HomeMy WebLinkAbout10-22-12 Board of Public Works Meeting AgendaBOARD OF PUBLIC WORKS
OFFICIAL NOTICE OF REGULAR MEETING
A meeting of the Board of Public Works will be held on Monday, October 22, 2012, at 4:45
p.m. in the Second Floor Conference Room #206, City Hall, 108 East Green Street, Ithaca,
New York.
Agenda
1. Additions or Deletions to Agenda (Items 1 -5: 15 min.)
2. Mayor's Communications
3. Public Hearing
3.1 Public Comment Regarding Public Works Use of Several City Properties
700 East Seneca Street Parcel
e Elmira Road Right -of -Way Parcels
e 1105 Giles Street Parcel
4. Communications and Hearings from Persons Before the Board
5. Response to the Public
6. Reports
Special Committees of the Board
Council Liaison
Board Liaisons
Superintendent and Staff
Other Department Heads
7. Administration and Communications
7.1 Mayor's 2013 Proposed Budget — Discussion
8. VOTING ITEMS
8.1 Buildings. Properties. Refuse and Transit
A. Request for Encroachment Agreement at 245 Pier Road — Resolution
B. Recommendation for Lease Agreement of City Land on Linn Street for a
TCAT Bus Shelter — Resolution
8.2 Highways. Streets and Sidewalks
8.3 Parking and Traffic
8.4 Creeks, Bridges and Parks
A. Flexible Seasonal Operation of Newman Golf Course — Resolution
8.5 Water and Sewer
A. Recommendation to Create Additional Water Treatment Plant Operator
Title for the Water Treatment Plant — Resolution
9. DISCUSSION ITEMS
9.1 2013 Rates and Fees
A. Parking Rates
B. Trash and Yard Waste Tag Rates
C. Water and Sewer Rates
9.2 Repair of Cobblestone Portion of Ferris Place — Update
9.3 Sidewalk Program Proposed Policy
10. New Business
11. Adiounnment
If you have a disability that will require special arrangements to be made in order for you to fully
participate in the meeting, please contact the City Clerk at 607 - 274-6570 at least 48 hours before the
meeting.
The Board of Public Works meets on the second, third and fourth Wednesdays of the months at 4:45 p.m. All meetings are voting
meetings, opening vnth a public comment period. Meeting agendas are created from prior public input, Department operating, planning
issues, and requests made to the Superintendent. The Board reserves the right to limit verbal comments to three minutes and to request
written comments on lengthy or complex issues. This information may then be used to create committee agendas, with the speaker or
author invited to attend.
Notes for BPW Agenda, October 22, 2012
3.1 Public Comment Regarding Public Works Use of Several City Properties
The city has an extensive list of properties, many of which are not actively used or managed by
the City. Three locations are listed here as properties that staff is recommending as
candidates for sale back into private ownership. There may be more reasons to hold onto
property than it's utility to the Public Works functions of the city, but we are interested in
making a recommendation to Common Council based on a public works perspective, providing
one of the inputs that will inform their decision to sell or retain the property in question. The
properties listed here are typical of those which will be considered over time and will help start
the conversation.
7.1 Mavoes 2013 Proposed Budget— Discussion
Attached is a note from Rob Morache requesting a discussion of the 2013 proposed Mayor's
budget. He has a particular question concerning salaries listed in the budget. The Mayor and
Controller have both said there are no salary cuts anticipated. It is my understanding that the
confusion comes from "allowances" the Controller took in the budget lines related to my
retirement in December.
8.1A Request for Encroachment Agreement at 245 Pier Road —Resolution
Previous Mayors have requested that the DPW accommodate the Kiwanis Club's storage and
sale of mulch from land adjacent to the DPW building as part of their annual fund raising drive.
Recently we have tried to give this a formal existence by conforming more closely to the
Chapter 170 provision of the City Code.
8.1131 Recommendation for Lease Agreement of City Landon Linn Street for a TCAT
Bus Shelter— Resolution
Attached is a proposed resolution and memo with a ten year lease agreement which would
formalize the TCAT bus stop at the intersection of Linn and University. Perhaps now that the
controversy about the architectural presentation of the stop, juxtaposed to the historical district,
has died down we can proceed with this recommendation.
Page 2
8.4A Flexible Seasonal Operation of Newman Golf Course— Resolution
This space is reserved in case the Friends of Newman submit a resolution for the Board's
consideration, or I get the chance to construct a resolution that I believe captures the
discussion to date. If we have an "author in search of a publisher" who wants to take a crack
at this creative writing assignment, please feel free to submit your proposed resolution.
8.5A Recommendation to Create Additional Water Treatment Plant Operator Title for
the Water Treatment Plant — Resolution
The City's water plant has an operator retiring this December. We need to fill the position as
soon as possible to start the hiring and, if possible, begin the training (or familiarization) of that
operator prior to the departure of the existing operator. The water plant operates on a very
narrow staffing profile and keeping the plant at full staffing reduces the stress on the operators
significantly. Providing for some overlap of personnel is good practice in any industrial
environment with continuous 24 hour manufacturing cycles, and even more so with public
health as a consideration.
9.1 2013 Rates and Fees
9.2 Repair of Cobblestone Portion of Ferris Place — Update
9.3 Sidewalk Prooram Proposed Policy
Please refer to the Agenda for October 15, 2012. The topic of rates set by the Board of Public
Works came up in the Common Council review of the general fund portion of the budget. Now
I begin to remember why it is hard to set rates prior to Common Council adopting the budget.
