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HomeMy WebLinkAboutMN-CC-2013-11-06COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. November 6, 2013 PRESENT: Mayor Myrick Alderpersons (10) Brock, Dotson, Murtagh, Clairborne, McCollister, Fleming, Smith, Kerslick, Proulx, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. PROCLAMATIONS/AWARDS: Presentation of the Annual Employee Recognition Award Mayor Myrick presented the Annual Employee Recognition Award to Sergeant Jake Young of the Ithaca Police Department. Sgt. Young was nominated for the award by Deputy Police Chief Peter Tyler for assuming the role of training coordinator and transforming the IPD training program into an efficient system that employs better use of in-house instructors, and empowering and developing them to be able to carry larger responsibility within IPD. Sgt. Young also assumed a leadership role with the SWAT team and serves on the City’s Special Events Team. SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing to Consider the Mayor’s Proposed Executive Budget for 2014 as approved by the Committee of the Whole Resolution to Open Public Hearing: By Alderperson Proulx: Seconded by Alderperson Kerslick RESOLVED, That the public hearing to consider the Mayor’s Proposed Executive Budget for 2014 as approved by the Committee of the Whole be declared open. Carried Unanimously Fay Gougakis, City of Ithaca voiced her concern about the rise in crime rates in the City and advocated for the addition of police officers to the budget. She noted her opposition to the proposed new Deputy Police Chief position as she feels that more officers are needed to patrol the City. She further commented on the level of financial contributions that Cornell University offers the City and stressed that the University needs to start investing in the community. Resolution to Close Public Hearing: By Alderperson Proulx: Seconded by Alderperson Kerslick RESOLVED, That the public hearing to consider the Mayor’s Proposed Executive Budget for 2014 as approved by the Committee of the Whole be declared closed. Carried Unanimously SPECIAL PRESENTATIONS BEFORE COUNCIL: TCAT General Manager Joe Turcotte shared a presentation with Council that detailed TCAT’s 2014 draft budget. He noted that ridership is steadily increasing, and at times the buses are filled to capacity and they are forced to leave passengers behind for the next bus. He shared 5-year operating and capital budget projections and spoke briefly about the need for bus replacements, a facility expansion, and information technology upgrades. He clarified Tompkins County’s contributions between the mortgage recording tax and their partner share of capital expenses and apologized for the confusion caused at a previous meeting. November 6, 2013 2 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Jemma Macera, City of Ithaca, offered Common Council energy saving tips and demonstrated how plexiglass offers window insulation. She further shared concerns regarding having to purchase yard waste tags to remove leaves from her lawn that came from either the City’s street trees or her neighbors trees. Joel Harlan, Town of Newfield, referenced an Ithaca Times article about the Community Gardens and offered his opinion on the matter. He further voiced his pride in being actively involved in a community that receives national attention and rankings but noted that the City has many challenges that lay ahead. Dan Hoffman, City of Ithaca, Legal Counsel for Project Growing Hope, shared the history of the City’s lease with the Community Gardens through the current negotiations. He stated that the proposed lease is an acceptable compromise to the group’s original requests. Fay Gougakis, City of Ithaca, spoke about the varied safety concerns that tinted windows on vehicles create. She further spoke about poor bicyclist behaviors, the need for Cornell University to invest in their community, and the need for additional police officers. Caleb Thomas, City of Ithaca, Public Art Commission member, offered his congratulations to the newly elected Council members. He stated that the Public Art Commission would like to request approximately $12,000 in funding so they can hold contests and open competitions as a means to secure public art pieces. Cynthia Yahn, City of Ithaca, owner of Building Links, stated that key information used by Project Growing Hope to motivate Common Council was false. She further shared the economic development possibilities for Carpenter Business Park. William Foster, Attorney for the owners of Carpenter Business Park, stated that he has been working for 10 years on this project and although there may be differences in opinion and approach, everyone is trying to do what is right for Ithaca. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Murtagh thanked Ms. Macera for her energy savings tips and inquired into the status of the City’s Energy Action Plan. Alderperson Proulx noted that the plan is nearly complete and should be coming to the next City Administration Committee meeting for consideration. He further responded to the funding request from the Public Art Commission noting that it is a little too late and not detailed enough to be considered as part of the 2014 budget submissions but he would be willing to support something like this in the future. Alderperson Smith responded to comments made by Mr. Thomas on behalf of the Public Art Commission noting that he agrees with Alderperson Murtagh. Alderperson Brock noted that it would be great to offer financial support all of the City’s committees and the initiatives that they are working on. CITY ADMINISTRATION COMMITTEE: 9.1 An Ordinance Approving a Lease of City – Owned Property By Alderperson Proulx: Seconded by Alderperson Dotson ORDINANCE __-2013 An Ordinance Approving a Lease of City-Owned Property WHEREAS, the City of Ithaca/Ithaca Urban Renewal Agency (IURA) executed a Purchase Agreement with Building Links, Inc. in 1999 for approximately eight acres of undeveloped land zoned I-1 located in Carpenter Business Park (CBP), which gave November 6, 2013 3 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; November 6, 2013 4 • If relevant, submission of written notice of optionee’s intent to exercise the option to acquire the Community Garden parcel pursuant to the “Option to Purchase Real Property” agreement between the City of Ithaca and Building Links, Inc., dated February 2002; WHEREAS, Upon further discussion and consideration of a proposed lease, the City authorize the execution of a lease without the specific terms and conditions for early termination contained in the September 19, 2012 resolution; and, WHEREAS, the City of Ithaca and Project Growing Hope Inc. acknowledge that relocating the community gardens in the future to an, as of yet, undetermined site or sites will require additional funding that may exceed what only one party may be able to raise on its own; BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent and Purpose. General Municipal Law Section 96 recognizes that allowing community gardening on suitable City-held lands is a valid exercise of municipal powers, and authorizes the City to allow individuals, community organizations, and groups to use such lands for community gardening under such terms and conditions as determined by the City. Section 96 further provides that the City may charge certain fees or provide certain services at cost for allowing such community gardening. The Common Council desires to continue to allow Project Growing Hope, Inc. to operate the existing community garden at the Carpenter Business Park at the present time. The Common Council makes the following findings of fact: Renewing the lease to Project Growing Hope, Inc. for the continuation of the currently-existing community garden on a portion of the Carpenter Business Park benefits the City and its residents, provided that the lease contains terms and conditions protecting the City’s interests in the use of the parcel, including but not limited to appropriate provisions for the termination of the lease by the City. Section 2. Approval and Execution of Lease. The Common Council repeals the terms and conditions for early termination specified in its September 19, 2012 resolution. The Common Council approves of the attached renewed lease agreement granting Project Growing Hope, Inc. continued use of a portion of Carpenter Business Park as a community garden, and authorizes and directs the Mayor to execute the attached renewed lease agreement with Project Growing Hope, Inc. for the Carpenter Business Park community garden. Section 3. Effective Date. This ordinance shall take effect immediately upon publication of the notice as provided in the City of Ithaca Charter. LEASE AGREEMENT FOR ITHACA COMMUNITY GARDENS THIS LEASE AGREEMENT, made this ____ day of _______ of 2013, by and between the CITY OF ITHACA, a municipal corporation, duly organized and existing under and by virtue of the laws of the State of New York, with offices at 108 E. Green Street, Ithaca, NY 14850, hereinafter referred to as "LESSOR," and PROJECT GROWING HOPE, INC., a not-for-profit corporation, duly organized and existing under and by virtue of the laws of the State of New York, with an address at Post Office Box 606, Ithaca, NY 14851, hereinafter referred to as “LESSEE;” WITNESSETH THAT the parties hereto agree as follows: ARTICLE ONE: LEASED PREMISES LESSOR shall lease to LESSEE the premises more particularly described in Schedule “A,” hereinafter referred to as the “Leased Premises”, attached hereto and incorporated herein by reference, together with all the rights, privileges, easements and November 6, 2013 5 appurtenances thereunto belonging or attaching, subject to the provisions, conditions and covenants contained in this Lease Agreement. ARTICLE TWO: TERM OF LEASE LESSOR hereby leases to LESSEE the premises described in Schedule A attached hereto for a term commencing on January 1, 2014, and ending on December 31, 2033. ARTICLE THREE: EARLY TERMINATION Early Termination By LESSOR: Notwithstanding any other provisions herein, LESSEE’s right to occupy the subject premises may be terminated by LESSOR, prior to the end of the demised term of this Lease Agreement, on written notice to LESSEE, served as provided for in Article 10 hereof, under any one of the following conditions: a) If LESSEE shall, at any time during the demised term, fail in the performance or permit the violation of any of the covenants, conditions, terms or provisions of this lease other than the Trust Fund Commitment specified in Article Four hereof, which, on the part of LESSEE, are or ought to be observed, performed, fulfilled, and, except where a specific time is herein provided for the performance of any covenant or condition, when such default is not cured within ninety (90) days after notice and demand have been given pursuant to the provisions of Article 6 hereto (except that the City may impose a reasonably shorter period for failures or violations related to life safety matters), LESSOR may at its option, and ninety (90) days notice in writing terminate this lease, and this lease and the term thereof shall automatically cease and terminate at the expiration of said ninety (90) day period; or b) If, during the demised term, LESSEE shall be adjudicated a bankrupt or make a general assignment for the benefit of creditors, or shall take the benefit of any insolvency act, or if a temporary or permanent receiver or trustee in bankruptcy is appointed for LESSEE’s property and such appointment for a temporary receiver is not vacated and set aside within ninety (90) days from the date of such appointment, or in the event of any attempted transfer or other devolution of the interest (or