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HomeMy WebLinkAbout10-23-13 City Administration Committee Agenda 4 xT pZ- CA Meeting DATE: October 23 2013 np"' 7 TIME: 6:00 pm ; _i . LOCATION: 3rd Floor, City Administration Committee City Hall,Council Chambers AGENDA ITEMS Item Voting Presenter(s) Time Item? Allotted Chair, Chris Proulx 1. Call To Order *Note: We will review the number of 15 Min* 1.1 Agenda Review No cards received at the beginning of each 1.2 Review and Approval of Minutes Yes meeting and adjust time if needed. 1.3 Statements from the Public No 1.4 Statements from Employees No 1.5 Council Response No (6:15p.m.) 2. Standing Sub-Committee and Staff Reports 3. City Administration, Human Resources, and Policy 3.1 Attorney's Office—Community Gardens—An Yes Ari Lavine,City Attorney 45 Min Ordinance Approving a Lease of City-owned Property 3.2 Common Council—Housing Fund,Funding Round#7—Authorize Disbursement of$75,000 Pursuant to an Executed MOU Yes Nels Bohn, IURA Director 10 Min 3.3 DPW Water and Sewer—Amendment to Yes Erik Whitney,Asst. Supt. PW W/S 10 Min Personnel Roster Utilities Systems Location Technician position 3.4 DPW—Amendment to Personnel Roster for Yes Erik Whitney,Asst. Supt. PW W/S 10 Min Civil Engineer position (7:30p.m) 4. Finance,Budget, and Appropriations 5. 2014 Budget Process/Updates 5 Min 6. Committee Discussion Items 5 Min 7. Meeting Wrap-up 7.1 Announcements No All 5 Min 7.2 Review Agenda Items for next meeting No 7.3 Adjourn Yes (7:45p.m.) Committee Char¢e: The CA committee will: Review financial and administrative issues pertaining to the City,along with items relating to the City of Ithaca workforce environment,intergovernmental relations and human resource 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. J:\DRedsicker\AGENDAS\City Admin Comm\2013\9-25 CA Agenda.docx 9/25/13 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 1-1 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; 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 Administration Committee has indicated its preference that the Common Council 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: A. The portion of the Carpenter Business Park currently used for a community garden continues to be an appropriate location for such use at the present time. B. 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. C. Renewing said lease will provide broad, equal-access availability to community gardening for the public. 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. Please find below two options for consideration,varying the early termination provisions and escrow requirement. Either of these options could be plugged into the full lease that is also included for reference, currently reflecting the language of"Option A" below. OPTION A: TERMINATE TO RELOCATE, USING ESCROW FUNDS 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 [breach the] terms ... of this lease ...; or b) If, during the demised term, LESSEE shall be adjudicated a bankrupt ...; 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 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 1 st and October 31 st 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 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. --------------------------------------------------------------------------------------------------------------------- OPTION B: TERMINATE FOR ANY REASON 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 [breach the] terms ... of this lease ...; or b) If, during the demised term, LESSEE shall be adjudicated a bankrupt ...; 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 31 st of any given year, then in that case the actual date of termination shall be November 1 st 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 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. 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. 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: 1 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 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 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 I st 3 and October 31 st of any given year, then in that case the actual date of termination shall be November 1 st 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: 4 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 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 5 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 6 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 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 7 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 31 st, 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 8 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 9 108 East Green Street Ithaca, New York 14850 and Attorney for the City 108 East Green Street 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 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 10 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 11 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 12 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. CITY OF ITHACA Date: By: Svante Myrick, Mayor PROJECT GROWING HOPE, Inc. 13 Date: By: Name: Title: STATE OF NEW YORK ) COUNTY OF TOMPKINS )ss.: On this day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared SVANTE L. MYRICK, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF TOMPKINS )ss.: On this day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person of which the individual acted, executed the instrument. Notary Public 14 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 maps 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 15 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. 