In this discussion the Solid Waste budget discussion included suggestions such as eliminating
the subsidy (roughly $50,000 annually), the cost of tags, various approaches to balance the
budget, and the use of city bags rather than tags.
WillipnaJ. 4ra�, P.E.
Superun.te"ewt of Public WOrI25
October 19, 2012
Page 3
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CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850 -5690
OFFICE OF THE CITY ENGINEER
Telephone: 607/274 -6530 Fax: 607/274 -6587
To: Mayor Svante Myrick
Board of Public Works
Bill Gray, Superintendent of Public Works
From: Tom West, Assistant City Engineer
Date: October 18, 2012
Re: Divestiture of City -owned lands — 700 block East Seneca Street
700 block East Seneca Street Tax Parcel 68.-2-9.2
This 0.17 acre parcel was acquired by the
City in 1982. The parcel is zoned R -3A.
The assessed value of the land is $50,000.
The parcel has remnants of a sidewalk and
play structure once part of the school. The
sidewalk runs from the North West comer
of the property to the center of the property
where it ends in an abrupt drop. The
antiquated playground equipment
constitutes an attractive nuisance and has
not apparently been maintained in
decades. The East side of the property
has some mature trees. The West side of
the property is used for parking by the
neighboring property without permission.
The parcel is abutted by multi -unit
residential structures on similarly sized
parcels. 705 East Seneca Street has an
assessed value of $400,000 which
generates approximately $5000 in property
taxes.
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CITY OF ITHACA
106 East Green Street, Ithaca, New York 14850 -5690
OFFICE OF THE CITY ENGINEER
Telephone: 607/274 -6530 Fax: 607/274 -6587
Mayor Svante Myrick
Board of Public Works
Bill Gray, Superintendent of Public Works
Tom West, Assistant City Engineer
October 18, 2012
Divestiture of City -owned lands —1105 Giles Street
The City owns or has pint rights to approximately 1.5 acres of property located in the 1100
block of East State Street. The parcel is comprised of the abandoned right of way for Giles
Street, an unopened, platted street (Cook Land Tract, Division Street) and several
abandoned properties acquired by the City via tax sale or foreclosure.
The front portion of these parcels is lawn and driveway maintained by the property owner at
1215 East State Street. The rear portion of the land is brush and woods with a deep ravine.
The southernmost portion of the property, which abuts the south City line, has grassy areas
which indicate the presence of a water main owned by Bolton Point. There is a large
diameter storm pipe running across the properties to the ravine.
Although the majority of the property would be difficult to develop for residential purposes,
portions of the property might be attractive to abutting owners.
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Re:
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850 -5690
OFFICE OF THE CITY ENGINEER
Telephone: 607/274 -6530 Fax: 607/274 -6587
Mayor Svante Myrick
Board of Public Works
Bill Gray, Superintendent of Public Works
Tom West, Assistant City Engineer
October 18, 2012
Divestiture of City-owned lands — Licensed Properties — Elmira Road
In addition to individual parcels of City -owned land that are or can be divested of and sold
there are a number of small pieces of land that the city licenses to individuals and
businesses that could also be put back on the tax rolls.
The City has licensed use of properties and portions of rights of way since the late 1970's or
early 1980's. Over that time various formulas have been used to establish an annual fee for
use, agreements have been written, fees have been disputed, fees have been collected and
fees have been ignored. Although some of these pieces of land may have some public
works use in the future many are artifacts of past land acquisition that have little value to the
City other than as fee generators. Unfortunately the time and effort to establish and collect
fees probably exceeds the income generated. The balance is further tipped when those
properties are recognized as revenue generators by the County Assessor and they become
subject to County property taxes. It hardly makes good business sense for the City to keep
these properties.
Elmira Road — The right of way for Elmira Road was acquired long before the area was
annexed by the City. Acquisition followed existing property lines and resulted in an irregular
right of way line. (Most rights of way are characterized by parallel longitudinal lines with the
street centered between them.) The City has licensed use of the excess portion of that right
of way to various property owners abutting Elmira Road. Recently adjustments were made
to the fee structure to bring fees more in line with actual property values so it is no longer a
bargain for the abutting owners. However, most of the owners have permanent
improvements on the right of way and are unwilling or unable to abandon the use to avoid
the new fee. I propose that the City sell those portions of the right of way that serve no
further public works function.
A good example of such a property is located at 344 Elmira Road — Garcia's Restaurant. The
property owner, Mr. Marty McElwee, appealed his 2012 license fee. Based upon field
measurement and the rationale that the driveway should not be considered a "licensed use"
of the right of way I calculate that Mr. McElwee is using approximately 3000 square feet (sf).
Mr. McElwee has been assessed a fee of $3,236.70. The fee is based upon an appraised
rental value of $1.10 per square foot.
-An E ... I pppopluolly Empluy¢, wnh a — 11.ent 0 —kfi,— dW—ffimllon:
I recommend that the City sell the portion of the right of way that Mr. McElwee is using to
him. The general appraised value of commercial property along Elmira Road is $10.00 per
square foot (refer to appraisal of 334 Elmira Road by Midland Appraisals, 2003). Mr.