any part thereof) of LESSEE, to any other person or corporation, by reason of the acts and things hereinabove last enumerated, LESSOR may at its option, and ninety (90) days notice in writing terminate this lease, and this lease and the term thereof shall automatically cease and terminate at the expiration of said ninety (90) day period; or c) LESSOR shall have the right to terminate this Lease Agreement upon at least one year’s written notice to LESSEE, by resolution of the City Common Council, following an opportunity for public comment, which resolution shall: 1. Identify, in Common Council’s sole discretion, land in the City of Ithaca that is suitable to community gardening and available to the lessee for use as a substitute garden location, the sufficiency, suitability, and availability of which site or sites shall be determined, after consideration of such factors as site size, sunlight exposure, and drainage, by resolution and in the sole discretion of the Common Council, and 2. Commit the City to provide funds, whether via grant or direct disbursement from General Fund, for the purpose of relocating the Gardens to a substitute site (or sites) and rebuilding infrastructure thereat, in an amount to be determined in the sole discretion of the Common Council, and to be supplemented by the Trust Fund Commitment specified in Article Four hereof; and 3. Be finally approved by the Common Council not less than 30 days after LESSOR has provided LESSEE notice, in the manner specified in Article Ten hereof, that the Common Council is considering such a resolution. or d) LESSOR shall have the right to terminate this Lease Agreement upon at least one year’s written notice to LESSEE by resolution of the City Common Council (approved not less than 30 days after LESSOR has provided LESSEE notice, in the manner specified in Article Ten hereof, that the Common Council is considering such a resolution) in that event that LESSEE fails in the performance of its Trust Fund Commitment as specified in Article Four hereof in either of the following respects: 1. LESSEE fails in any two consecutive years to maintain the specified cumulative lease-to-date total of contributions in the Trust Fund account, or November 6, 2013 6 2. LESSEE fails in any three years, consecutive or otherwise, to maintain the specified cumulative lease-to-date total of contributions in the Trust Fund account. Effect of Early Termination By LESSOR If terminated by LESSOR under this Article III, the Lease herein and the term thereof shall automatically cease and terminate at the expiration of the applicable notice period; and it shall be lawful for LESSOR, at its option, to enter the demised premises or any part thereof and to have, hold, repossess and enjoy the said premises, and LESSOR shall have the right to recover the said premises and to remove all persons therefrom by summary proceedings or by any other legal action or proceedings. Notwithstanding the provision of one year’s notice in subsections (c) and (d) of this Article Three, if the effective date of termination of the lease so calculated falls between May 1st and October 31st of any given year, then in that case the actual date of termination shall be November 1st of the year following LESSOR's notice of termination. Early Termination By LESSEE: LESSEE may terminate this Lease Agreement at any time by giving 30 days written notice to LESSOR. ARTICLE FOUR: RENT, TRUST FUND COMMITTMENT For and in consideration of the leasing aforesaid, LESSEE hereby covenants and agrees to pay to LESSOR, as and for rent for the leased premises, the sum of $1 per year, which sum is hereby acknowledged by LESSOR to have been paid in advance at the time of execution of this Lease Agreement. As and for additional consideration, the substantial value of which is acknowledged by LESSOR, LESSEE agrees to provide, at its cost, a public community garden program for the City of Ithaca and its residents, for the term of this Lease, utilizing the leased premises. As and for further consideration, LESSEE agrees to maintain a Trust Fund Commitment as follows, and LESSOR agrees to maintain and administer said Trust Fund as follows: a) By December 31 in each year of this lease, LESSEE agrees to contribute to a Trust Fund maintained by the City, as trustee, under the title of Community Gardens Relocation Trust Fund that amount of money necessary to bring the cumulative lease-to-date total of contributions to that Fund (not including interest) to no less than the product of three thousand dollars ($3,000) times the number of years elapsed since December 31, 2013. b) The funds resulting from said Trust Fund Commitment, including interest earned thereon, shall be maintained in said Trust Fund for the purpose of funding a possible future relocation of the Community Gardens, including possible purchase of land for the same, of a community gardening program in the City of Ithaca. The parties agree that these funds shall ultimately be disbursed as follows: 1. If written notice of early termination is instructed by resolution pursuant to Article Three (c) or (d) hereof, then the Common Council may in the resolution identified in Article Three (c) or (d) hereof (or a separate resolution passed within 120 days of said resolution), authorize and direct the City Controller, in consultation with the Mayor and the City Attorney, to disburse said funds to LESSOR or such other party as specified in said resolution for the sole purpose of funding a resolution- specified relocation of the Gardens, which may include purchase of land or needed infrastructure for the same, of a community gardening program in the City of Ithaca. LESSEE hereby agrees to the disbursement of said funds in this manner. 2. If this lease is for any other reason terminated early, then the Common Council may by separate resolution passed within 190 days of either party serving notice of termination authorize and direct the City Controller, in consultation with the Mayor and the City Attorney, to disburse said funds to LESSOR or such other party as specified in said resolution for the sole purpose of funding a resolution-specified November 6, 2013 7 relocation of the Gardens, which may include purchase of land or needed infrastructure for the same, of a community gardening program in the City of Ithaca. LESSEE hereby agrees to the disbursement of said funds in this manner. 3. If this lease is not terminated early, or if upon early termination no resolution of Common Council has instructed the disbursement of said funds within the time limits set out in the two immediately-preceding paragraphs, then said funds shall be released from the Trust Fund to LESSEE (or to LESSEE’s successor) for LESSEE’s unrestricted use. ARTICLE FIVE: USE OF PREMISES. a) LESSOR affirms the public benefit provided to residents of the City of Ithaca by the existence of the Community Gardens at the leased premises. The LESSEE covenants and agrees that it will, during the period of this lease, reasonably use said premises and any buildings and improvements situated thereon for public community gardens in a manner similar to its current and past use of the premises, as a benefit for the City of Ithaca and open to the general public, as defined by the current certificate of incorporation and bylaws of LESSEE, including outreach to and accessibility for low income gardeners. In addition, the premises will be available for other uses as deemed appropriate by LESSOR, provided such uses do not conflict with the Community Garden uses of LESSEE, including but not limited to use by the general public for passive recreation or other purposes. As deemed appropriate by LESSOR, LESSEE shall be afforded the opportunity to review and comment on potential joint uses of the leased premises but LESSOR shall retain the sole authority to determine such uses and whether they conflict with the Community Gardens use by LESSEE. b) LESSEE further covenants and agrees that at all times during the demised term: 1. the premises including the buildings and improvements situated thereon or connected therewith and all appurtenances thereto and equipment thereof shall be kept by LESSEE at its own expense in good repair and in a clean and safe condition and in conformity with the requirements of all municipal, county, state and federal laws, rules and regulations; 2. that all health, police, zoning, fire, building, subdivision, and other regulations shall, in all respects and at all times, be fully complied with by LESSEE and, in particular, that at the end of the growing season the site will be appropriately cleaned and winterized; 3. that LESSEE will not at any time remove or permit to be removed any existing building or improvement from the demised premises except as provided for in this Lease; ARTICLE SIX: IMPROVEMENTS. It is understood and agreed that in the event that LESSEE shall construct buildings and structures or landscaping upon the demised premises during the term of this Lease Agreement, or any extension thereof, such buildings shall be used solely for the purposes set forth in ARTICLE FIVE hereof. Any such improvements shall be subject to City of Ithaca site plan review, if applicable. ARTICLE SEVEN: WATER, SEWERAGE, AND PARKING. LESSEE shall be responsible for construction and maintenance of any water or sewer lines between the existing City systems and the leased premises, for use by LESSEE, in accordance with LESSOR's engineering specifications. In particular, LESSEE shall be responsible for the installation, maintenance and testing of the backflow protection device; the winterization of all such water and sewer lines and appurtenances; and for the scheduling of seasonal turn on and shut off of water. LESSEE shall be responsible for payment for all utilities used on the leased premises. LESSOR shall have no responsibility for developing additional parking areas for use by LESSEE. ARTICLE EIGHT: INSURANCE. LESSEE shall keep the improvements insured against liability and fire or other hazards and shall save LESSOR harmless and indemnified at all times against any loss, damage, penalties, costs and expenses, judgments and decrees, by reason of a November 6, 2013 8 failure so to do in any respect or by reason of any violation of any of the law, rules or regulations above referred to, or by reason of any accident, loss, wrong, injury, or damage to person, life or property in or about said demised premises, including but not limited to for any negligence of LESSEE in the making of any improvements to the premises, or by reason of any use which may be made of the demised premises or the buildings and improvements thereon, or by reason of any act or thing done or omitted to be done or by reason of anything happening in connection with or upon the demised premises or in any building situated thereon or improvement connected therewith, or by reason of the failure of LESSEE in any respect fully to carry out and perform any of the covenants, agreements, provisions or undertakings in this lease on its part to be performed. Proof of insurance and the inclusion of LESSOR as an additional insured in all such policies of insurance shall be provided in writing to LESSOR. LESSEE shall maintain liability insurance coverage upon the leased premises, in the initial, minimum amount of $1,000,000 per occurrence and $2,000,000 in the aggregate, and shall ensure that the City of Ithaca is named as an additional insured on such policy. The minimum amount of required coverage shall be subject to reasonable, periodic adjustment by the City, upon prior written notice to LESSEE of at least 6 months. LESSEE shall provide written documentation to City that required coverage is in place, at the time of execution of this lease agreement, at least