16 Proposed Resolution City Administration Committee October 23, 2013 Housing Fund, Funding Round #7 — Authorize Disbursement of$75,000 Pursuant to an Executed MOU 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: $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: 1 Funding Sources ($1,000s) Cornell Tompkins City of Funding Awards University County Ithaca Total Annual Funds Pledged 200 100 100 400 Round #1 (2009) 145 100 I 30 275 Round #2 (2010) 75 70 70 215 Round#3 (2011) 100 100 0 200 Round #4 (2011) 0 0 30 30 Round #5 (2012) 0 0 0 0 Round #6 (2012) 420 130 230 780 Totals Awards to Date 740 400 360 1,500 Funds Available for Round #7 260 100 140 500 and, Whereas, the POC recommends round #7 funding of $375,000 for three affordable housing projects, and Round #7, Housing Fund - Recommended Funding Awards Applicant Project #Afford. Location Funding ($1,000s) Units Cornell County City Total Ithaca Scattered Site (C)lthaca Neighborhood 7 owner- -402 S.Cayuga New210 0 0 210 Construction Housing occupied -214 Second St. Services -203 Third St. Tomkins 12-15 (C)lthaca Amici House -661 &665 0 0 75 75 County Action rental Spencer Rd Peterson/ White Hawk 3 owner- (T)Danby Seven Circles Ecovillage occupied -Rt. 96Bi 0 90 0 90 LLC Gunderman Rd Totals 22-25 210 ! 90 ! 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 the agency to commence, engage in or approve the housing project, therefore no environmental review is required for this action, and 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. j1community development\policy\policy\housing\cornell coil aboration\2013\reso ca housing fund round#7 disburse funds 10-23-13.doc 2 Tompkins County DEPARTMENT OF PLANNING 121 East Court Street Ithaca,New York 14850 Edward C.Marx,AICP Telephone (607)274-5560 Commissioner of Planning Fax(607)274-5578 Memorandum TO: Housing Fund Program Oversight Committee FROM: Megan McDonald, Senior Planner DATE: June 11,2013 RE: Formal Recommendation by the Housing Fund Application Review Committee for Housing Fund Round 7 Overview of Applications Received for the May 2012 Housing Fund Round 7 The Housing Fund received two applications for the Housing Trust Fund Program from a private individual and INHS, and one application for the Housing Affordability Program from Tompkins Community Action this round. Total funding amount requested from all applications: $375,000.00 to support a total of 25 units of new affordable housing,both rental and for sale. Locations of these projects: City of Ithaca—2 projects; Town of Danby— 1 project. Project Summaries 1. Amici House—Tompkins Community Action(TCA): Requests $75K for predevelopment costs for 12-15 rental units adjacent to the TCA office,within the City of Ithaca limits. TCA also requests a waiver for the 50% matching fund requirement.Unanimously recommended for funding by ARC,with contingency that copies of any reports and data related to the site feasibility study, funded through use of Housing Affordability Program funds,be submitted to the County. 2. White Hawk Ecovillage—Henry Peterson and Seven Circles LLC: Requests$90K for 3 units of new affordable, owner-occupied housing units to be developed on White Hawk Lane off of Route 96B in the Town of Danby. The land is leased from the Seven Circles (with plans to transfer land to the White Hawk Ecovillage),with individuals constructing their own homes. Housing Trust funds would reduce the amount paid by income-qualified applicants for the lot lease needed to build their homes. Unanimously recommended for funding by ARC,with contingency that a clear,transparent process for assuring long-term affordability be completed by partnering with an approved 3rd party entity to provide income verification for affordable unit purchase and future sales of these units. 3. Scattered Site New Construction 2013 —INHS: Requests $210K for 7 new units of for-sale affordable housing in the City of Ithaca,with 1 unit at 203 Third St.,4 units at 402 S. Cayuga St., and 2 units at 214 Second St. The homes would be sold to first-time homebuyers earning 80%of AMI or less,under the INHS Community Housing Trust program. Unanimously recommended for funding by ARC. 1 Recommendations from the Application Review Committee Dollar Expected Total Cost Program Amount Number of Location of the Project Per Applicant Applied Project Recommend Units Mortgage/Rent of ed Units $75,000 for predevelopment rental TCA Affordability Amici House $75,000 1a u City of costs/rent no more than l units Ithaca 30%of monthly adjusted income Peterson/ 3 owner- $453,402/$91,000(2 Seven Trust white Hawk $90,000 occupied Town of BR)to $161,000 (4 Circles Ecovillage units Danby BR)* LLC 7 owner- INHS Trust Scattered Site New $210 000 occupied City of $1,625,705/$131,170 (2 Construction 2013 Ithaca BR) units *Unit pricing based on homes built between 2007-2008, owners design and build their own units so number of bedrooms, floor area, and design cost can vary based on the owners' decisions. Additional Recommendations from the Application Review Committee 1. Collecting site feasibility reports and data: The ARC recommends that the POC require successful Housing Fund applicants seeking funds for predevelopment costs to submit copies of site feasibility reports and data related to the feasibility of the site to the Tompkins County Planning Department. The rationale is that funding feasibility studies does not always result in construction of affordable units, and since the Housing Fund is paying for these studies, collecting the information resulting from the studies provides some return on this investment and may prove useful to other efforts to develop affordable units on the sites studied. 2. Guaranteeing long-term affordability through third party verification: Housing Fund applicants are frequently having difficulty providing a clear method to guarantee long-term affordability of their units,and doing so without creating potential for conflicts of interest. The ARC recommends that formal guidance be provided as part of the NOFA regarding how applicants can ensure long-term affordability with independent verification. 