City government in New York State; thorough knowledge of organizational planning and management; thorough knowledge of municipal budgetary principles, practices, and procedures; strong leadership skills; strong communication skills, both written and oral; strong critical thinking, analytical and problem-solving skills; strong negotiation skills; ability to plan, direct and supervise the work of professional staff; ability to establish and maintain effective working relationships with a broad range of people; ability to execute the public policies and philosophy of the Mayor with the full trust and confidence of the Mayor; ability to make difficult decisions and recommendations; good professional and managerial judgment; integrity; physical condition commensurate with the demands of the position. MINIMUM QUALIFICATIONS: The position of Chief of Staff is in the exempt class, so there are no specific minimum qualifications. However, it is recommended that the appointee meet the following criteria: Education A Bachelor's Degree from an accredited college or university is required. A degree major or specialization in management, government, business or public administration, political science, economics or a similar field is preferred, but not required. A Master's Degree in Public Administration, Management, Business Administration or a related field is preferred, but not required. Experience A minimum of three years of management and administrative experience is required. Experience in municipal government is preferred but not required. Experience supervising professional and/or supervisory staff is required. 12. City Attorney's Office .1 Proposal to Explore Consortium for Time Warner Franchise Agreement WHEREAS, the City of Ithaca is provided cable service by Time Warner Cable; and WHEREAS, the City recognizes the advantage of cooperation with other municipalities with regard to cable franchise issues; and WHEREAS, the City of Ithaca is interested in exploring, through the Tompkins County Council of Governments, the possibility of entering into an agreement with other municipalities to form a Consortium to negotiate, on behalf of the City, a renewal franchise agreement with Time Warner Cable; and WHEREAS, the intent would be to form a Consortium with the authority to conduct public hearings, conduct surveys, and engage in all activity, within the limits of applicable State and Federal Law, that is necessary and appropriate to negotiating a renewal franchise agreement for its member municipalities; and WHEREAS, the Consortium may be charged with analyzing the financial, technical, and legal issues related to cable television regulation to enable the member municipalities to reach sound judgments in exercising their regulatory authority with regard to such matters as cable television rates, franchise fees, and nature and quality of service; and WHEREAS, all members of the Consortium would individually reserve the right to approve, disapprove, or amend the franchise agreement so negotiated on their behalf, now therefore, be it is RESOLVED, That the City of Ithaca does hereby express interest in exploring the possibility of forming a Consortium of municipalities to negotiate on its behalf for the renewal of its franchise agreement with Time Warner Cable; and it is further RESOLVED, That the City of Ithaca hereby reserves the right to refrain from joining the Consortium should the terms and conditions of joining the consortium prove to be unacceptable to Council. J:\DRedsicker\AGENDAS\City Admin Comm\2012\7-25 CA Agenda.doc 726/12 14. Finance/Controller's Office .1 Approval of Corrective Action Plan for NYS Audit Report WHEREAS, the City of Ithaca recently had a New York State Audit performed on Financial Operations for the period January 1, 2010—April 14, 2011, and WHEREAS, said audit report number 2011M194, requires an improved corrective action plan to be submitted to New York State; now, therefore be it RESOLVED, That Common Council hereby approves the attached Corrective Action Plan and directs the City Controller to submit the plan to the New York State Office of the State Comptroller as required. J:\DRedsicker\AGENDAS\City Admin Comm\2012\6-27 CA Agenda.doc 6/27/12 CA Agenda Item 14.1 City of Ithaca Financial Operations 2011M-194 The following is the City of Ithaca's Corrective Action Plan as it relates to the New York State Audit Report 2011M-194 for the period January 1, 2010—April 14, 2011. For each recommendation included in the audit report, the following is our corrective action(s)taken or proposed. For any recommendations where corrective action has not been taken or proposed, we have included the following explanations. 1. Audit Recommendation: The Mayor and Controller should require someone in the Chamberlain's Office to review the support for parking ticket adjustments to ensure they are proper. Implementation Plan of Action: The person responsible for compiling the daily deposit, that includes the daily receipts for parking tickets, will regularly review tickets with an indicated dismissal, to ensure the supporting documentation is attached. In addition, the City Chamberlain will routinely test a selection of daily receipts for the appropriate dismissal documentation. Implementation Date: This action was implemented on April 15, 2012. Persons Responsible for Implementation: City Chamberlain Debra Parsons Senior Customer Service Representative, Carol Howard 2. Audit Recommendation: The Mayor and Controller should require the Chamberlain to maintain sufficient information that can verify that all parking tickets issued are accounted for and that all money is properly collected and deposited. Implementation Plan of Action: All tickets sent to the vendor