annually thereafter, by January 31st, or at other time upon request. LESSEE shall keep the premises insured as provided for herein and the amount of insurance coverage shall be as reasonably approved by the LESSOR, and proof of insurance and the inclusion of LESSOR as an additional insured in all such policies of insurance shall be provided in writing to LESSOR. It is mutually covenanted and agreed by and between the parties hereto that the proceeds of any and all policies of fire insurance covering any building or buildings at any time situated upon the demised premises shall be used as a trust fund towards the repair, reconstruction, building or rebuilding of such building or buildings, unless the parties agree otherwise in writing. ARTICLE NINE: DEFAULT If LESSEE shall, at any time during the demised term fail in the performance of or permit the violation of any of the covenants, conditions, terms or provisions of this Lease Agreement, which, on the part of LESSEE, are or ought to be observed, performed and fulfilled and, except where a specific time is herein provided for the performance of any covenant or condition, when such default shall not be made good within ninety (90) days after notice and demand given pursuant to the provisions of ARTICLE TEN hereof, then, in any of the events enumerated hereto, LESSOR may, at its, option, and upon ninety (90) days notice in writing, served as provided in ARTICLE TEN hereof, terminate this lease, and this lease and the term thereof shall automatically cease and terminate at the expiration of said ninety (90) day period; and it shall be lawful for LESSOR, at its option, to enter the demised premises or any part thereof and to have, hold, repossess and enjoy the said premises, and the LESSOR shall have the right to recover the said premises and to remove all persons therefrom by summary proceedings or by any action or proceedings. Such defaults allowing lease termination are as follows: a) In the event that LESSEE shall fail to use said premises for the purposes hereinbefore described in ARTICLE FIVE for one full year during the term of this lease, as provided in ARTICLE TWO, then LESSOR may, at its option, notify LESSEE of its election to terminate this lease. b) In the event that, at any time during the term of this Lease, LESSEE or its assignee shall cease to be a not-for-profit corporation, this lease shall cease and terminate at the option of LESSOR. c) If, during the demised term, LESSEE shall be adjudicated a bankrupt or make a general assignment for the benefit of creditors or take the benefit of any insolvency act, or a temporary or permanent receiver or trustee in bankruptcy is appointed for LESSEE's property and such appointment for a temporary receiver is not vacated and set aside within ninety (90) days from the date of such appointment, or in the event of any attempted transfer or other devolution of the interest of any part thereof of LESSEE to any other person or corporation by reason of the acts and things hereinabove enumerated. November 6, 2013 9 d) If, during the term of this Lease, the tax assessor of Tompkins County determines that the subject parcel is not tax exempt, this lease shall be deemed void, unless LESSEE agrees to pay - and in fact does timely pay - any taxes levied upon the premises. In the event that this Lease is deemed void for that reason, the parties shall attempt in good faith to re-negotiate the Lease terms. ARTICLE TEN: NOTICES. Any notice which may be required under the terms of this lease shall be given in writing, personally to: For LESSOR: Mayor 108 East Green Street Ithaca, New York 14850 and Attorney for the City 108 East Green Street Ithaca, New York l4850 and For LESSEE: Project Growing Hope, Inc. P.O. Box 606 Ithaca, New York 14851 ARTICLE ELEVEN: ASSIGNMENT It is hereby covenanted and agreed by and between the parties hereto that LESSEE may not sell, convey or assign its interest in the demised premises and in any structures or improvements thereon without the written consent of LESSOR. The approval of one assignment by LESSOR shall not constitute approval for any subsequent assignment. ARTICLE TWELVE: SURRENDER OF PREMISES; DISPOSITION OF IMPROVEMENTS Upon the termination of this lease, as a result of default (per ARTICLE NINE) or early termination, or upon its expiration (or the expiration of a renewed term, per ARTICLE SIXTEEN, if applicable), LESSEE covenants and agrees to surrender the demised premises, peaceably and at once, and to deliver up the same to LESSOR, subject to the remaining provisions of this Article. LESSEE shall be entitled - but not required - to remove from the demised premises any improvements LESSEE has made to said premises, including but not necessarily limited to any structures (e.g., sheds, fencing, gazebo) and the topsoil from the gardens (defined as the top eight inches of soil), provided that a relocation site requires topsoil. Any such removal must occur prior to said termination date, must be complete (i.e., without leaving debris, hazards, or holes in the ground) and shall be at LESSEE’s sole cost. ARTICLE THIRTEEN: CONDEMNATION If any person or corporation, municipal, public, private or otherwise, shall, at any time during the term of this lease, lawfully condemn and acquire title to the demised premises or any portion thereof, or to any building or the appurtenances now or hereafter erected thereon, or to any easement therein, in or by condemnation proceedings pursuant to any law, general, special or otherwise, then, in that case, LESSOR shall be entitled to and shall receive the entire award or payment therefor; and LESSEE shall assign and does hereby assign and transfer to LESSOR such award or payment as may be made therefor. LESSOR, in any event, shall be entitled to receive any and all awards or payments made for any buildings and the appurtenances which shall be so taken or for any damages thereto, free, clear and discharged of every claim of every kind whatsoever by or on the part of LESSEE, except as hereinafter specifically provided, and such award or payment is hereby transferred and assigned to LESSOR by LESSEE; and LESSEE hereby further agrees that for the purpose of obtaining such award or payment, and for all other purposes, all the buildings and improvements now standing upon the demised premises are the sole and absolute property of LESSOR and that in no event and under no circumstances shall LESSEE be entitled to receive or retain any award or payment or any part thereof except as hereinafter specifically provided. Notwithstanding anything hereinbefore contained to the contrary, if LESSEE shall have commenced or completed the erection of a new building or buildings or other November 6, 2013 10 improvements and such condemnation takes place after the commencement or completion of the said new building or buildings, then LESSOR agrees to pay LESSEE out of the condemnation award or payment when paid, a sum equal to the amount awarded or paid in condemnation as the value of such building or improvements. If, in the condemnation proceeding, the value of the land and of the buildings and other improvements are not separately determined, then the value of the building or other improvements shall be determined by arbitration. LESSOR agrees to give LESSEE notice of any condemnation proceedings immediately upon knowledge of such proceedings. ARTICLE FOURTEEN: NON-DISCRIMINATION It is mutually understood and agreed that LESSEE, in the employment of its agents, contractors and/or employees, shall not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services or program participant because of actual or perceived age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sex; sexual orientation; socioeconomic status; or weight; and any construction contract entered into by LESSEE shall contain such a nondiscriminatory clause. ARTICLE FIFTEEN: MISCELLANEOUS PROVISIONS a) Waivers of Lien. LESSEE covenants and agrees that LESSEE will not make any contract or agreement, either verbal or written, for labor, services, materials or supplies in connection with any improvements at any time situated upon the demised land without securing in such contract or agreement a waiver or waivers of lien against LESSOR's interest in the demised premises; and it is expressly understood and agreed, and notice is hereby given, that no persons, firms, or corporations furnishing labor, materials or services for the construction, reconstruction, alteration or addition to any building at any time during the term hereof situated upon the demised premises shall have any lien upon LESSOR's interest in the demised premises and that any and all liens upon LESSEE's estate and interest in the demised land and the buildings and improvements situated thereon shall be subject to the prior rights of LESSOR under the terms and provisions of this Lease Agreement, and no authority is given by this Lease to LESSEE, expressly or impliedly, to bind LESSOR for the payment of any money in connection with the construction, repairing, alterations, additions or reconstruction work on the demised premises, nor is there any authority given LESSEE by this lease, directly or indirectly, to permit any mechanic’s lien, materialman's lien, or contractor’s lien to arise against LESSOR's interest in the demised land or the buildings or improvements thereon, and LESSEE expressly agrees that it will keep and save the demised premises, and LESSOR, harmless from all costs and damages arising from any such liens or lien of any character created through any act or anything done by LESSEE. b) Title. LESSOR represents and warrants that it is the owner in fee of the demised premises, as described in Schedule “A,” attached hereto, free of all liens and encumbrances. c) Severability. In the event that any term, condition, clause or provision of this agreement shall be deemed null and void, the remaining terms, conditions, clauses and provisions of this lease agreement shall remain in full force and effect, unless the rights of either party are materially affected by the deletion of such term, condition, clause or provision, in which case either party may elect within 90 days after the date of the notification to declare said lease null and void in its entirety. ARTICLE SIXTEEN: RIGHT TO INSPECT LESSOR shall have the right to inspect any part of the premises without notice at any time. THIS AGREEMENT shall be binding upon the parties and their successors in title. IN WITNESS WHEREOF, the parties hereto have placed their hands and seals as of the date(s) set forth below. November 6, 2013 11 SCHEDULE A The premises leased to Project Growing Hope, Inc., by the City of Ithaca, pursuant to a Lease Agreement executed in 2013 between said parties, consist of the following: ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Ithaca, County of Tompkins and State of New York, shown as “Parcel A” and “Parcel B” (both of which are also denoted as “Community Gardens”) on a survey map entitled “Survey Map - Carpenter Business Park, Third Street and New York State Route 13, City of Ithaca, Tompkins County, New York,” dated 6/1/2001 and as revised on 2/15/02, more particularly bounded and described as follows: PARCEL A: Commencing at a pin set in the southeasterly boundary of lands reputedly of the Norfolk Southern Railroad, where said boundary intersects with a northeasterly line of premises (demarcated as 'Parcel F' on the above-referenced survey map) conveyed by Building Links, Inc., to Templar, LLC, by deed dated February 20, 2002, which deed was recorded on February 22, 2002, in the Tompkins County Clerk’s Office in Liber CD2504 of deeds at page 965, said point of beginning being located 691.28 feet southwesterly from a pin set in the southerly line of Third