3. Impacts of federal funding cuts: The ARC would like to share its concern regarding the future of the Housing Fund program, and local affordable housing in general, due to federal funding cuts.No new Section 8 vouchers are anticipated to be issued through the rest of 2013. Many affordable housing projects will not be able to move forward without funding assistance beyond what the Housing Fund can provide. 2 Amendment to Personnel Roster - DPW (Water and Sewer Division) 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. Civil Service Law,Section 22:Certification for positions. Before any new City of Ithaca Civil Service Commission position in the service of a civil division shall be created or any existing 108 East Green Street-Ithaca NY 14850 position in such service shall be reclassified,the proposal therefore, r including a statement of the duties of the position,shall be referred to the New Position Duties Statement municipal commission having jurisdiction and such commission shall Department head or other authority requesting the creation of a new position, furnish a certificate stating the appropriate civil service title for the prepare a separate descnption for each new position to be created except that one proposed position or the position to be reclassified. Any such new description may cover two or more identical positions in the same organizational position shall be created or any such existing position reclassified only unit. with the title approved and certified by the commission. Effective 1978 Forward one typed copy to this Commission. 1. Department Bureau,Division,Unit or Section Location of Position DPW Water&Sewer Division 510 First Street 2. Description of Duties:Describe the work in sufficient detail to give a clear word picture of the job. Use a separate paragraph for each kind of work and describe the more important or time-consuming duties first. In the left column,estimate how the total working time is divided. Job Title: Utilities System Location Technician Percent of Job Duty Worl'fime 25 Underground facility and utility location and mark-out in response to Dig Safely New York requests to ensure compliance with NYS law for the City of Ithaca DPW W&S Division as an operator of underground facilities and utilities,in accord with Public Service Law 119-b Protection of Underground Facilities and General Business Law Article 36 sections 760-767; 5 Attends project meetings and receives and reviews plans for proposed construction projects involving excavation including water and wastewater installations and repairs to determine proximity to existing City of Ithaca water and wastewater infrastructure; 20 Inspects water and wastewater installations and repairs to ensure the work is permitted and in compliance with regulatory codes and standards,signs off on comDleted installations and repairs; 30 Records information relative to water and wastewater installations and repairs including location and dimensions of all pipe,fittings,and appurtenances including type,size,material,and other site or project specific pertinent data.Records and compiles information on"curb cards",in"field books",via direct or indirect digital input.Updates"Record Mapping"working cooperatively with City Geographic Information Systems(GIS)Mapping Technician; 5 Contacts other utilities,contractors,plumbers,businesses,homeowners,and/or public works employees to obtain and disseminate information relative to the water and wastewater systems including information on water and sewer service interruptions,pipe locations,sizes,pressures,capacities and flows,etc.; 10 Reviews record maps and data to identify underground water and wastewater infrastructure unearthed during construction excavations,determines the best way for the construction or installation to proceed given the nature of the site and the pipes,lines,etc.,also determines necessary pipe fittings,bedding,and backfill materials.Consults Water and Sewer Division Engineers when nonstandard practices maybe necessary due to unusual site or infrastructure conditions; 5 Performs other duties and assignments as needed by DPW W&S Division. Performs basic mathematical calculations and computations relative to the work performed; Uses a variety of basic tools,instruments,and equipment relative to the work performed including shovels, picks,tape measures,measuring wheels,metal detectors,digital leak detection and correlation devices,digital and paper mapping and records,GPS location and survey equipment,wireless laptop and tablet computers,GIS mapping system resources,etc.; * Creates and maintains records and reports relative to the work performed; 'within performance of previously listed job duties (Attach additional sheets if more space is needed) September 24,2013 3. Names and Titles of Persons Supervising this position(General, Direct,Administrative,etc.) Name Title Type of Supervision Erik Whitney Assistant Superintendent DPW W&S Division General George Seeley Supervisor of Water&Sewer Operations Direct 4. Names and Titles of Persons Supervised by Employee in this position Name Title Type of Supervision 5. Names and Titles of Persons doing substantially the same kind and level of work as will be done by the incumbent of this new position Name Title Location of Position Mark Fuller Utilities System Location Technician 510 First Street 6. What minimum qualifications do you think should be required for this position? Education: High School 4 Years College Years,with specialization in College Years,with specialization in Experience: (list amount and type) Graduation from high school or possession of a high school equivalency diploma and three(3)years of full-time paid experience, or its part-time paid equivalent, as a plumbers helper or in the installation or repair of a water or wastewater system. Essential knowledges,skills and abilities: Good knowledge of the geography of the municipality, including the water and wastewater infrastructure; good knowledge of the municipality's codes