McElwee could be offered approximately 3700 sf abutting his front property line for a price of
$37,000. Cost of a survey would be about $1,000 and there would be filing fees. The City
would realize an additional $555 per year property tax without doing any paperwork,
mailings, etc. The property is of little use to the City.
The City licenses approximately 10 such bits of right of way along Elmira Road. Perhaps the
most puzzling arrangement is with Wal -Mart which licenses about 100 square feet of right of
way for their large entry sign. The total portion of right of way utilized or encumbered by Wal-
Mart and the other businesses on this property is approximately 13,000 sf. The appraised
value of the parcel is $130,000; we collect about $100 per year from Wal -Mart and nothing
from the other businesses. Property tax income from 13,000 sf would generate about $2,000
per year.
Approximate
ADDRESS Business Sq Ft Sq Ft Value
$10.00
Garcia's
344 Elmira Rd Restaurant 3996 $39,960.00
340 Elmira Rd Burger King 4260 $42,600.00
338 Elmira Rd Monro Muffler 2760 $27,600.00
Jiffy Lube 696 $6,960.00
334 Elmira Rd Vacant 1278 $12,780.00
328 Elmira Rd Arby's 2072 $20,720.00
326 Elmira Rd Wendy's 2500 $25,000.00
324 Elmira Rd Moe's Southwest 4370 $43,700.00
136
Fairgrounds Walmart 9475 $94,750.00
323 Elmira Rd Friendly 2678 $26,780.00
Total potential value $340,850.00
The first step in the process of divesting of these portions of right of way is for the Board of
Public Works to determine if there is a public works need for these lands. If there is no public
works need, or if the public works need can be accommodated via easement, the Board can
recommend that the Common Council sell these properties. The property line changes do
not require sub - division; they can be changed by lot line adjustment which is simpler.
The surveyor shows the reputed owner of the right of way to be Tompkins County. This
determination is based upon the last recorded deeds for the various properties that were
purchased and assembled to create the Elmira Road right of way. The City obtained the
right of way at the time of annexation of the south west portion of the City. The City has
improved and maintained the right of way since that time. Transfer of ownership will be
made via quit claim deed, as advised by the City Attorney.
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1(10/17/2012) Kathrin Gehring - BPW agenda item Page 1
From: Robert Morache <robmorache @gmail.com>
To: Kathrin Gehring <kgehdng @cityofithaca.org>
CC: Bill Goldsmith <wwg1 @comell.edu>
Date: 1011712012 10:03 AM
Subject: BPW agenda item
Kathy,
Bill Goldsmith and I are a bit concerned about certain cuts which we
noticed in the mayor's 2013 budget, specifically large cuts in
administrator's salaries. We would like to discuss any pending (or
contemplated) staff changes at our next meeting.
Thanks for adding this to the agenda.
-.•
8AA Request for Encroachment Agreement at 245 Pier Road —Resolution
WHEREAS, Joshua Adams, as President of the local Kiwanis Chapter in the City of Ithaca,
has requested an encroachment agreementllicense from the City for one existing
encroachment onto adjacent City-owned real property located at 245 Pier Road; and
WHEREAS, the encroachment consists of the following:
a 70'x 28' rectangular parcel sectioned off by a chain -link fence and located off
Pier Road, near the City of Ithaca Streets & Facilities building,
WHEREAS, the local Kiwanis Chapter provides valuable services to children within the City of
Ithaca, and whereas Kiwanis will use the described City land to store mulch for its annual
mulch sale fundraiser for six month periods of time prior to the sale; and
WHEREAS, proceeds from the Kiwanis mulch sale fund local programs to help children in our
community; and
WHEREAS, the City land in question was deemed to be in the "Light Industrial" category, and
to consist of approximately 1,960 square feet; and
WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public
works uses or needs, due to the existing encroachment or additional proposed encroachment
at this location; now therefore be it
RESOLVED, That the Board of Public Works hereby authorizes the Mayor, upon consultation
with the Superintendent and the City Attorney, to sign a revocable encroachment
agreement/ icense for the existing fenced in area, containing the usual terms and conditions;
and be it further
RESOLVED, That the license agreement shall be subject to a fee, per Chapter 170 of the City
of Ithaca Municipal Code, but that such fee shall be calculated on the basis of a six month
period of use running from April 1 through September 31 of 2013, and thereafter until the
license agreement is terminated by either party.