Street Extension; running thence North 34 degrees 41 minutes 32 seconds East a distance of 419.10 feet to a point in said boundary of lands of the Norfolk Southern Railroad; running thence southerly on a curve to the left, an arc distance of 65.82 feet, with a chord running South 4 degrees 4 minutes 54 seconds West for a chord distance of 65.60 feet, along the westerly line of a roadway known as Carpenter Circle; running thence South 4 degrees 7 minutes 11 seconds East a distance of 85.80 feet along said line; running thence on a curve to the right, an arc distance of 97.88 feet, with a chord running South 15 degrees 54 minutes 37 seconds West for a chord distance of 95.90 feet, along said line; running thence South 35 degrees 56 minutes 24 seconds West a distance of 203.2 feet to a point marked by a pin set in said line; running thence North 56 degrees 14 minutes 08 seconds West a distance of 113.65 feet to the point or place of beginning. PARCEL B: Commencing at a point 0.2 feet easterly of a chain link fence dividing what is demarcated on the above-referenced survey map as “Parcel B” and 'Parcel H' from New York State Route 13, which point is located South 33 degrees 47 minutes 32 seconds West a distance of 247.00 feet, approximately along said chain link fence, from the intersection of New York State Route 13 with a southeasterly boundary of land reputedly of Benjamin; running thence South 33 degrees 47 minutes 32 seconds West a distance of 228.30 feet to a point marked by an iron pin; running thence North 56 degrees 11 minutes 5 seconds West a distance of 196.92 feet to a point marked by an iron pin set in the easterly line of a roadway known as Carpenter Circle; running thence North 35 degrees 56 minutes 24 seconds East along said line for a distance of 201.00 feet to a point; running thence on a curve to the left, an arc distance of 139.83 feet along said line, with a chord running North 15 degrees 54 minutes 37 seconds East for a chord distance of 137.00 feet, to a point marked with an iron pin; running thence South 30 degrees 54 minutes 28 seconds East a distance of 264.72 feet to the point or place of beginning. Being a portion of the premises conveyed to the City of Ithaca by deed from the New York State Electric and Gas Corporation dated February 21, 1986 which deed was recorded in the Tompkins County Clerk’s Office on March 13, 1986 in Liber 615 of Deeds at page 797. TOGETHER WITH the right of access to and along the street commonly known as Carpenter Circle, for the purpose of providing access (from Third Street) by the public to the premises leased from the City of Ithaca by Project Growing Hope, Inc., which right was retained when said street was conveyed by the Ithaca Urban Renewal Agency to Building Links, Inc. SUBJECT TO rights retained by the New York State Electric and Gas Corporation in the aforesaid deed for permanent easement and rights of way upon, over, across and under the above described premises as more particularly set forth in the aforementioned deed from the New York State Electric & Gas Corporation to the City of Ithaca. November 6, 2013 12 Alderperson Proulx noted that economic development and urban agriculture issues are complex; however, he believes there is room in the City for both. He reviewed the history of the Community Garden Lease and identified the flexibility that this lease will offer to a future Council regarding economic growth and the potential relocation of the gardens. He stated that this Ordinance/Lease was passed by the City Administration Committee by a vote of 3-2 and he voiced his support it. Alderperson Clairborne voiced his disappointment that this situation could not be rectified without Common Council intervention. He stated that he would vote in opposition to the legislation even though he supports it, because of the mechanics that were involved in the negotiation process. He voiced his support for Project Growing Hope and believes that they should be able to remain in place until a solid economic development project is ready to break ground. Alderperson Kerslick thanked everyone for the time and effort that was dedicated to this issue. He believes that the work completed has improved the process for the future. He believes that Council should be thinking of future zoning changes for the area (ie. from industrial to mixed use). Alderperson Murtagh stated that the Planning Department is discussing the future zoning of the area. He noted that nothing in the lease prevents the current property owners from continuing to work with the City on development possibilities. Alderperson Brock reminded Council that the property owners brought a proposal to the City with a relocation plan for the Community Gardens prior to Project Growing Hope’s request for the City to renew their lease. She noted that this will always be a political discussion as long as “rights by law” are subject to personal sentiments. She identified the challenges presented by this process for property owners seeking project financing. She shared the analysis she conducted on the property that included future property and sales tax revenues. Alderperson Proulx stated that 80% of the land that would bring in future property and sales tax revenues is not under the control of the City. The power lines that run through the property is a significant challenge for developers. Although beautiful sketches were submitted regarding the relocation of gardens to Cass Park; no development plans have been submitted for Carpenter Business Park even though there has been ample time to do so. Alderperson Dotson echoed the comments made about the tensions between economic development and urban agriculture. She believes that the lease is flexible if a complete proposal for the development of the site is submitted. Not renewing the lease with Project Growing Hope would mean that the gardens may need to be relocated immediately as opposed to when the development actually starts. She further stated that there is always the opportunity to change the zoning of the area to support economic growth. Alderperson McCollister stated that she is on the fence on this issue as she can understand the lack of site control and financing issues faced by the developer, the political issues, and the value of community gardens. She identified advantages and disadvantages of incremental development. Alderperson Kerslick noted that he is not waiting for a complete development proposal but he believes that a convincing sketch plan with a planned transition of the gardens with City involvement would be acceptable. Alderperson Murtagh stated that Common Council is very serious about developing that site and this should be a signal to the Community Gardens to start preparing for the future. Alderperson Clairborne noted that the developers can’t get financing without full site control. He further shared his belief that the developers should pay for the relocation of the gardens but that won’t happen without site control. November 6, 2013 13 Alderperson Brock stated that questions have arisen indicating that some Council members may have conflicts of interest and requested that Council members identify themselves or members of their households if they have memberships in the Community Gardens. City Attorney Lavine clarified that conflict of interest would be directly related to receiving a financial benefit from the Community Gardens. He stated that he does not believe that there are any financial conflicts of interest and advised Council members to disclose information if they choose to but stated that no one is legally required to. Alderperson Brock noted that memberships in the gardens can offset a family’s food costs by up to $600 per year, and she would like Council members to disclose who is a member of the gardens. City Attorney Lavine responded that purchasing a plot in the gardens is approximately $15. For the sake of disclosure, Alderperson Proulx as Chair of the City Administration Committee, and Alderperson Murtagh as Chair of the Planning and Economic Development Committee stated that they, or their household members, did not have memberships with the Community Gardens. Alderperson Dotson disclosed that she was not sure if she and/or her wife had a current membership with the Community Gardens. She stated that in the past, her wife has volunteered thousands of hours to the Community Gardens but she does not feel that the benefit of the vegetables they received as a part of their garden plot is impacting her vote in any way. A vote on the Ordinance resulted as follows: Ayes (7) Dotson, Murtagh, Fleming, Smith, Kerslick, Mohlenhoff, Proulx Nays (3) Brock, Clairborne, McCollister Carried (7-3) City Attorney Lavine stated that although the legislation passed, he would encourage Council to consider an option that would pass with at least 8 votes and suggested that Option B in the City Administration Committee agenda packet might be an option to consider. He stated that Option B gave Common Council the option to terminate the lease for any reason and there are no requirements attached to it; it would only need a six person majority of Council to pass it. Alderperson McCollister stated that her issue was not the lead time in relocating the gardens; her concern is related to the requirement that the developer submit a complete plan for the property. She noted that it is very difficult to obtain 8 votes for that type of project development. She further stated that she would support the legislation with the Option B language in it. 9.1 An Ordinance Approving a Lease of City – Owned Property By Alderperson Murtagh: Seconded by Alderperson Smith ORDINANCE __-2013 An Ordinance Approving a Lease of City-Owned Property WHEREAS, the City of Ithaca/Ithaca Urban Renewal Agency (IURA) executed a Purchase Agreement with Building Links, Inc. in 1999 for approximately eight acres of undeveloped land zoned I-1 located in Carpenter Business Park (CBP), which gave Building Links, Inc. an option (the “Option”) to purchase Carpenter Business Park Tax Parcel 36.-1-3.4, which Option was subsequently defined in a 2002 agreement; WHEREAS, the City leased CBP Tax Parcel 36.