and other rules and regulations relative to the installation and repair of water and wastewater pipes and lines; good knowledge of plumbing principles and techniques relative to connections and repairs to municipal water and wastewater systems;working knowledge of basic engineering principles and practices; ability to review public work projects and determine their potential impact on water and wastewater systems; ability to locate and identify water and wastewater systems; ability to inspect water and wastewater installations and repairs for compliance with codes, rules and regulations; ability to perform computer aided drafting; ability to perform electronic downloads of locating and computer equipment records; ability to organize and maintain accurate records and files; ability to establish and maintain effective working relationships with others; ability to communicate effectively both orally and in writing; ability to understand and follow oral and written instructions; ability to successfully work with and serve a diverse local community; physical condition commensurate with the demands of the position. Type of license or certificate required: 7. The above statements are accurate and complete. Date: 09/23/13 Title: Assistant Superintendent of Public Works Signature: Erik Whitney Certificate c f Civil Service Commission 8. In accordance with the provisions of Civil Service Law Section 22,the City of Ithaca Civil Service Commission certifies that the appropriate civil service title for the position described is: Title: /`�/ L� �lll Caw.I L`C G�LV Jurisdictional Classification: f Date: e � � B Signature: Action by Legislative Body or Other Approving Authority 9. Creation of described position ❑ Approved ❑ Disapproved Date: Signature: Return One Completed Copy To Civil Service Commission September 24,2013 Jurisdiction: City of Ithaca Jurisdictional Class: Competitive Adopted: 06/02/04 Revised: 09/15/10 UTILITIES SYSTEMS LOCATION TECHNICIAN DISTINGUISHING FEATURES OF THE CLASS: The work involves responsibility for performing technical and mechanical tasks to ensure the integrity of water and wastewater utilities located near construction projects including water and wastewater installations and repairs. The incumbent locates and marks out the location of water and wastewater systems, identifies uncovered pipes and lines, inspects new installations, records new information relative to the installations and repairs and updates water and wastewater maps and records. The work is performed under the general supervision of the Assistant Superintendent of Public Works (Water and Sewer) with leeway allowed for the exercise of independent judgment in carrying out the details of the work. Does related work as required. TYPICAL WORK ACTIVITIES: Receives and reviews proposed construction projects including water and wastewater installations and repairs to determine proximity to underground water and wastewater utilities; Inspects water and wastewater installations and repairs to ensure that the work complies with municipal codes, signs off on complete installations and repairs; Records information relative to installations and repairs on index cards or field books, and updates water and wastewater maps as required; Contacts contractors, plumbers, businesses, homeowners and/or public works employees to obtain and disseminate information relative to water and wastewater systems including information on pressures and flows; Reviews maps and cards to identify municipal water and wastewater pipes and/or lines uncovered during construction or installations, determines the best way for the construction or installation to proceed given the nature of the pipes and lines, and determines necessary fill and fittings; Performs basic calculations and computations relative to the work performed; Uses a variety of basic tools, instruments and equipment relative to the work performed including shovels, picks, tape measures, measuring wheels, metal detectors, water and wastewater maps and cards, GPS locators, wireless or portable computer, GIS mapping system; Creates and maintains records and reports relative to the work performed. FULL PERFORMANCE KNOWLEDGES, SKILLS, ABILITIES, PERSONAL CHARACTERISTICS: Good knowledge of the geography of the municipality, including the water and wastewater infrastructure; good knowledge of the municipality's codes and other rules and regulations relative to the installation and repair of water and wastewater pipes and lines; good knowledge of plumbing principles and techniques relative to connections and repairs to municipal water and wastewater systems; working knowledge of basic engineering principles and practices; ability to review public work projects and determine their potential impact on water and wastewater systems; ability to locate and identify water and wastewater systems; ability to inspect water and wastewater installations and repairs for compliance with codes, rules and regulations; ability to perform computer aided drafting; ability to perform electronic downloads of locating and computer equipment records; ability to organize and maintain accurate records and files; ability to establish and maintain effective working relationships with others; ability to communicate effectively both orally and in writing; ability to understand and follow oral and written instructions; ability to successfully work with and serve a diverse local community; physical condition commensurate with the demands of the position. Utilities Systems Location Technician Page 2 MINIMUM QUALIFICATIONS: Graduation from high school or possession of a high school equivalency diploma and three (3) years of full-time paid experience, or its part-time paid equivalent, as a plumbers helper or in the installation or repair of a water or wastewater system. SPECIAL REQUIREMENT: Possession of a valid NYS Class D driver license or a valid driver license equivalent to a NYS Class D