Page 4
AGREEMENT / REVOCABLE LICENSE FOR USE OF CITY REAL PROPERTY
THIS AGREEMENT, made this _ day of , 2012, by and between:
►KIWANIS CLUB OF ITHACA - CAYUGA (hereinafter referred to as "LICENSEE "),
and
► The CITY OF ITHACA. NEW YORK, a municipal corporation having offices at 108 East Green Street, Ithaca,
New York (hereafter referred to as "CITY "),
WffNESSETH THAT:
WHEREAS, LICENSEE is an organization in the City of Ithaca, County of Tompkins, State of New York,
commonly known and designated as Kiwanis Club of Ithaca - Cayuga, and is a regional branch of a global
organization headquartered at 3636 Woodview Trace, Indianapolis, Indiana 46268 -3196; and
WHEREAS, LICENSEE wishes to use, occupy and/or encroach upon certain land in the City of Ithaca
owned by CITY, for the benefit of LICENSEE, which CITY -owned land consists ofapproximately 1,960 square feet,
and which use can be described as follows:
a 70's 18'reciangularparcel sectioned off by a chain -link fence and located offl'ierRoad, near
the City oflthaca Sit eets & Facilities building;
and
WHEREAS, Chapter 170 of the Municipal Code of the City of Ithaca establishes the process and the terms
and conditions by which the CITY may license the use of and/or encroachment upon its real property to a person or
Persons; and
WHEREAS, the CITY's Board of Public Works has authorized the Mayor to execute an agreement
containing a revocable license that allows the above- described use or encroachment, subject to certain conditions;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, including
receipt by CITY from LICENSEE of the fees described herein (either in full, or pursuant to an installment payment
agreement), the parties hereto, for themselves, their heirs, executors, administrators, successors and assigns, do
hereby covenant and agree as follows:
1. By the License herein contained, LICENSEE shall have the right to occupy and lawfully use the City-
owned land described above, subject to the terms and conditions set forth herein. The CITY reserves the right to
enter upon the licensed premises upon reasonable notice (or without notice in the event that the CITY, in its sole
discretion, has determined that emergency entry is required) for the purpose of inspection or to assess or remedy a
dangerous or potentially dangerous condition.
2. The use by LICENSEE of the above-described property of the CITY does not constitute and shall never
ripen into or become a right to use any portion of such property without the consent of the CITY, but is and shall
continue to he only a use by sufferance of said property of the CITY, as evidenced by a duly executed and current
License /Agreement.
3. Subject to the provisions of Paragraph 4, below, the term of the License contained herein shall be for the
period commencing April I, 2013 (or on the date by which all application and use fees and any required forms
described herein are received by CITY, whichever dale is later) and expiring on September 31, 2013. This License
shall renew automatically thereafter, for six -month terms beginning April 1 and expiring September 31 of the
following year, with the same terms and conditions (except that the amount of the Use Fee may be revised annually,
per the provisions of Paragraph 6, below), provided that LICENSEE has submitted to CITY any required renewal
forms, proof of insurance and the full and proper fee for the renewal period, before the commencement of such new
term (i.e., before April 1), and provided that the CITY has not notified LICENSEE, by March I, of the CITY's
intention not to renew for the following license year.
4. Notwithstanding any other provisions herein, the License contained herein may he terminated by
LICENSEE, for any reason, upon at least 30 days' written notice to the CITY. In the event of such earlytetmination,
LICENSEE shall be entitled to a pro -rated refund of the use fee, for the unused portion of the term, provided that
LICENSEE is in compliance with the provisions of Paragraph 8, below. Such early termination shall not relieve
LICENSEE of its duty to restore and deliver up the licensed premises as described below.
5. Notwithstanding any other provisions herein, the License contained herein may be revoked ormodifiedby
CITY (a) upon such notice as is practical, in the event of an emergency that threatens property or thepublic safetycr
welfare, or (b) upon at least one month's notice that the Superintendent has determined that LICENSEE has failed to
comply with any substantive term herein, and that LICENSEE has not cured such breach within the noticeperiod, or
(c) upon at least three months' written notice to LICENSEE that the CITY's Superintendent of Public Works has
determined that the licensed premises is required for a public purpose. LICENSEE may appeal a non - emergency
revocation or modification to the CITY's Board of Public Works, but must do so in writing within 15 days of the
receipt of the revocation notice. In the event of such early termination (or modification that affects the amount of
land that is licensed), LICENSEE shall be entitled to a pro -rated refund of the use fee, for the unused portion of the
term (or in proportion to the reduced area), provided that LICENSEE is in compliance with the provisions of
Paragraph 8, below.
6. This Agreement /License shall not take effect until fully executed and until the application and use fees set
forth below have been received by the City.
Application Fee: An Application Fee in the amount of $200.00 (in the form ofa check payable to the Cityof
Ithaca) must accompany submission of the application for this license to the City Chamberlain's office. The purpose
of this fee is to cover the amount of City staff time typically associated with the processing of such applications.
This fee is due by March 1, 2013. Subsequent applications for the same use shall be assessed the applicable renewal
fee.
Six Month Use Fee: The Use Fee for the initial six months of this license (April 1, 2013 until September 31,
2013) is $396.00. A check in this amount, payable to the City of Ithaca, must be submitted to the City
Chamberlain's office by April 1, 2013. This Use Fee represents the estimated fair rental value of the City land in
question for the initial six months, and is based upon a report by Pomeroy Appraisal Associates (copy available in
the City Clerk's office). The City land in question was deemed to be in the " Light Industrial" category, and to consist
of approximately 1,960 square feet. The fair rental value of such land was deemed to be $0.40 per square foot; to
recover the cost of the appraisal process (over a 5 -year period), the CITY has added 10% to the fair rental value of all
licenses and permits for use of City land, making you total rate $0.44 per square foot.
In the event that this License is renewed, the Use Fee for subsequent terms may be adjusted by CITY (a) by
an amount up to the rate of any increase in the consumer price index since the previous year, or (b) to correspond
with information from an updated appraisal report (expected to occur every 5 years). If the CITY intends such
adjustment, LICENSEE shall be so notified by February I prior to the expiration of the current term.
Notwithstanding any other provisions herein, the CITY hereby reserves the right to correct the amount of the
Use Fee at any time, if the square footage of land occupied by LICENSEE is found to be different from the amount
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year first
above written.