-1-3.4 to Project Growing Hope, Inc. for a twenty-year term expiring on December 31, 2013 for use as a community garden; WHEREAS, the City of Ithaca and Project Growing Hope Inc. collaborated to raise the necessary funds for the creation of a community garden at CBP Tax Parcel 36-1-3.4; WHEREAS, the City of Ithaca, in anticipation of future development invested over $500,000 to build the infrastructure necessary for commercial development in the former Carpenter Business Park; November 6, 2013 14 WHEREAS, included in the sale of Carpenter Business Park was a purchase option of the City owned parcels leased by Project Growing Hope, Inc., which option could only be exercised during the term of the lease with the approval of Project Growing Hope, Inc.; WHEREAS, upon expiration of the lease, said option could be exercised if the Common Council decided not to extend or renew the lease with Project Growing Hope, Inc.; WHEREAS, it is generally agreed upon that the Carpenter Business Park is an appropriate location for economic development; WHEREAS, Building Links, Inc. provided notice and payment dated July 1, 2013 of its intent to exercise the purchase option, said exercise effective only in the event that Project Growing Hope, Inc. is not in possession of an executed lease effective January 1, 2014; WHEREAS, Project Growing Hope, Inc. has approached the City requesting renewal of the lease; WHEREAS, it is generally agreed that community gardening is a valuable public benefit for City residents; WHEREAS, General Municipal Law Section 96 recognizes that allowing City-held lands to be used for community gardening is a valid exercise of municipal powers and grants the City the right to make such lands available for community gardening for such period of time and under such conditions as it determines; WHEREAS, the Common Council, on September 19, 2012, directed the Mayor and City Attorney to negotiate a new lease agreement with Project Growing Hope, Inc. for the Carpenter Business Park community garden; WHEREAS, the Common Council resolved that the City’s renewed agreement with Project Growing Hope Inc. would include specific conditions that, when all met, would allow early termination of the lease: • Final Site Plan approval by the City of Ithaca Planning Board for the development of the lands comprising the Carpenter Business Park, of which the parcel leased to Project Growing Hope, Inc. is included, and; • A signed agreement with the developer for above-mentioned Site Plan that provides the City with an easement for a future public roadway that would connect Cascadilla Street to Third Street, through the proposed project site, in order to facilitate and safely manage traffic impacts of additional development in the vicinity, and; • Successful negotiations between the City and the developer for an agreed upon cost to be paid by the developer and to be solely used by the City for relocation, construction, and the establishment of a management framework for a substitute garden, and; • If relevant, submission of written notice of optionee’s intent to exercise the option to acquire the Community Garden parcel pursuant to the “Option to Purchase Real Property” agreement between the City of Ithaca and Building Links, Inc., dated February 2002; WHEREAS, Upon further discussion and consideration of a proposed lease, the City authorize the execution of a lease without the specific terms and conditions for early termination contained in the September 19, 2012 resolution; and, WHEREAS, the City of Ithaca and Project Growing Hope Inc. acknowledge that relocating the community gardens in the future to an, as of yet, undetermined site or sites will require additional funding that may exceed what only one party may be able to raise on its own; November 6, 2013 15 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent and Purpose. General Municipal Law Section 96 recognizes that allowing community gardening on suitable City-held lands is a valid exercise of municipal powers, and authorizes the City to allow individuals, community organizations, and groups to use such lands for community gardening under such terms and conditions as determined by the City. Section 96 further provides that the City may charge certain fees or provide certain services at cost for allowing such community gardening. The Common Council desires to continue to allow Project Growing Hope, Inc. to operate the existing community garden at the Carpenter Business Park at the present time. The Common Council makes the following findings of fact: Renewing the lease to Project Growing Hope, Inc. for the continuation of the currently-existing community garden on a portion of the Carpenter Business Park benefits the City and its residents, provided that the lease contains terms and conditions protecting the City’s interests in the use of the parcel, including but not limited to appropriate provisions for the termination of the lease by the City. Section 2. Approval and Execution of Lease. The Common Council repeals the terms and conditions for early termination specified in its September 19, 2012 resolution. The Common Council further repeals and replaces the Ordinance passed previously on this day on this same topic. The Common Council approves of the attached renewed lease agreement granting Project Growing Hope, Inc. continued use of a portion of Carpenter Business Park as a community garden, and authorizes and directs the Mayor to execute the attached renewed lease agreement with Project Growing Hope, Inc. for the Carpenter Business Park community garden. Section 3. Effective Date. This ordinance shall take effect immediately upon publication of the notice as provided in the City of Ithaca Charter. LEASE AGREEMENT FOR ITHACA COMMUNITY GARDENS THIS LEASE AGREEMENT, made this day of of 2013, by and between the CITY OF ITHACA, a municipal corporation, duly organized and existing under and by virtue of the laws of the State of New York, with offices at 108 E. Green Street, Ithaca, NY 14850, hereinafter referred to as "LESSOR," and PROJECT GROWING HOPE, INC., a not-for- profit corporation, duly organized and existing under and by virtue of the laws of the State of New York, with an address at Post Office Box 606, Ithaca, NY 14851, hereinafter referred to as “LESSEE;” WITNESSETH THAT the parties hereto agree as follows: ARTICLE ONE: LEASED PREMISES LESSOR shall lease to LESSEE the premises more particularly described in Schedule “A,” hereinafter referred to as the “Leased Premises”, attached hereto and incorporated herein by reference, together with all the rights, privileges, easements and appurtenances thereunto belonging or attaching, subject to the provisions, conditions and covenants contained in this Lease Agreement. ARTICLE TWO: TERM OF LEASE LESSOR hereby leases to LESSEE the premises described in Schedule A attached hereto for a term commencing on January 1, 2014, and ending on December 31, 2033. November 6, 2013 16 ARTICLE THREE: EARLY TERMINATION Early Termination By LESSOR: Notwithstanding any other provisions herein, LESSEE’s right to occupy the subject premises may be terminated by LESSOR, prior to the end of the demised term of this Lease Agreement, on written notice to LESSEE, served as provided for in Article 10 hereof, under any one of the following conditions: a) If LESSEE shall, at any time during the demised term, fail in the performance or permit the violation of any of the covenants, conditions, terms or provisions of this lease which, on the part of LESSEE, are or ought to be observed, performed, fulfilled, and, except where a specific time is herein provided for the performance of any covenant or condition, when such default is not cured within ninety (90) days after notice and demand have been given pursuant to the provisions of Article 6 hereto (except that the City may impose a reasonably shorter period for failures or violations related to life safety matters), LESSOR may at its option, and ninety (90) days notice in writing terminate this lease, and this lease and the term thereof shall automatically cease and terminate at the expiration of said ninety (90) day period; or b) If, during the demised term, LESSEE shall be adjudicated a bankrupt or make a general assignment for the benefit of creditors, or shall take the benefit of any insolvency act, or if a temporary or pe rmanent receiver or trustee in bankruptcy is appointed for LESSEE’s property and such appointment for a temporary receiver is not vacated and set aside within ninety (90) days from the date of such appointment, or in the event of any attempted transfer or other devolution of the interest (or any part thereof) of LESSEE, to any other person or corporation, by reason of the acts and things hereinabove last enumerated, LESSOR may at its option, and ninety (90) days notice in writing terminate this lease, and this lease and the term thereof shall automatically cease and terminate at the expiration of said ninety (90) day period; or c) LESSOR shall have the right to terminate this Lease Agreement upon at least one year’s written notice to LESSEE, by resolution of the City Common Council, resolving to terminate for any reason or no reason at all. LESSOR shall provide LESSEE at least 30 days notice but not more than 365 days notice, in the manner specified in Article Ten hereof, that the Common Council is considering such a resolution, before final approval by the Common Council of such a resolution. Effect of Early Termination By LESSOR If terminated by LESSOR under this Article III, the Lease herein and the term thereof shall automatically cease and terminate at the expiration of the applicable notice period; and it shall be lawful for LESSOR, at its option, to enter the demised premises or any part thereof and to have, hold, repossess and enjoy the said premises, and LESSOR shall have the right to recover the said premises and to remove all persons therefrom by summary proceedings or by any other legal action or proceedings. Notwithstanding the provision of one year’s notice in subsection (c) of this Article Three, if the effective date of termination of the lease so calculated falls between May 1st and October 31st of any given year, then in that case the actual date of termination shall be November 1st of the year following LESSOR's notice of termination. November 6, 2013 17 Early Termination By LESSEE: LESSEE may terminate this Lease Agreement at any time by giving 30 days written notice to LESSOR. ARTICLE FOUR: RENT For and in consideration of the leasing aforesaid, LESSEE hereby covenants and agrees to pay to LESSOR, as and for rent for the leased premises, the sum of $1 per year, which sum is hereby acknowledged by LESSOR to have been paid in advance at the time of execution of this Lease Agreement. As and for additional consideration, the substantial value of which is acknowledged by LESSOR, LESSEE agrees to provide, at its cost, a public community garden program for the City of Ithaca and its residents, for the term of this Lease, utilizing the leased premises. ARTICLE FIVE: USE OF PREMISES. a) LESSOR affirms the public benefit provided to residents of the City of Ithaca by the existence of the Community Gardens at the leased premises. The LESSEE covenants and agrees that it will, during the period of this lease, reasonably use said premises and any buildings and improvements situated thereon for public community gardens in a manner similar to its current and past use of the premises, as a benefit for the City of Ithaca and open to the general public, as defined by the current certificate of incorporation and bylaws of LESSEE, including outreach to and accessibility for low income gardeners. In addition, the premises will be available for other uses as deemed appropriate by LESSOR, provided such uses do not conflict with the Community Garden uses of LESSEE, including but not limited to use by the general public for passive recreation or other purposes. As deemed appropriate by LESSOR, LESSEE shall be afforded the opportunity to review and comment on potential joint uses of the leased premises but LESSOR shall retain the sole authority to determine such uses and whether they conflict with the Community Gardens use by LESSEE. b) LESSEE further covenants and agrees that at all times during the demised term: 1. the premises including the buildings and improvements situated thereon or connected therewith and all appurtenances thereto and equipment thereof shall be kept by LESSEE at its own expense in good repair and in a clean and safe condition and in conformity with the requirements of all municipal, county, state and federal laws, rules and regulations; 2. that all health, police, zoning, fire, building, subdivision, and other regulations shall, in all respects and at all times, be fully complied with by LESSEE and, in particular, that at the end of the growing season the site will be appropriately cleaned and winterized; 3. that LESSEE will not at any time remove or permit to be removed any existing building or improvement from the demised premises except as provided for in this Lease; ARTICLE SIX: IMPROVEMENTS. It is understood and agreed that in the event that LESSEE shall construct buildings and structures or landscaping upon the demised premises during the term of this Lease Agreement, or any extension thereof, such buildings shall be used