driver license at the time of appointment and maintenance of said license for the duration of employment. Amendment to Personnel Roster- DPW Water & Sewer Division 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 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. Civil Service Law,Section 22:Certification for positions. Before any new City of Ithaca Civil Service Commission position in the service of a civil division shall be created or any existing 10i3 East Green Street-Ithaca NY 14850 position in such service shall be reclassified,the proposal therefore, including a statement of the duties of the position,shall be referred to the New Position Duties Statement municipal commission having jurisdiction and such commission shall Department head or other authority requesting the creation of a new position, furnish a certificate stating the appropriate civil service title for the prepare a separate description for each new position to be created except that one proposed position or the position to be reclassified. Any such new description may cover two or more identical positions In the same organizational position shall be created or any such existing position reclassified only unit. with the title approved and certified by the commission. Effective 1978 Forward one typed copy to this Commission. 1. Department Bureau,Division,Unit or Section Location of Position Public Works Water&Sewer Division 510 First Street 2. Description of Duties:Describe the work in sufficient detail to give a clear word picture of the job. Use a separate paragraph for each kind of work and describe the more important or time-consuming duties first. In the left column,estimate how the total working time is divided. Job Title: Civil Engineer for City of Ithaca DPW Water&Sewer Division Percent of Job Duty WorkTime • Prepares project contract documents including surveys, design, plans, profiles, details, and specifications for new 50% construction, replacement, repair, or rehabilitation of water and wastewater infrastructure, starting from concept for projects of moderate difficulty; • Researches current engineering principals,practices,procedures,equipment,and materials to ensure best practices are implemented for all assigned projects; • Prepares property,right-of-way/easement acquisition maps and descriptions for water and sewer infrastructure; • Participates in establishment of easements/rights of way by conducting negotiations with property owners; • Monitors consultants work by reviewing plans and reports, evaluating compliance with policy, standards, regulations, procedures, schedules, and contracts, coordinating the consultants work with the agency programs and preparing periodic reports; • Prepares cost estimates for water and sewer infrastructure project budgets; • Inspects construction of water and sewer infrastructure for regulatory and contract conformance; • Evaluates,bids and contract proposals,negotiates revisions and participates in getting final agreement; • Interprets for contractor and field staff contract specifications, construction standards, and regulatory requirements and resolves differences in interpretation; • Coordinates projects including liaison with contractors, regulatory/permitting authorities, and vendors, scheduling and gathering general project information for reports; • Prepares and maintains project progress reports and data; • Prepares estimates of material quantities and work progress for contractors payments; • Provides daily engineering services,support,and direction to Water&Sewer Division Crews installing or repairing water 30% and sewer infrastructure, including setting lines and grades for pipe,calculating flow requirements for sizing of pipe and bypass pumps, checking and specifying trench shoring requirements, designing and directing implementation of maintenance and protection of traffic and signage plans for work zones, providing emergency services and the general public with construction and detour notices for both planned and emergency work,etc; • Conducts site surveys to establish location of property lines, existing infrastructure, including water, sewer, roads, bridges,trees,and other facilities; • Performs fire flow testing analysis on water distribution system to support fire suppression system installations,meet ISO requirements,and support Fire Department data needs; • Provides project specific training and supervision for subordinate staff; • Helps ensure Work Place2one Safety for Division Personnel and the Public in the areas of our work; • Trouble shoots water and sewer infrastructure and process failures.Provides technical supervision,engineering support 20% and direction for repairs, maintenance, and process adjustments in both daily routine and emergency circumstance to the Operators and Maintenance Personnel in the Water Treatment Plant, Wastewater Treatment Plant, Water Distribution System,and Wastewater Collection System; • Maintains and updates the Cities computer water model mapping and database; • Investigates infrastructure condition and prepares informational reports and recommendations; • Prepares and provides quality control and assurance for accurate documentation of new and existing infrastructure for input into the Cities water and sewer GIS infrastructure mapping and databases; • Works on development and implementation of Asset Management Planning for Water & Sewer Infrastructure & Facilities; • Works on development of Water&Sewer Master Plan to aide in future planning and budgeting; • Assists in annual Infrastructure&facilities work planning,budgeting&direction; • Develops and runs computer flow modeling scenarios for the water distribution system, and wastewater collection system including flow,pressure,capacity,water age,chemical degradation,etc. • May provide assistance to persons with disabilities in reaching less accessible areas of City facilities. 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