who enters the handwritten tickets will be logged, to ensure the tickets are, in fact, entered in the system. The City Chamberlain will review the list of issued tickets for missing numbers, and follow up with the appropriate personnel. Police Department Personnel have begun to log the issuance of ticket books to officers. City Chamberlain will also work with appropriate personnel to encourage the use of computerized handheld ticket writers, avoiding the need to write, enter and account for manual ticket books. Implementation Date: This action will be implemented in phases starting May 1, 2012 through March 31, 2013. City of Ithaca CA Agenda Item 14.1 Financial Operations - 2011 M-194 July 9, 2012 Persons Responsible for Implementation: City Chamberlain, Debra Parsons Deputy Police Chief, John Barber 3. Audit Recommendation: The Mayor and Controller should require the Chamberlain to track parking permit cards and trash tags and account for them as issued and paid for, or whether they are still in the City's inventory, to help ensure all money is collected and deposited. Implementation Plan of Action: Parking permits - Current equipment and software does not provide adequate reports to fully reconcile the sale of parking permits to deposits and general ledger. A strict inventory control of the actual cards will not provide a full reconciliation because issued cards are renewed. Until the City makes a commitment to expend the not inconsequential funds to purchase new parking control hardware and software, the City Chamberlain will test a sample of active parking permits on a regular basis, matching the activity within the parking software to validate the card to its entry in the daily deposit and general ledger. Trash Tags - In the past, each type of payment received by customer service representatives was segregated and filed. An individual in the chamberlain's office reviewed the sales to ensure all tags were accounted for. New software and requests from our internal auditors to segregate payments by date paid necessitated a change in the process. Inventory was assigned to each CSR, and separate general ledger accounts were set up for each clerk. However, the issuance of refunds and credits for out-of-date tags made reconciliation difficult. We have set up general ledger contra-accounts for each clerk and a process to account for refunds and credits of out of date tags in the accounts receivable software has been developed, allowing for the direct reconciliation of the sale of trash tag inventory to the entries in the daily deposits and to general ledger. The City Chamberlain is reconciling the sale of tags to general ledger on a monthly basis. Implementation Date: Parking Permit Cards tracking was implemented on May 1, 2012 Trash Tag reconciliation will be implemented October 1, 2012 Persons Responsible for Implementation: City Chamberlain, Debra Parsons 4. Audit Recommendation: The Mayor and Controller should require: • The Department Heads to submit adequate support to the Chamberlain's Office regarding money's collected or adjustments made such as voids or refunds. 2 City of Ithaca CA Agenda Item 14.1 Financial Operations - 2011 M-194 July 9, 2012 • The Youth Bureau and Cass park to void receipts only when there is documented support and approval. • The Youth Bureau to send documentation supporting credit card refunds to the Chamberlain. • The Parking Garages to track the number of daily tickets issued. • The Golf Course to review for completeness of the memberships and accuracy of the rates charged. Implementation Plan of Action: The City Chamberlain, over the next several months,will meet with each department that collects cash to review process and procedures, to discuss documentation to be submitted for payments and for voids and refunds, and appropriate internal controls. A recommended action plan will be created for each department, and submitted to the department head and the mayor for review, adjustment and approval. The youth bureau and Cass Park are sending approved documentation with their deposits for voided receipts and credit card refunds. Because the parking garage gates are not left down during off hours, tracking the tickets issued won't provide information about the proper collection and submittal of parking fees. Many issued tickets are never collected because the patron leaves the garage without surrendering their ticket. The best way to solve this issue is to consider equipment, such as pay-in-lane stations, that would allow us to "close"the system. The City is currently considering creating a parking manager position, with the hopes that these kinds of issues can be evaluated and cost effective solutions proposed. Golf course membership records are being submitted with the regular deposits and reconciled in the City Chamberlain's office. Implementation Date: Cash receipts review will be implemented between June 1, 2012 and December 1, 2012. Youth Bureau voided receipts will be implemented November 1, 2012. Youth Bureau credit card refund support was implemented June 5, 2012. Parking Garages tracking daily tickets will be implemented late 2013. Golf Course membership reconciliation was implemented April 1, 2012. Persons Responsible for Implementation: City Chamberlain, Debra Parsons Fiscal Manager, Deborah Whitney New Parking Manager Mary Leckey, Customer Services Representative 3 City of Ithaca CA Agenda Item 14.1 Financial Operations - 2011 M-194 July 9, 2012 5. Audit Recommendation: The Chamberlain should not pay claims unless they are listed on warrants as having been audited and approved by the City Controller. Implementation Plan of Action: We continue to use the warrant system as much as possible. However, we still have several