solely for the purposes set forth in ARTICLE FIVE hereof. Any such improvements shall be subject to City of Ithaca site plan review, if applicable. November 6, 2013 18 ARTICLE SEVEN: WATER, SEWERAGE, AND PARKING. LESSEE shall be responsible for construction and maintenance of any water or sewer lines between the existing City systems and the leased premises, for use by LESSEE, in accordance with LESSOR's engineering specifications. In particular, LESSEE shall be responsible for the installation, maintenance and testing of the backflow protection device; the winterization of all such water and sewer lines and appurtenances; and for the scheduling of seasonal turn on and shut off of water. LESSEE shall be responsible for payment for all utilities used on the leased premises. LESSOR shall have no responsibility for developing additional parking areas for use by LESSEE. ARTICLE EIGHT: INSURANCE. LESSEE shall keep the improvements insured against liability and fire or other hazards and shall save LESSOR harmless and indemnified at all times against any loss, damage, penalties, costs and expenses, judgments and decrees, by reason of a failure so to do in any respect or by reason of any violation of any of the law, rules or regulations above referred to, or by reason of any accident, loss, wrong, injury, or damage to person, life or property in or about said demised premises, including but not limited to for any negligence of LESSEE in the making of any improvements to the premises, or by reason of any use which may be made of the demised premises or the buildings and improvements thereon, or by reason of any act or thing done or omitted to be done or by reason of anything happening in connection with or upon the demised premises or in any building situated thereon or improvement connected therewith, or by reason of the failure of LESSEE in any respect fully to carry out and perform any of the covenants, agreements, provisions or undertakings in this lease on its part to be performed. Proof of insurance and the inclusion of LESSOR as an additional insured in all such policies of insurance shall be provided in writing to LESSOR. LESSEE shall maintain liability insurance coverage upon the leased premises, in the initial, minimum amount of $1,000,000 per occurrence and $2,000,000 in the aggregate, and shall ensure that the City of Ithaca is named as an additional insured on such policy. The minimum amount of required coverage shall be subject to reasonable, periodic adjustment by the City, upon prior written notice to LESSEE of at least 6 months. LESSEE shall provide written documentation to City that required coverage is in place, at the time of execution of this lease agreement, at least annually thereafter, by January 31st, or at other time upon request. LESSEE shall keep the premises insured as provided for herein and the amount of insurance coverage shall be as reasonably approved by the LESSOR, and proof of insurance and the inclusion of LESSOR as an additional insured in all such policies of insurance shall be provided in writing to LESSOR. It is mutually covenanted and agreed by and between the parties hereto that the proceeds of any and all policies of fire insurance covering any building or buildings at any time situated upon the demised premises shall be used as a trust fund towards the repair, reconstruction, building or rebuilding of such building or buildings, unless the parties agree otherwise in writing. ARTICLE NINE: DEFAULT If LESSEE shall, at any time during the demised term fail in the performance of or permit the violation of any of the covenants, conditions, terms or provisions of this Lease Agreement, which, on the part of LESSEE, are or ought to be observed, performed and fulfilled and, except where a specific time is herein provided for the performance of any covenant or condition, when such default shall not be made good within ninety (90) days after notice and demand given pursuant to the provisions of ARTICLE TEN hereof, then, in any of the events enumerated hereto, LESSOR may, at its, option, and upon ninety (90) days notice in writing, served as provided in ARTICLE TEN hereof, terminate this lease, and this lease and the term thereof shall automatically cease and terminate at the expiration of said ninety (90) day period; and November 6, 2013 19 it shall be lawful for LESSOR, at its option, to enter the demised premises or any part thereof and to have, hold, repossess and enjoy the said premises, and the LESSOR shall have the right to recover the said premises and to remove all persons therefrom by summary proceedings or by any action or proceedings. Such defaults allowing lease termination are as follows: a) In the event that LESSEE shall fail to use said premises for the purposes hereinbefore described in ARTICLE FIVE for one full year during the term of this lease, as provided in ARTICLE TWO, then LESSOR may, at its option, notify LESSEE of its election to terminate this lease. b) In the event that, at any time during the term of this Lease, LESSEE or its assignee shall cease to be a not-for-profit corporation, this lease shall cease and terminate at the option of LESSOR. c) If, during the demised term, LESSEE shall be adjudicated a bankrupt or make a general assignment for the benefit of creditors or take the benefit of any insolvency act, or a temporary or permanent receiver or trustee in bankruptcy is appointed for LESSEE's property and such appointment for a temporary receiver is not vacated and set aside within ninety (90) days from the date of such appointment, or in the event of any attempted transfer or other devolution of the interest of any part thereof of LESSEE to any other person or corporation by reason of the acts and things hereinabove enumerated. d) If, during the term of this Lease, the tax assessor of Tompkins County determines that the subject parcel is not tax exempt, this lease shall be deemed void, unless LESSEE agrees to pay - and in fact does timely pay - any taxes levied upon the premises. In the event that this Lease is deemed void for that reason, the parties shall attempt in good faith to re-negotiate the Lease terms. ARTICLE TEN: NOTICES. Any notice which may be required under the terms of this lease shall be given in writing, personally to: For LESSOR: Mayor Attorney for the City 108 East Green Street 108 East Green Street Ithaca, New York 14850 Ithaca, New York 14850 and For LESSEE: Project Growing Hope, Inc. P.O. Box 606 Ithaca, New York 14851 ARTICLE ELEVEN: ASSIGNMENT It is hereby covenanted and agreed by and between the parties hereto that LESSEE may not sell, convey or assign its interest in the demised premises and in any structures or improvements thereon without the written consent of LESSOR. The approval of one assignment by LESSOR shall not constitute approval for any subsequent assignment. ARTICLE TWELVE: SURRENDER OF PREMISES; DISPOSITION OF IMPROVEMENTS Upon the termination of this lease, as a result of default (per ARTICLE NINE) or early termination, or upon its expiration (or the expiration of a renewed term, per ARTICLE SIXTEEN, if applicable), LESSEE covenants and agrees to surrender the demised premises, peaceably and at once, and to deliver up the same to LESSOR, subject to the remaining provisions of this Article. LESSEE shall be entitled - but not required - to remove from the demised premises any improvements LESSEE has made to said premises, including but not necessarily November 6, 2013 20 limited to any structures (e.g., sheds, fencing, gazebo) and the topsoil from the gardens (defined as the top eight inches of soil), provided that a relocation site requires topsoil. Any such removal must occur prior to said termination date, must be complete (i.e., without leaving debris, hazards, or holes in the ground) and shall be at LESSEE’s sole cost. ARTICLE THIRTEEN: CONDEMNATION If any person or corporation, municipal, public, private or otherwise, shall, at any time during the term of this lease, lawfully condemn and acquire title to the demised premises or any portion thereof, or to any building or the appurtenances now or hereafter erected thereon, or to any easement therein, in or by condemnation proceedings pursuant to any law, general, special or otherwise, then, in that case, LESSOR shall be entitled to and shall receive the entire award or payment therefor; and LESSEE shall assign and does hereby assign and transfer to LESSOR such award or payment as may be made therefor. LESSOR, in any event, shall be entitled to receive any and all awards or payments made for any buildings and the appurtenances which shall be so taken or for any damages thereto, free, clear and discharged of every claim of every kind whatsoever by or on the part of LESSEE, except as hereinafter specifically provided, and such award or payment is hereby transferred and assigned to LESSOR by LESSEE; and LESSEE hereby further agrees that for the purpose of obtaining such award or payment, and for all other purposes, all the buildings and improvements now standing upon the demised premises are the sole and absolute property of LESSOR and that in no event and under no circumstances shall LESSEE be entitled to receive or retain any award or payment or any part thereof except as hereinafter specifically provided. Notwithstanding anything hereinbefore contained to the contrary, if LESSEE shall have commenced or completed the erection of a new building or buildings or other improvements and such condemnation takes place after the commencement or completion of the said new building or buildings, then LESSOR agrees to pay LESSEE out of the condemnation award or payment when paid, a sum equal to the amount awarded or paid in condemnation as the value of such building or improvements. If, in the condemnation proceeding, the value of the land and of the buildings and other improvements are not separately determined, then the value of the building or other improvements shall be determined by arbitration. LESSOR agrees to give LESSEE notice of any condemnation proceedings immediately upon knowledge of such proceedings. ARTICLE FOURTEEN: NON-DISCRIMINATION It is mutually understood and agreed that LESSEE, in the employment of its agents, contractors and/or employees, shall not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services or program participant because of actual or perceived age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sex; sexual orientation; socioeconomic status; or weight; and any construction contract entered into by LESSEE shall contain such a nondiscriminatory clause. ARTICLE FIFTEEN: MISCELLANEOUS PROVISIONS a) Waivers of Lien. LESSEE covenants and agrees that LESSEE will not make any contract or agreement, either verbal or written, for labor, services, materials or supplies in connection with any improvements at any time situated upon the demised land without securing in such contract or agreement a waiver or waivers of lien against LESSOR's interest in the demised premises; and it is expressly understood and agreed, and notice is hereby given, that no persons, firms, or corporations furnishing labor, materials or services for the construction, reconstruction, alteration or addition to any building at any time during the term hereof situated upon the demised premises shall have any lien upon LESSOR's interest in the demised premises and November 6, 2013 21 that any and all liens upon LESSEE's estate and interest in the demised land and the buildings and improvements situated thereon shall be subject to the prior rights of LESSOR under the terms and provisions of this Lease Agreement, and no authority is given by this Lease to LESSEE, expressly or impliedly, to bind LESSOR for the payment of any money in connection with the