KIWANIS CLUB OF ITHACA- CAYUGA CITY OF ITHACA
M
(signature)
(print name and title)
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss:
Svante L. Myrick, Mayor
On this dayof , 2012, before me, the undersigned, a Notary Public in and forsaid State, personally
appeared , personally known to moor proved to meon the basis of satisfactoryevidenue
to be the individual whose name is subscribed to the within instnunent and acknowledged to me that she/he executed the
same in her/his capacity, and that by bcdhis signature on the instrument, the individual, or person on behalf of which the
individual ailed, executed the instrument.
Notary Public
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) as:
On this day of , 2012, before me, the undersigned, a Notary Public in and for said
State, personally appeared SVANTE L. MYRICK, personally known to me, or proved to me on the basis of
satisfactory evidence, to be the individual who, being by me duly sworn, did depose and say that she resides at Ithaca,
New York, and that she is the Mayor of the City of Ithaca, the municipal corporation described in and which executed
the above instrument; and that she signed her name thereto upon authorization of the Board of Public Works of such
corporation.
Approved as to form and content:
City Attorney
Notary Public
Date
8.1B Recommendation for Lease Agreement of City Landon Linn Street for a TCAT
Bus Shelter — Resolution
WHEREAS, Tompkins Consolidated Area Transit, Inc. (TCAT), a not - for -profit corporation, has
installed and maintained, at its cost, a bus shelter located approximately ten feet south of the
Cascadilla Creek bridge, between the sidewalk and curb, on the east side of the 100 block of
Linn Street, in the City of Ithaca, and
WHEREAS, the site of the TCAT bus shelter is within the City's right of way for Linn Street,
and
WHEREAS, the installation and maintenance of the bus shelter provides a Gear and desirable
benefit to City residents, and
WHEREAS, the TCAT bus shelter is currently in use and the City wishes to finalize such
agreement regarding the use of said City land for the shelter, and
WHEREAS, Section 170 -11 of the City of Ithaca Municipal Code, which is entitled "Form and
Terms of Leases and Easements ", states that leases of City land shall be subject to approval
by Common Council, and
WHEREAS, the City's streets and corresponding rights of way are within the Board of Public
Works' scope and authority, and
WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public
works uses or needs, due to the existing use of City owned property at this location; and now,
therefore, be it
RESOLVED, That the Board of Public Works recommends that the Common Council authorize
and direct the Mayor, upon the advice and counsel of the City Attorney, to enter into a lease
agreement with Tompkins County for the lease of City owned land on Linn Street for its
continued use as a TCAT bus shelter; and
RESOLVED, That the Board of Public Works refers its recommendation to enter into such an
agreement with Tompkins County to the City Administration Committee for consideration and
decision by Common Council in accordance with Chapter 170 of the City of Ithaca Municipal
Code.
Page 5
F77 CITY OF ITHACA
108 East Green Street Ithaca, New York 14850 -5690
OFFICE OF THE CITY ATTORNEY
Aaron O. Lavine, City Attorney
Robert A. Sarachan, Assistant City Attorney
RpiE Patricia M. O'Rourke, Assistant City Attorney
Krin Flaherty, Assistant City Attorney
Jody Andrew, Executive Assistant
MEMORANDUM
To: Board of Public Works
From: Krin Flaherty
Date: October 15, 2012
Subject: TCAT Linn Street Bus Shelter Agreement
Telephone: 607/274 -6504
Fax: 607/274.6507
The Linn Street TCAT bus shelter has been in use for some time now; however, the City has not
executed a formal agreement for the use of its land in the Linn Street right of way. The attached
documents will assist in enabling the City to execute such an agreement. The terms of the
agreement would include: a ten year initial term, with seven five -year automatic renewals; the City
waives rent in exchange for the County's maintenance of the bus shelter; the County indemnifies
and holds the City harmless with regard to use of the shelter; and the City allow the County to
sublease the premises to TCAT or any comparable transit entity for the purpose of maintaining a
bus shelter.
Please note that this is a lease agreement, which allows the City to enter into a longer term for the
use of its land, and is not a license agreement, which are renewable every year. City Code Section
170 -11 specifies that lease agreements are subject to approval by Common Council. To that end,
the BPW resolution is drafted as a recommendation that Common Council approve the
agreement. If the Board elects to recommend that Common Council approve the agreement, City
Administration Committee will review for eventual consideration by Common Council.
Therefore, attached please find the following documents for the Board's consideration:
- a proposed resolution for BPW to recommend approval of the lease agreement;
- a proposed resolution for City Administration Committee and Common Council to
approve the lease agreement; and
- a proposed lease agreement between the City and Tompkins County for the use of the
City's right of way on Linn Street for a TCAT bus shelter.
Please do not hesitate to contact me if you have questions or require additional information.
"An Equal Opportunity Employer with a commitment to workforce diversification."