payments that cannot be paid through warrant due to timing. These payments normally include payroll, debt service, some contract payment, some travel and emergency payments. We will include as many payments as possible on warrant, but other payments will continue to be audited and approved for payment by the Controller's Office. All invoices are now audited and approved for payment by the Controller's Office. We will review the City Charter to see if revisions are needed. Implementation Date: This action was implemented June 15, 2012. If a City Charter change is needed it will take several months for approval. Person(s) Responsible for Implementation: City Controller, Steven Thayer Deputy City Controller, Scott Andrew 6. Audit Recommendation: The Controller should include all claims that have been audited and approved on the warrants that are sent to the Chamberlain to authorize payment. Implementation Plan of Action: We continue to use the warrant system as much as possible. However, we still have several payments that cannot be paid through warrant due to timing. These payments normally include payroll, debt service, some contract payment, some travel and emergency payments. We will include as many payments as possible on warrant, but other payments will continue to be audited and approved for payment by the Controller's Office. All invoices are now audited and approved for payment by the Controller's Office. We will review the City Charter to see if revisions are needed. Implementation Date: This action was implemented June 15, 2012. If a City Charter change is needed it will take several months for approval. Person(s) Responsible for Implementation: City Controller, Steven Thayer Deputy City Controller, Scott Andrew 4 City of Ithaca CA Agenda Item 14.1 Financial Operations - 2011 M-194 July 9, 2012 7. Audit Recommendation: The Accounts Payable Coordinator should submit all claims for utilities, council approved contracts and employee travel to the Controller for audit and approval. The Accounts Payable Coordinator should discontinue the practice of using a rubber stamp to apply the Controller's signature to claims. Implementation Plan of Action: All City claims for utilities, Council approved contracts and employee travel are now submitted to the Controller for audit, approval and signature. The Accounts Payable Coordinator only uses a rubber stamp for claims included on the warrants. All other claims now receive an original signature from the Controller. We will review the City Charter to see if some revisions are necessary. Implementation Date: This action was implemented on June 15, 2012. If a City Charter change is necessary, the change will take several months to complete. Person(s) Responsible for Implementation: City Controller, Steven Thayer Deputy City Controller, Scott Andrew 8. Audit Recommendation: The Chamberlain's Office should prepare claims for refunds to customers and submit them to the Controller for audit and approval prior to payment. Implementation Plan of Action: The Chamberlain's Office will now submit all claims for refunds to customers to the controller for audit, approval and signature prior to payment. Implementation Date: This action was implemented on June 15, 2012. Person(s) Responsible for Implementation: City Controller, Steven Thayer City Chamberlain, Debra Parsons Deputy City Controller, Scott Andrew 9. Audit Recommendation: The Controller should track information to ensure the Chamberlain does not pay payrolls or issue manual checks unless the supporting documentation has been audited and approved by the Controller. 5 City of Ithaca CA Agenda Item 14.1 Financial Operations - 2011 M-194 July 9, 2012 Implementation Plan of Action: All City payroll and manual checks must have all necessary documentation included prior to payment. In addition, all payrolls and manual checks must be approved and signed by the Controller prior to payment. Implementation Date: Payroll approval was implemented on January 15, 2012. Manual check approval was implemented on June 15, 2012. Person(s) Responsible for Implementation: City Controller, Steven Thayer City Chamberlain, Debra Parsons Should you have any questions regarding the above stated Corrective Actions, please contact me at(607) 274-6577. Sincerely, Steven P. Thayer City Controller 6 14. Finance/Controller's Office .2 Approval of Budget Amendment WHEREAS, during 2012, City of Ithaca departments have received revenue from various unanticipated sources including reimbursement, grants, donations and sale of material, that need to be accounted for in the 2012 budget, and WHEREAS, the reimbursements total $28,400 as follows: Tompkins County Celebration Grants $13,895 Insurance Recovery 9,300 Donations 500 Restitution/Reimbursement 600 Sale of Scrap/Equipment 4,125 now, therefore be it RESOLVED, That Common Council hereby amends the 2012 authorized budget as follows to account for said receipts and expenditures of funds: Increase Revenue Accounts: A1012-2379 Community Celebrations $13,895 A3120-2770 Police—Unclassified 2,333 A3311-2680 Traffic Control—Insurance Recovery 8,600 A5010-2655 Streets Minor Sales 1,539 A5132-2655 Garage Minor Sales 253 A7111-1710 Parks & Forestry 500 A7111-2680 Parks & Forestry—Insurance Recovery 700 A7111-2690 Parks &Forestry—Other Compensation 100 A7111-2705 Parks &Forestry—Donations 500 Totals $28,420 Increase Appropriation Accounts: A1012-5435 Celebrations Contracts $13,895 A3120-5225-5005 Police Other Equipment 2,333 A3311-5477 Traffic Control Parts 8,600 A5010-5483 Streets Construction Supplies 1,539 A5132-5481 Garage Small Tools 253 A7111-5485 Parks & Forestry—Trees 1,800 Totals $28,420 J:\DRedsicker\AGENDAS\City Admin Comm\2012\6-27 CA Agenda.doc 6/27/12