construction, repairing, alterations, additions or reconstruction work on the demised premises, nor is there any authority given LESSEE by this lease, directly or indirectly, to permit any mechanic’s lien, materialman's lien, or contractor’s lien to arise against LESSOR's interest in the demised land or the buildings or improvements thereon, and LESSEE expressly agrees that it will keep and save the demised premises, and LESSOR, harmless from all costs and damages arising from any such liens or lien of any character created through any act or anything done by LESSEE. b) Title. LESSOR represents and warrants that it is the owner in fee of the demised premises, as described in Schedule “A,” attached hereto, free of all liens and encumbrances. c) Severability. In the event that any term, condition, clause or provision of this agreement shall be deemed null and void, the remaining terms, conditions, clauses and provisions of this lease agreement shall remain in full force and effect, unless the rights of either party are materially affected by the deletion of such term, condition, clause or provision, in which case either party may elect within 90 days after the date of the notification to declare said lease null and void in its entirety. ARTICLE SIXTEEN: RIGHT TO INSPECT LESSOR shall have the right to inspect any part of the premises without notice at any time. THIS AGREEMENT shall be binding upon the parties and their successors in title. IN WITNESS WHEREOF, the parties hereto have placed their hands and seals as of the date(s) set forth below. SCHEDULE A The premises leased to Project Growing Hope, Inc., by the City of Ithaca, pursuant to a Lease Agreement executed in 2013 between said parties, consist of the following: ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Ithaca, County of Tompkins and State of New York, shown as “Parcel A” and “Parcel B” (both of which are also denoted as “Community Gardens”) on a survey map entitled “Survey Map - Carpenter Business Park, Third Street and New York State Route 13, City of Ithaca, Tompkins County, New York,” dated 6/1/2001 and as revised on 2/15/02, more particularly bounded and described as follows: PARCEL A: Commencing at a pin set in the southeasterly boundary of lands reputedly of the Norfolk Southern Railroad, where said boundary intersects with a northeasterly line of premises (demarcated as 'Parcel F' on the above-referenced survey map) conveyed by Building Links, Inc., to Templar, LLC, by deed dated February 20, 2002, which deed was recorded on February 22, 2002, in the Tompkins County Clerk’s Office in Liber CD2504 of deeds at page 965, said point of beginning being located 691.28 feet southwesterly from a pin set in the southerly line of Third Street Extension; running thence North 34 degrees 41 minutes 32 seconds East a distance of 419.10 feet to a point in said boundary of lands of the Norfolk Southern Railroad; running thence southerly on a curve to the left, an arc distance of 65.82 November 6, 2013 22 feet, with a chord running South 4 degrees 4 minutes 54 seconds West for a chord distance of 65.60 feet, along the westerly line of a roadway known as Carpenter Circle; running thence South 4 degrees 7 minutes 11 seconds East a distance of 85.80 feet along said line; running thence on a curve to the right, an arc distance of 97.88 feet, with a chord running South 15 degrees 54 minutes 37 seconds West for a chord distance of 95.90 feet, along said line; running thence South 35 degrees 56 minutes 24 seconds West a distance of 203.2 feet to a point marked by a pin set in said line; running thence North 56 degrees 14 minutes 08 seconds West a distance of 113.65 feet to the point or place of beginning. PARCEL B: Commencing at a point 0.2 feet easterly of a chain link fence dividing what is demarcated on the above-referenced survey map as “Parcel B” and 'Parcel H' from New York State Route 13, which point is located South 33 degrees 47 minutes 32 seconds West a distance of 247.00 feet, approximately along said chain link fence, from the intersection of New York State Route 13 with a southeasterly boundary of land reputedly of Benjamin; running thence South 33 degrees 47 minutes 32 seconds West a distance of 228.30 feet to a point marked by an iron pin; running thence North 56 degrees 11 minutes 5 seconds West a distance of 196.92 feet to a point marked by an iron pin set in the easterly line of a roadway known as Carpenter Circle; running thence North 35 degrees 56 minutes 24 seconds East along said line for a distance of 201.00 feet to a point; running thence on a curve to the left, an arc distance of 139.83 feet along said line, with a chord running North 15 degrees 54 minutes 37 seconds East for a chord distance of 137.00 feet, to a point marked with an iron pin; running thence South 30 degrees 54 minutes 28 seconds East a distance of 264.72 feet to the point or place of beginning. Being a portion of the premises conveyed to the City of Ithaca by deed from the New York State Electric and Gas Corporation dated February 21, 1986 which deed was recorded in the Tompkins County Clerk’s Office on March 13, 1986 in Liber 615 of Deeds at page 797. TOGETHER WITH the right of access to and along the street commonly known as Carpenter Circle, for the purpose of providing access (from Third Street) by the public to the premises leased from the City of Ithaca by Project Growing Hope, Inc., which right was retained when said street was conveyed by the Ithaca Urban Renewal Agency to Building Links, Inc. SUBJECT TO rights retained by the New York State Electric and Gas Corporation in the aforesaid deed for permanent easement and rights of way upon, over, across and under the above described premises as more particularly set forth in the aforementioned deed from the New York State Electric & Gas Corporation to the City of Ithaca. Discussion followed on the floor regarding the new termination language and the notification requirements. A vote on the revised Ordinance/Lease resulted as followed: Ayes (9) Dotson, Brock, Murtagh, McCollister, Fleming, Smith, Kerslick, Mohlenhoff, Proulx Nays (1) Clairborne Carried (9-1) Mayor Myrick thanked Alderpersons Proulx and Murtagh for the time and hard work they dedicated to this issue. 9.2 Common Council - Housing Fund, Funding Round #7 – Authorize Disbursement of $75,000 Pursuant to an Executed MOU - Resolution By Alderperson Proulx: Seconded by Alderperson Kerslick WHEREAS, pursuant to an executed MOU, the Program Oversight Committee for the Cornell/City/County Housing Fund recommends that the City of Ithaca approve funding assistance for the following affordable housing project: November 6, 2013 23 $75,000 Amici House project, predevelopment loan to conduct feasibility analysis for a 12-15 unit supportive rental housing project for homeless young persons including an on-site child care center/Early Head Start classroom at 661-665 Spencer Rd., Tompkins Community Action, and WHEREAS, the Housing Fund Program Oversight Committee (POC) met on June 19, 2013, to review recommendations from the Application Review Committee of round #7 funding applications for new affordable housing projects, and WHEREAS, the City of Ithaca is represented on the POC by Alderperson J.R. Clairborne, Alderperson Chris Proulx, and Doug Dylla, past member of the Ithaca Urban Renewal Agency (IURA), and WHEREAS, the Housing Fund was established in 2009 by Memorandum of Agreement (MOU) as a six-year program between and among the City of Ithaca, Tompkins County and Cornell University to raise and award funds to increase the supply of permanently affordable housing in the County, and WHEREAS, the Common Council determined that City contributions to the Housing Fund should be used to assist projects located within the City of Ithaca, and WHEREAS, City funds committed to the Housing Fund are derived from Gateway Loan proceeds that originated from sale of City-owned land for the Eddygate project, and are held by the IURA, and WHEREAS, a total of up to $500,000 from the Housing Fund is available to award in round #7 as follows: Funding Sources ($1,000s) Cornell Tompkins City of Funding Awards University County Ithaca Total Annual Funds Pledged 200 100 100 400 Round #1 (2009) 14510030 275 Round #2 (2010) 757070 215 Round #3 (2011) 1001000 200 Round #4 (2011) 0030 30 Round #5 (2012) 0 0 0 0 Round #6 (2012) 420130230 780 Totals Awards to Date 740400360 1,500 Funds Available for Round #7 260100140 500 and, WHEREAS, the POC recommends round #7 funding of $375,000 for three affordable housing projects, and Round #7, Housing Fund - Recommended Funding Awards Funding ($1,000s) Applicant Project # Afford. Units Location Cornell County City Total Ithaca Neighborhood Housing Services Scattered Site New Construction 7 owner- occupied (C)Ithaca -402 S. Cayuga -214 Second St. -203 Third St. 2100 0 210 Tompkins County Action Amici House 12-15 rental (C)Ithaca -661 & 665 Spencer Rd 00 75 75 Peterson/ Seven Circles LLC White Hawk Ecovillage 3 owner- occupied (T)Danby -Rt. 96B/ Gunderman Rd 090 0 90 Totals 22-25 21090 75 375 WHEREAS, providing funding to conduct feasibility analysis for a proposed housing project is a type II action under SEQR/CEQRO provided the funding does not commit November 6, 2013 24 the agency to commence, engage in or approve the housing project, therefore no environmental review is required for this action; now therefore be it RESOLVED, That the Common Council for the City of Ithaca hereby authorizes an expenditure of up to $75,000 for the Amici House project to conduct feasibility analysis, and be if further RESOLVED, That such funds shall be derived from Gateway Loan Proceeds held by the Ithaca Urban Renewal Agency, and be it further, RESOLVED, That the Mayor is authorized, subject to advice of the City Attorney, to execute a fiscal agency agreement with Tompkins County to implement this resolution. Carried Unanimously 9.3 DPW – Water and Sewer – Amendment to Personnel Roster Utilities System Locator Technician Position - Resolution By Alderperson Proulx: Seconded by Alderperson Clairborne WHEREAS, the Water and Sewer Division anticipates that a vacancy in the position of Utilities Systems Location Technician will occur during the summer of 2014, and WHEREAS, the Utilities Systems Location Technician is a specialized position that requires significant field training, and WHEREAS, the Civil Service Commission approved the New Position Duties Statement for the Utilities Systems Location Technician for City of Ithaca DPW Water & Sewer Division on October 2, 2013, and WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division has budgeted to provide for this position in the 2014 proposed budget, and WHEREAS, the City of Ithaca as an owner and operator of underground facilities and utilities is required to provide underground facility and utility location and mark-out in response to Dig Safely New York requests in compliance with NYS law, Public Service Law 119-b Protection of Underground Facilities and General Business Law Article 36 sections 760-767, and WHEREAS, the Water and Sewer Division needs to fill the Utilities Systems Location Technician position a minimum of six (6) months in advance of the actual vacancy to allow for adequate training and a smooth transition; now, therefore, be it RESOLVED, That the Personnel Roster of the Water and Sewer Division of the Department of Public Works be amended by adding a second position of Utilities Systems Location Technician with an effective date of January 1, 2014, and be it further RESOLVED, That upon the resignation of the current Utilities Systems Location Technician, the position vacated through resignation shall be abolished effective on the employee's resignation date, and be it further RESOLVED, That the second position of