LEASE AGREEMENT
THIS LEASE, made this day of , 2012, 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 East Green Street, Ithaca, New York 14850,
hereinafter referred to as "Lessor;" and the County of Tompkins, also a municipal corporation,
duly organized and existing under and by virtue of the laws of the State of New York, with
offices at 320 North Tioga Street, Ithaca, New York 14850, hereinafter referred to as "Lessee,"
WITNESSETH THAT:
1. PREMISES TO BE LEASED; INITIAL TERM
Lessor hereby lets and leases unto Lessee, to have and to hold according to the terms of
this Agreement, the premises more particularly described below, together with the rights,
privileges, easements and appurtenances thereunto belonging or attaching, for the period
commencing upon the date of execution of this Agreement by both parties and continuing until
and through December 31, 2022, subject to the conditions set forth herein.
The leased premises shall consist of all that land located about ten feet south of the
Cascadilla Creek bridge, between the sidewalk and curb, on the east side of the 100 block of
Linn Street, in the City of Ithaca, New York, which is occupied by a rectangular bus shelter (9
feet, 10 %2 inches wide by 5 feet '/2 inch deep, more or less).
2. RENEWALS
Except as otherwise provided herein, the term of this Lease shall be automatically
renewed, for an additional five -year period commencing on January I, 2023, and thereafter for
up to seven (7) additional five -year periods, extending through 2062, unless either party shall, by
written notice provided to the other party at least 90 days prior to the expiration of the then -
current term, indicate its intention not to renew this Lease, for any reason.
3. RENT
Lessor agrees to waive any rental payment by Lessee, for the duration of this Lease,
including any renewal terms, in exchange for the provision of a bus shelter for said premises and
continued maintenance and repair of said shelter for the duration of the lease term, all at no cost
to Lessor.
4. ASSIGNMENT OR SUBLEASE
Upon written notice to Lessor, Lessee may assign this Lease or sublet the demised
premises, but only to an authority, corporation or other entity which operates bus /public transit
services, in which case all terms and conditions of this Agreement shall remain effective, and
shall apply to the Assignee, in the event of an assignment, or to Lessee and the Sublessee, in the
event of a sublease.
5. INDEMNIFICATION OF LESSOR
Lessee hereby indemnifies and holds Lessor harmless, at all times during the period
covered by this Lease, with regard to any claim, action, costs, penalties, loss, judgment or decree,
or damage or injury to person, life or property, arising out of the use by the public of the bus
shelter maintained upon the demised premises, or from the failure or omission of Lessee or its
agent, assignee or sublessee to comply with any of the provisions of this Agreement. Such
indemnification shall extend to the reasonable costs and attorneys' fees incurred by Lessor in its
defense against any such claim or action. Notwithstanding the foregoing, to the extent Lessor is
negligent or undertakes intentional wrongful acts, Lessee's indemnification shall not extend to
the proportion of the loss attributable to Lessor's negligence or intentional wrongful acts.
6. CONDITIONS
The parties hereby agree as follows:
2
(a) Use of Premises. Lessor affirms the public benefit provided to residents of the City
of Ithaca by the siting and maintenance of a public bus shelter upon the demised premises.
Lessee covenants and agrees that it will, during the period of this lease, reasonably use the
demised premises for the benefit of the public. Specifically, the demised premises shall be used
exclusively for the siting and maintaining, in good repair, of a roofed shelter intended for patrons
of a bus/public transit system (hereinafter "bus shelter"). The failure of Lessee to maintain such
a bus shelter, for use of the general public, upon the demised premises, for a continuous period in
excess of twelve (12) months (unless such failure is caused by the activities of Lessor or another
agency of government), may, in the sole discretion of Lessor, render this Lease null and void.
(b) Obligation to Maintain Shelter in Good Repair and in Compliance with All
Aooficable Laws, Rules and Reputations. Lessee, at no cost to Lessor, shall maintain the bus
shelter at the demised premises in good repair, such that it is clean, safe for its intended use by
the public and presents an attractive appearance, and in conformity with the requirements of all
municipal, county, state and federal laws, rules and regulations. Upon written notice by Lessor
of a reasonable need for repair or maintenance of said shelter or to bring it into compliance with
such laws, rules or regulations, Lessee shall carry out such repair or maintenance or necessary
modifications (or cause the same to be carried out) as soon as possible if such need is deemed by
Lessor to be of an emergency nature, due to a hazardous or unlawful condition, and in non -
emergency situations, within thirty (30) days of such notice or such longer period as may be
necessitated by public procurement requirements or availability of supplies.
(c) Improvements. Any substantial physical changes or additions to the bus shelter,
following its initial installation or which depart from the design originally presented to Lessor,
shall require the consent of Lessor, which consent shall not be unreasonably withheld.
3
(d) Insurance. Lessee, at its sole cost, shall maintain or cause to be maintained, for and
upon the demised premises at all times during the term of this Lease, liability insurance coverage
naming Lessor as an additional insured. For the initial term of this lease, the minimum amount
of such coverage shall be $1,000,000.00. Lessor reserves the right to adjust said minimum
coverage amount for any renewal term, by an amount reasonably calculated to provide the same
degree of protection to Lessor, in light of adjustments in present value, cost of living, or other
such factors. The amount of any required, additional coverage shall be communicated in writing
to Lessee at least six (6) months prior to commencement of the renewal term in question. Lessee
shall provide written proof of the required insurance coverage to Lessee, at least annually by the
end of the calendar year. Lessee shall provide immediate, written notice to Lessor of any
cancellation or suspension of Lessee's insurance coverage, or of any reduction in coverage below
the level required by this Agreement.
(e) Lessor's Reserved Rights. Lessor retains the right to suspend or interfere with use
of the bus shelter or to require its temporary relocation, in order to maintain, repair, modify or
replace the public sidewalk, streets or utility lines or service in the vicinity of said shelter.
Lessor shall provide Lessee with as much advance notice as possible of the need to suspend the
shelter's use or require its temporary relocation, and in the case of a non - emergency situation,
Lessor further shall provide at least forty -five (45) days' advance notice. In the event that such
work damages said shelter and /or necessitates costs associated with its relocation, Lessor shall be
solely responsible for such costs or, at Lessor's option in the case of shelter damage, for
restoration of said shelter to its condition prior to such damage.
(f) Subject to Any Rights of State, Etc. The rights accorded Lessee by this Agreement
are subject to any rights of the State of New York in or to or regarding the demised premises and
to any utility easements of record.
4
7. NOTICES
Any notice which may be required under the terms of this Agreement shall be given in
writing, personally or by first class mail, postage prepaid, to the listed persons at the following
addresses, or at such other addresses as each party may hereafter designate in writing to the other
ply:
For LESSOR: Mayor
108 East Green Street
Ithaca, New York 14850
and
For LESSEE:
and
Attorney for the City
108 East Green Street
Ithaca, New York 14850
Attorney for the County
320 N. Tioga Street
Ithaca, New York 14850
General Manager
Tompkins Consolidated Area Transit, Inc.
737 Willow Avenue
Ithaca, New York 14850
8. WAIVERS OF LIEN
Lessee further covenants and agrees that Lessee shall 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 premises, 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, rewnstruction,
alteration or addition to any structure 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
E
and all liens upon Lessee's interest in the demised land and any structures or improvements
situated thereon shall be subject to the prior rights of Lessor under the terms and provisions of
this 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 mechanics', material- men's, or
contractors' liens to arise against Lessor's interest in the demised land or the structures 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 of or anything done by Lessee or its agents, Assignee or
Sublessee.
9. SURRENDER
Upon the termination of this lease by forfeit or breach of any substantive tern or
condition herein by Lessee, or upon its expiration or earlier termination. Lessee covenants and
agrees that Lessee shall at once remove said buildings and improvements and restore the
premises to their original condition prior to the execution of this Agreement (i.e., a level, grassy
lawn).
10. 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, 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
6
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.
Notwithstanding anything hereinbefore contained to the contrary, if Lessee shall have
commenced or completed the erection of a structure or structures or other improvements upon
the demised premises, and such condemnation takes place after the commencement or
completion of said new structure(s) or improvements, then Lessor agrees to pay Lessee out ofthe
condemnation award or payment when paid, a sum equal to the amount awarded or paid in
condemnation as the value of such structure(s) or improvements. If, in the condemnation
proceeding, the value of the land and of the structure(s) and other improvements are not
separately determined, then the value of any structure or other improvements shall be determined
by mutual agreement of the parties or by arbitration.
Lessor agrees to give Lessee notice of any condemnation proceedings immediately upon
knowledge of such proceedings.
11. UTILITIES
Lessee shall be responsible to construct and interconnect and maintain any necessary
utility lines, connections and/or service for the bus shelter maintained upon the demised
premises, at Lessee's sole cost. Lessor shall cooperate in the connection of any such utility lines
that cross or affect Lessor's property.
12. NON - DISCRIMINATION
It is mutually understood and agreed that Lessee or any Assignee or Sublessee of Lessee,
in the employment of its agents, contractors and /or employees, shall not discriminate against any
7
person by reason of his or her race, color, creed, sex, age disability, marital status, affectional
preference or national origin; and any construction contract entered into by Lessee or its
Assignee or Sublessee shall contain such a non - discrimination clause.
13. TERMINATION.
If Lessee determines that provision of the bus shelter at the demised premises no longer
best serves the needs of the City residents and the operators of the bus /public transit system, then
Lessee shall have the option to terminate this Lease upon ninety (90) days' advance notice to the
Lessor.
l4. SEVERABILITY.
In the event that any term, condition, clause or provision of this agreement shall be
deemed null and void, the retraining 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.
8
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 on the
dates so indicated.
CITY OF ITHACA
Svante L. Myrick, Mayor Date
COUNTY OF TOMPKINS
B2
STATE OF NEW YORK )
)SS:
COUNTY OF TOMPKINS )
On this day of , 2012, before me personally came SVANTE L.
MYRICK, to me personally known, who being by me duly sworn, did depose and say that he
resides in the City of Ithaca, New York, that he is the Mayor of the City of Ithaca, the municipal
corporation first described in and which executed the above instrument; and that he signed his
name thereto by direction of the members of the Common Council of the City of Ithaca.
Notary
STATE OF NEW YORK )
)SS:
COUNTY OF TOMPKINS )
On this day of 2012, before me personally came
, to me personally known, who being by me duly sworn, did depose and
say that he/she resides , New York, and that he/she is the
of the County of Tompkins, the municipal corporation next described in and
which executed the above instrument; and that he/she signed his/her name thereto by direction of
the County Legislature of such corporation.
Notary Public
City Administration Committee
Proposed Resolution
AUTHORIZATION TO ENTER INTO A LEASE AGREEMENT WITH TOMPKINS
COUNTY FOR USE OF CITY LAND LOCATED ON LINN STREET FOR A TCAT BUS
SHELTER
WHEREAS, Tompkins Consolidated Area Transit, Inc. (TCAT), a not -for -profit corporation, has
installed and maintained, at its cost, a bus shelter located approximately ten feet south of the
Cascadilla Creek bridge, between the sidewalk and curb, on the east side of the 100 block of
Linn Street, in the City of Ithaca, and
WHEREAS, the site of the TCAT bus shelter is within the City's right of way for Linn Street,
and
WHEREAS, the installation and maintenance of the bus shelter provides a clear and desirable
benefit to City residents, and
WHEREAS, the TCAT bus shelter is currently in use and the City wishes to finalize such
agreement with the County regarding the use of said City land for the shelter, and
WHEREAS, Section 170 -11 of the City of Ithaca Municipal Code, which is entitled "Form and
Terms of Leases and Easements ", states that leases of City land shall be subject to approval by
Common Council, and
WHEREAS, the City's streets and corresponding rights of way are within the Board of Public
Works' scope and authority, and
WHEREAS, the Superintendent of Public Works does not anticipate any conflicts in the near
future with public works uses or needs, due to the existing use of City owned property at this
location, and
WHEREAS, the Board of Public Work has recommended Common Council's approval of such a
lease agreement; and now, therefore, be it
RESOLVED, that the Common Council hereby authorize and direct the Mayor, upon the advice
and counsel of the City Attorney, to enter into a lease agreement with Tompkins County, without
consideration, for the County's use of the aforementioned City land to accommodate said shelter,
which lease shall include standard terms and provisions, as applicable, and which shall (1)
indemnify and hold the City harmless with regard to use of the shelter, (2) allow the County to
sublease the premises to TCAT or any comparable transit entity for the purpose of maintaining a
bus shelter thereon, and (3) have an original term of ten years, with provision for automatic
renewal upon the same terms for up to eight five -year periods thereafter, unless either party
notifies the other, in advance, of its intention not to renew.
8.5A Recommendation to Create Additional Water Treatment Plant Operator Title for
the Water Treatment Plant — Resolution:
WHEREAS, the City of Ithaca Department of Public Works Water & Sewer Division, Water
Treatment Plant will have one operator, John Coggin, taking advantage of the City Retirement
Incentive in December of 2012, and
WHEREAS, this operator is the overnight shift operator and the need to create, fund, fill and
train a replacement as close as possible prior to the retirement is an immediate need, and
WHEREAS, using the recently filled float shift operator position to fill this vacancy is only a
short term fix and leaves the plant short staffed again for operational coverage, maintenance
capabilities and will result in an increase in overtime. The Water Plant is a 24/7 operation and
having adequate staffing to cover for operations and maintenance is an essential need to
assure proper production of water that will continue to meet state and federal requirements,
and
WHEREAS, funding for this new position is from within the existing 2012 budget, due to title
and duty changes in 2012; the position was reviewed and approved through Vacancy Review
on September 10, 2012, and Civil Service Commission on September 12, 2012. As part of the
approval, this new title will be funded for 2012 and will remain on the roster unfunded for 2013
for an anticipated requirement for extra coverage and to reduce overtime, now therefore be it
RESOLVED, That the Board of Public Works recommends that the City Administration
Committee approve this title and its requirements, and Common Council create the Water
Treatment Plant Operator title/position with the corresponding funding at the City of Ithaca
Water Treatment Plant.
Page 6
CITY OF ITHACA
WATER TREATMENT PLANT
202 Water St.
Ithaca, NY 14850
607 - 273 -4680
Fax: 607 - 216 -0460
M E M 0
TO: Val Saul, Deputy HR Dir.
FROM: Charles Baker, Chief Operator
RE: Additional Operator Position
DATE: August 16, 2012
This memo is written to address all the involved committees (Civil Service, Vacancy
Review, City Admin., BPW and CC) about adding the extra operator position to the water plant
roster. The necessary farms will accompany this letter for each committee.
I am requesting to add another operator position to our roster. One of our current
operators, John Coggin, is going to take the city retirement incentive in 2012. John is our
overnight (11 pm to 7 am) operator. I would like to provisionally hire, if no test is available in a
timely manner, another operator to train prior to Jahn leaving service.
The new hire will be funded from within the approved 2012 budget. In the budget
there was money for an operator /trainee at $39,019. There was also money for a Distribution
system Maintenance Mechanic at $45,552. The person in the Maintenance Mechanic position
is now in the operator slot. This occurred as of June 25, 2012. The Maintenance Mechanic and
the operator salaries each have % of a year unspent. So $45,552/2 = $22,776. And $39,019/2 =
$19,510.
A new operator (the extra requested) would be on the payroll by October 1"
(wishful thinking) thru December. This would be $39,019/12 = $3,252/mo. X 3 mo. = $9,756.
The money can be covered from either payroll line from within the WTP budget. In the short
term the cost of one operator is eliminated.
After John retires, I would like to pursue the idea of keeping the vacated operator
position on the roster, but for the short term leave it "unfunded ". In the future I would like to
entertain the idea of having two floaters so we can cover 7 days. The use of the one floater for
longer term coverage, as when John retires, is not a cost effective measure. If keeping the
vacated position on the roster is not acceptable, then eliminate the vacated position. A request
for the extra floater title /position can be made at a later date.
Please review this request, ask questions, and consider the approval for the extra
operator and options for the vacated position.