Utilities Systems Location Technician is funded in the 2014 budget for a total of six months and any extension to that timeframe will require additional Common Council action. Carried Unanimously 9.4 DPW – Water and Sewer – Amendment to Personnel Roster for Civil Engineer Position - Resolution By Alderperson Proulx: Seconded by Alderperson Kerslick WHEREAS, The City of Ithaca DPW Water & Sewer Division has need of a higher level engineering position to meet the demands of the ever increasing complexity of the technology associated with the sustainable, efficient, and cost effective management of the Cities Water & Sewer Infrastructure, and WHEREAS, The City of Ithaca DPW Water & Sewer Division has need of a higher level engineering position to facilitate the present work load and future work plans in order to provide November 6, 2013 25 adequate levels of capital construction project management, design, and engineering oversight, both in support of the Divisions daily operations, maintenance, repairs, and in our capital improvement projects, and WHEREAS, the demand for a higher level of Engineering technical support within the Division has significantly increased with the $37M Water Supply Project for the rebuilding of the Water Treatment Plant and rehabilitation of associated water production and storage infrastructure; our continuing capital projects at the wastewater treatment plant in our transition to an energy producing resource recovery facility; and in the engineering and planning of economically and energy sustainable asset management for the maintenance and replacement of our water distribution and wastewater collection systems, and WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division currently has the funded Title of Assistant Civil Engineer on the roster, and WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division has need of the Title of Civil Engineer on the roster, and WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division has budgeted to provide for this position in both the 2013 budget and the 2014 proposed budget, and WHEREAS, the Civil Service Commission approved the New Position Duties Statement for the Civil Engineer for City of Ithaca DPW Water & Sewer Division on July 10, 2013, now, therefore, be it RESOLVED, That effective December 1, 2013 the Personnel Roster of the DPW Water & Sewer Division be amended as follows: Delete: (1) Assistant Civil Engineer, Salary Grade 20, Administrative Unit Add: (1) Civil Engineer Salary Grade A, Executive Association and, be it further RESOLVED, That the Civil Engineer position will be filled promotionally from within the Department of Public Works, and be it further RESOLVED, That funds necessary for said roster amendment shall be derived from the existing 2013 and 2014 DPW Water and Sewer budgets. Carried Unanimously 9.5 DPW - Request Funding for Engineering Services Agreement for Influent Building and Dewatering System - Resolution By Alderperson Proulx: Seconded by Alderperson Kerslick WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) is in need of certain Capital Improvements, and WHEREAS, GHD Engineers completed an Engineering Report entitled “IAWWTF Influent Building and Dewatering System Improvements Study” as the final project funded by Capital Project 416J, and WHEREAS, in order for the staff to maintain its goals as embodied in its five year capital plan, this agreement provides engineering services for the next set of proposed capital improvements, and WHEREAS, this authorization for an amount not to exceed $274,000 will allow GHD to design the improvements to the Influent Building, including replacement of the bar screen equipment and the addition of a new biosolids dewatering system as identified in the aforementioned engineering study, and WHEREAS, the Special Joint Committee (SJC) approved said professional services contract with GHD at its meeting of October 9, 2013 contingent on fund availability and attorney approval of the agreement, and WHEREAS, the funding supplied by this resolution will be placed in accounts for Capital Project 419J; now therefore be it November 6, 2013 26 RESOLVED, That Common Council hereby recommends an amount not to exceed $274,000 to fund the proposed agreement with GHD Engineers utilizing funds from the new authorization for CP 419J IAWWTF Influent Building and Dewatering System Improvements, and, be it further RESOLVED, That Common Council hereby authorizes this project contingent upon action by all wastewater partners committing their percentage of reimbursement shares to the Joint Activity Fund allocated per the Joint Sewer Agreement as follows: Municipality Percentage Project Cost City of Ithaca 57.14 $156,563.60 Town of Ithaca 40.88 112,011.20 Town of Dryden 1.98 5,425.20 $ 274,000.00 and, be it further RESOLVED, That funds needed for the IAWWTF Influent building and Dewatering System Improvements projects shall be derived from the combination of J-1 Capital Reserve Funds and the issuance of Serial Bonds as determined by the City Controller. Carried Unanimously 9.6 City Controller’s Report City Controller Thayer reported on the following:  The final budget vote will take place at a Special meeting of Council on November 12, 2013  The assessment revenue for the 2014 budget has increased slightly ($4,946)  2013 Activity: o Insurance claims are very active – the City is currently shopping all insurances trying to find better premium rates. Insurance companies are taking a close look at the status of the City’s dams. The Water Filtration Plant construction project will include improvements to the dams. o 2012 Financial statements are being completed o Sales tax collections are fluctuating and are currently 2.1% higher than 2012 activity. A 2.8% increase was budgeted for 2013. The decrease in fuel prices impacts this revenue stream. o Overtime: $960,000 budgeted - $748,000 has been expended to date o Building Permit Revenue: $819,000 budgeted - $435,000 collected to date o Mortgage Tax Revenue: $390,000 budgeted – collection is expected to be $778,000 o Parking Revenue: $2.59 million budgeted - $1.62 million collected Alderperson Proulx reminded Council that the next City Administration Committee meeting would be held on Monday, November 25, 2103 at 6:30 p.m. due to the Thanksgiving holiday. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: Alderperson Murtagh reported that the following presentations would be made at the next Planning and Economic Development Committee meeting and invited all members of Council to attend: - Town of Ithaca - Planned Development Zones - Ithaca Motion Picture Project GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE: Alderperson Mohlenhoff stated that the only agenda item for the next GPA Committee meeting would be a facilitated discussion with representatives from each of the City’s volunteer boards and committees regarding potential new organizational and operational structures. Approximately 15 people have committed to attend so far. November 6, 2013 27 MAYOR’S APPOINTMENTS: 15.1 Board of Zoning Appeals By Alderperson Mohlenhoff: Seconded by Alderperson Smith RESOLVED, That Gabriel Holbrow be reappointed to the Board of Zoning Appeals with a term to expire December 31, 2016, and be it further Cable Access Oversight Committee RESOLVED, That Michael Brutvan be reappointed to the Cable Access Oversight Committee with a term to expire December 31, 2016, and be it further RESOLVED, That E. Wayles Browne be reappointed to the Cable Access Oversight Committee with a term to expire December 31, 2016, and be it further Commons Advisory Board RESOLVED, That Tim Gray be reappointed to the Commons Advisory Board with a term to expire December 31, 2015, and be it further RESOLVED, That Chris Georgaroudakis be reappointed to the Commons Advisory Board with a term to expire December 31, 2015, and be it further RESOLVED, That Joseph Gaylord be reappointed to the Commons Advisory Board with a term to expire December 31, 2015, and be it further Community Police Board RESOLVED, That Johnny Wright be reappointed to the Community Police Board with a term to expire December 31, 2016, and be it further RESOLVED, That Richard Rogers be reappointed to the Community Police Board with a term to expire December 31, 2016, and be it further RESOLVED, That E. Alex Brower be reappointed to the Community Police Board with a term to expire December 31, 2016, and be it further Examining Board of Plumbers RESOLVED, That David Warden be reappointed to the Examining Board of Plumbers with a term to expire December 31, 2016, and be it further Ithaca Housing Authority Board RESOLVED, That Christopher Malcolm be reappointed to the Ithaca Housing Authority Board with a term to expire October 17, 2017, and be it further RESOLVED, That Donald Byrd be appointed to the Ithaca Housing Authority Board with a term to expire October 17, 2017, and be it further Natural Areas Commission RESOLVED, That F. Robert Wesley be reappointed to the Natural Areas Commission with a term to expire December 31, 2016, and be it further Parks Commission RESOLVED, That Daniel Krall be reappointed to the Parks Commission with a term to expire December 31, 2016, and be it further RESOLVED, That Stephen Schmidt be reappointed to the Parks Commission with a term to expire December 31, 2016, and be it further Planning and Development Board RESOLVED, That Govind Acharya be reappointed to the Planning and Development Board with at term to expire December 31, 2015, and be it further Shade Tree Advisory Committee RESOLVED, That Keith Vanderhye be reappointed to the Shade Tree Advisory Committee with at term to expire December 31, 2016, and be it further November 6, 2013 28 RESOLVED, That Monika Roth be reappointed to the Shade Tree Advisory Committee with at term to expire December 31, 2016, and be it further RESOLVED, That Daniel Klein be reappointed to the Shade Tree Advisory Committee with at term to expire December 31, 2016, and be it further Workforce Diversity Advisory Committee RESOLVED, That Erin Sember-Chase be reappointed to the Workforce Diversity Advisory Committee with a term to expire December 31, 2016, and be it further Youth Bureau Advisory Board RESOLVED, That Augusta Christensen be reappointed to the Youth Bureau Advisory Board with a term to expire December 31, 2016. Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: Access Oversight Committee Alderperson Clairborne reported that there have been audio issues with the City’s digital television channel and Time Warner is aware of them. Customers who have a digital, cable ready, television can now view channels 13, 15, 16 on channels 97-3, 97-4, 97-5 and the City specific channel (which is not currently being programmed) on channel 97- 6. People who do not have digital capable television or a cable box can receive a digital adapter for free from Time Warner Cable. He further announced that two local producers have received Home Town awards for programming they produced. REPORT OF CITY ATTORNEY: City Attorney Lavine requested an Executive Session to discuss pending litigation. Motion to Enter into Executive Session: By Alderperson Mohlenhoff: Seconded by Alderperson Dotson RESOLVED, That Common Council enter into Executive Session to discuss pending litigation. Carried Unanimously Reconvene: Common Council reconvened into Regular Session with no formal action taken. MINUTES FROM PREVIOUS MEETINGS: 19.1 Approval of the October 2, 2013 Common Council Meeting Minutes – Resolution By Alderperson Dotson: Seconded by Alderperson Proulx RESOLVED, That the minutes of the October 2, 2013 Common Council Meeting be approved as published. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 8:45 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor