HomeMy WebLinkAbout08-28-13 City Administration Committee Meeting AgendaCA Meeting
City Administration Committee
DATE: August 28, 2013
TIME: 6:00 pm
LOCATION: 3rd Floor,
City Hall, Council Chambers
AGENDA ITEMS
Item Voting
Item?
Presenter(s) Time
Allotted
Chair, Chris Proulx
1. Call To Order * Note: We will review the number of 30 Min*
1.1 Agenda Review No cards received at the beginning of each
1.2 Review and Approval of Minutes Yes meeting and adjust time if needed.
1.3 Statements From the Public No
1.4 Statements From Employees No
1.5 Council Response No
(6:30 pm)
2. Standing Sub-Committee and Staff Reports
3. City Administration, Human Resources, and Policy
3.1 Youth Bureau – Request to Amend 2013 Roster Yes Liz Vance, Acting Director of YB 5 Min
3.2 Attorney’s Office – Community Gardens No Ari Lavine, City Attorney 30 Min
Discussion
3.3 Attorney’s Office – Local Law “City of Ithaca No Ari Lavine, City Attorney 20 Min
Local Law Concerning Sidewalk Improvement
Districts”
3.4 Attorney’s Office – Ordinance to Amend No Ari Lavine, City Attorney 10 Min
Section 342-18 of the City Code
(7:35 p.m.)
4. Finance, Budget, and Appropriations
4.1 Clerk’s Office - Amendment to CP #783
– E-mail System Replacement Project Yes Julie Holcomb, City Clerk 15 Min
4.2 DPW – Lake Street Bridge Rehabilitation Yes Tom West, Director of Engineering 15 Min
Project
4.3 DPW - Request for Funding for Historic Yes Tom West, Director of Engineering 10 Min
Gravestone Conservation Workshop at Ithaca
City Cemetery
4.4 GIAC – Request to Amend Budget for Grant Yes Steve Thayer, City Controller 5 Min
(8:20 pm)
5. 2014 Budget Process/Updates 10 Min
6. Committee Discussion Items 5 Min
7. Meeting Wrap-up
7.1 Announcements No All 5 Min
7.2 Review Agenda Items for Next Meeting No
7.3 Adjourn Yes
(8:40 pm)
Committee Charge: The CA committee will:
(1) Review financial and administrative issues pertaining to the City, along with items relating to the City of Ithaca workforce environment, intergovernmental
relations and human resource
If you have a disability that will require special arrangements to be made in order for you to fully participate in the
meeting, please contact the City Controller’s Office at 607-274-6576 at least 48 hours before the meeting.
3.City Administration, Human Resources, and Policy
.1 Youth Bureau – Request to Amend 2013 Roster
WHEREAS, the Ithaca Youth Bureau has proposed to add a fulltime (35 hours) Recreation
Program Specialist to the roster, eliminate funding for an existing Recreation Coordinator
position and leave the position vacant,
WHEREAS, the Youth Bureau has worked closely with the Human Resources Department to
develop this proposal and anticipates formal adoption for the position by the Civil Services
Commission in September; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2013 roster as follows:
Delete: One (1) Recreation Coordinator Position (35 hour)
Add: One (1) Recreation Program Specialist (35 hour)
and be it further
RESOLVED, That said roster amendment will be made within existing funds of the 2013
authorized Youth Bureau Budget, and be it further
RESOLVED, That this roster amendment is contingent on approval by the Civil Service
Commission.
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Ithaca Youth Bureau
1 James L. Gibbs Drive
Ithaca, New York 14850
Phone: (607) 273-8364
Fax: (607) 273-2817
“Building a foundation for a lifetime.”
To: City Administration Committee
From: Liz Vance, Acting Director
Re: 2013 Roster amendment
Date: 8/14/13
The Youth Bureau is requesting to add a full time (35 hours) Recreation Program
Specialist position to the roster. The recently vacated Recreation Coordinator position
will remain vacant and no additional funding will be required.
We have worked closely with the Human Resources Department closely to develop this
position. We anticipate a formal adoption by the Civil Service Commission after their
review in September.
.2 Proposed Resolution – Attorney’s Office – Community Garden Agreement
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, and
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, and
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, and
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., and
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., and
WHEREAS, Building Links, Inc., has approached the City requesting that the lease with Project
Growing Hope, Inc., not be extended beyond the December 31, 2013 expiration date, and
WHEREAS, Project Growing Hope, Inc. has approached the City requesting renewal of the
lease, and
WHEREAS, it is generally agreed that community gardening is a valuable public benefit for City
residents, and
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, and
WHEREAS, the Common Council resolved that the City’s new agreement with Project Growing
Hope Inc. would include the following 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;
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•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,
and
WHEREAS, the attached leasing agreement includes said terms in its section entitled
“ARTICLE THREE: EARLY TERMINATION,” and
WHEREAS, it is generally agreed upon that the Carpenter Business Park is an appropriate
location for economic development, and
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
is not in possession of an executed lease by December 31, 2013; now, therefore be it
RESOLVED, That the Common Council approves of the attached lease agreement granting
Project Growing Hope, Inc. continued use of a portion of Carpenter Business Park as a
community garden, and be it further
RESOLVED, That the Common Council authorizes and directs the Mayor to execute the
attached lease agreement with Project Growing Hope, Inc. for the Carpenter Business Park
community garden.
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M E M O R A N D U M
To: City Administration Committee
From: Krin Flaherty, Assistant City Attorney
Date: August 13, 2013
Subject: Community Gardens Project Growing Hope Lease Options
________________________________________________________________________
Based on the direction provided at the July City Administration Committee meeting, this
Office recently met with the Committee chair, members of Council, and City staff to discuss
alternative approaches to the City’s lease with Project Growing Hope. Based on the input
received in this meeting, the following provisions have been re-drafted for the Committee’s
consideration. Should the Committee desire that some or all of the below clauses be
incorporated into the previously-provided draft lease for Council consideration, this Office
awaits the Committee’s input to that effect.
I. More latitude for early termination, structured more similarly to the Farmer’s
Market lease. This revision removes the early termination clauses detailed in the
September 2012 resolution. The lease could be terminated in the first five years if a
substitute garden location is identified. Thereafter, the lease could be terminated by
Common Council resolution. This redrafting gives Common Council more flexibility in
early termination and removes the September 2012 resolution requirements for site plan
approval and easement. This redrafting also incorporates a one-year notice period to
Project Growing Hope in case of a discretionary early termination. The new early
termination paragraph also incorporates consideration of the growing season. Namely, in
the event that the lease would effectively end in the midst of the growing season, the lease
would actually terminate on November 1st.
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
OFFICE OF THE CITY ATTORNEY
Aaron O. Lavine, City Attorney Telephone: 607/274-6504
Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507
Krin Flaherty, Assistant City Attorney
Jared Pittman, Assistant City Attorney
Jody Andrew, Executive Assistant
"An Equal Opportunity Employer with a commitment to workforce diversification."
CA Item 3.2
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 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 one year’s
written notice, as follows:
"An Equal Opportunity Employer with a commitment to workforce diversification."
CA Item 3.2
1.During the initial five years of the lease term, by resolution of the City
Common Council resolving to terminate and identifying, in Common Council’s
sole discretion, land available to the lessee for use as a substitute garden location,
the sufficiency of which shall be determined by resolution and at the sole
discretion of the Common Council.
2.After the initial five years of the lease term, by resolution of the Common
Council resoliving to terminate for any reason or no reason at all; and
3.Notwithstanding the provision for one year’s notice in this subsection (c),
if the effective date of termination of the lease falls between May 1st and
September 30th of any given year, the lease shall terminate on November 1st of
the year following LESSOR's notice of termination.
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.
Early Termination By LESSEE:
LESSEE may terminate this Lease Agreement at any time by giving 30 days written
notice to LESSOR.
"An Equal Opportunity Employer with a commitment to workforce diversification."
CA Item 3.2
II.Rental Value of Property: As requested by some members of the Council, this
memorandum identifies a market rate for rental of the parcel in question, should Council
choose to require payment of the market rate in this lease. The City uses the 2011
Pomeroy Appraisal Fair Market Rent Study to establish rents for use of City-owned
property. The City Chamberlain calculates an annual fee for the land subject to this
proposed lease at the applicable Pomeroy rate for Light Industrial ($0.45/square foot) to
amount to $41,556.25. This rate does not take into consideration the value of providing a
public community garden program as set forth in the original lease terms (underlined and
italicized below).
ARTICLE FOUR: RENT
For and in consideration of leasing the aforesaid, LESSEE hereby covenants and agrees to
pay to LESSOR, as and for rent for the leased premises, the sum of Forty-One Thousand, Five
Hundred Fifty-Six Dollars and Twenty-Five Cents ($41,556.25) 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.
III.Insurance required – We were asked to reevaluate the insurance levels required
for this lease. In consultation with the City Controller, the City is able to
recommend the elimination of the requirement of $5,000,000 in umbrella
coverage. Therefore, the relevant paragraph of ARTICLE EIGHT: INSURANCE
would read:
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.
"An Equal Opportunity Employer with a commitment to workforce diversification."
CA Item 3.2
The following pages, concerning the
Community Gardens were distributed at the City
Administration meeting held on July 24th.
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M E M O R A N D U M
To: City Administration Committee
From: Ari Lavine, City Attorney
Date: July 10, 2013
Subject: Project Growing Hope Lease Renewal Pursuant to Council Resolution of Sep. 2012
_________________________________________________________________
On September 19, 2012, the Common Council directed the Mayor and City Attorney to
negotiate a renewed lease with Project Growing Hope, Inc. (PGH) for their continued use of the
parcel of land on which the Community Gardens now operates. In the resolution, Council
explicitly set out terms for the lease’s early termination in the event that a purchaser sought this
land for qualifying development in conjunction with the remainder of Carpenter Business Park.
The resolution did not specify further leasing details.
Since that time, Building Links, Inc. has provided the City with written notice of its intent
to exercise its option to purchase this land, along with the specified $5,000 payment
theretowards. However, as Building Links is aware, their attempt to exercise this option will fail
should the City execute prior to December 31, 2013 a lease for 2014 onward with PGH.
The City Attorney’s Office, with Mayoral guidance, has worked to negotiate the many
remaining details of this lease across extended correspondence and meetings with PGH. In the
process, this Office has sought to effectuate Council’s goals as expressed in the 2012 resolution,
address concerns expressed by PGH, model the renewed lease around the now-expiring lease,
and of course ultimately achieve a proposed lease intended to represent the City’s best interest.
Should the City Administration Committee differ in the judgment calls necessary to
execution of this lease, it can of course alter the proposed lease’s terms. This memorandum
identifies significant terms of the contract that were not specified in Council’s 2012 resolution,
and that Council may wish to adjust via the pending resolution.
As currently drafted, and at the request of PGH, the proposed lease lasts for 20 years at a
rent of $1 per year. (The City is of course legally permitted to charge more in rent, but not
legally compelled to do so because community gardening is recognized as a valid municipal
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-6590
OFFICE OF THE CITY ATTORNEY
Aaron O. Lavine, City Attorney Telephone: 607/274-6504
Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507
Krin Flaherty, Assistant City Attorney
Jared Pittman, Assistant City Attorney
Jody Andrew, Executive Assistant
"An Equal Opportunity Employer with a commitment to workforce diversification."
CA Item 3.2
purpose in state law). The proposed lease does not address renewal 20 years hence, meaning that
PGH and the City would be free to discuss any further renewals of the lease at that time. The
proposed lease also does not provide PGH with a requested right of first refusal on any future
sale of this property because such a right would effectively conflict with the lease termination
provisions—and apparent policy choices underpinning the same—prescribed in Council’s 2012
resolution, which specified conditions under which the parcel would be sold to a third party; not
to PGH.
The proposed lease provides 90 days’ notice in the event of lease termination under
Council’s previously-specified conditions; because one of those conditions is an approved Site
Plan Review for a large project throughout Carpenter Business Park, the actual notice would
effectively be far longer than 90 days. The proposed lease includes insurance requirements in
concert with those required by the City for a broad variety of uses of City property. The proposed
lease also provides that the Mayor—at the time of a proposed development—shall negotiate and
execute an agreement for the developer contribution to garden relocation, as instructed by
Council’s 2012 resolution on the subject. PGH is responsible for the upkeep and maintenance of
the land and any buildings on it during the term of the lease.
Included in this agenda packet, you will find the following materials to assist in your
consideration of this issue:
•A proposed resolution authorizing execution of the proposed lease
•The proposed lease
•Recent correspondence expressing Building Links’ intent to exercise its option
•The 2002 Option Agreement, and a 2002 memorandum on that topic
•Common Council’s 2012 resolution on this matter
Should you have any further questions, the City Attorney’s Office is glad to assist.
"An Equal Opportunity Employer with a commitment to workforce diversification."
CA Item 3.2
LEASE AGREEMENT FOR ITHACA COMMUNITY GARDENS
THIS LEASE AGREEMENT, made this ____ day of _______ of 2013, by and between
the CITY OF ITHACA, a municipal corporation, duly organized and existing under and by
virtue of the laws of the State of New York, with offices at 108 E. Green Street, Ithaca, NY
14850, hereinafter referred to as "LESSOR," and PROJECT GROWING HOPE, INC., a not-for-
profit corporation, duly organized and existing under and by virtue of the laws of the State of
New York, with an address at Post Office Box 606, Ithaca, NY 14851, hereinafter referred to as
“LESSEE;”
WITNESSETH THAT the parties hereto agree as follows:
ARTICLE ONE: LEASED PREMISES
LESSOR shall lease to LESSEE the premises more particularly described in Schedule
“A,” hereinafter referred to as the “Leased Premises”, attached hereto and incorporated herein by
reference, together with all the rights, privileges, easements and appurtenances thereunto
belonging or attaching, subject to the provisions, conditions and covenants contained in this
Lease Agreement.
ARTICLE TWO: TERM OF LEASE
LESSOR hereby leases to LESSEE the premises described in Schedule A attached hereto for a
term commencing on January 1, 2014, and ending on December 31, 2033.
ARTICLE THREE: EARLY TERMINATION
Early Termination By LESSOR:
Notwithstanding any other provisions herein, LESSEE’s right to occupy the subject
premises may be terminated by LESSOR, prior to the end of the demised term of this Lease
Agreement, on ninety (90) days notice in writing to LESSEE, served as provided for in Article
10 hereof, under any one of the following conditions:
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CA Item 3.2
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); 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; or
c)If pursuant to the LESSOR’s 2002 agreement with Building Links, Inc. (attached as
Schedule B), the option as described in paragraph 3 of such agreement is exercised as described
in paragraph 6 of such agreement by Building Links, Inc. or its successor or assign (hereinafter,
“Optionee”) and all conditions specified in paragraph (d) immediately below are met; or
d)If, in the sole judgment of the Mayor of the City, all of the following conditions are met:
1)The Planning and Development Board of the City of Ithaca approves a final
site plan for the lands substantially comprising the Carpenter Business Park, of which the Leased
Premises is a part.
2)The prospective developer of the property must have entered into a signed
agreement to provide the City of Ithaca with an easement for a future public roadway that would
connect Cascadilla Street to Third Street, through the project site.
3)LESSOR must have a legally-binding commitment from the prospective
developer to pay LESSOR a sum of money satisfactory to LESSOR in LESSOR’s sole discretion
prior to the termination of this lease, which sum shall be used by the City for relocation,
construction, and establishment of a management framework for a substitute garden in such
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CA Item 3.2
proportions and such manner as determined at the sole discretion of the City.
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 ninety (90) day 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.
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 One Dollar ($1.00) 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
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CA Item 3.2
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
4
CA Item 3.2
FIVE hereof. Any such improvements shall be subject to City of Ithaca site plan review, if
applicable.
ARTICLE SEVEN: WATER, SEWERAGE, AND PARKING.
LESSEE shall be responsible for construction and maintenance of any water or sewer
lines between the existing City systems and the leased premises, for use by LESSEE, in
accordance with LESSOR's engineering specifications. In particular, LESSEE shall be
responsible for the installation, maintenance and testing of the backflow protection device; the
winterization of all such water and sewer lines and appurtenances; and for the scheduling of
seasonal turn on and shut off of water. LESSEE shall be responsible for payment for all utilities
used on the leased premises. LESSOR shall have no responsibility for developing additional
parking areas for use by LESSEE.
ARTICLE EIGHT: INSURANCE.
LESSEE shall keep the improvements insured against liability and fire or other hazards
and shall save LESSOR harmless and indemnified at all times against any loss, damage,
penalties, costs and expenses, judgments and decrees, by reason of a failure so to do in any
respect or by reason of any violation of any of the law, rules or regulations above referred to, or
by reason of any accident, loss, wrong, injury, or damage to person, life or property in or about
said demised premises, including but not limited to for any negligence of LESSEE in the making
of any improvements to the premises, or by reason of any use which may be made of the
demised premises or the buildings and improvements thereon, or by reason of any act or thing
done or omitted to be done or by reason of anything happening in connection with or upon the
demised premises or in any building situated thereon or improvement connected therewith, or by
reason of the failure of LESSEE in any respect fully to carry out and perform any of the
covenants, agreements, provisions or undertakings in this lease on its part to be performed.
Proof of insurance and the inclusion of LESSOR as an additional insured in all such policies of
insurance shall be provided in writing to LESSOR.
LESSEE shall maintain liability insurance coverage upon the lease premises, in the
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CA Item 3.2
initial, minimum amount of $1,000,000 per occurrence, $2,000,000 in the aggregate and
$5,000,000 as umbrella coverage, 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,
6
CA Item 3.2
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
7
CA Item 3.2
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,
8
CA Item 3.2
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 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
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CA Item 3.2
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
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CA Item 3.2
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.
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CA Item 3.2
IN WITNESS WHEREOF, the parties hereto have placed their hands and seals as of the
date(s) set forth below.
CITY OF ITHACA
Date: _____________________________ By: ______________________________
Svante Myrick, Mayor
PROJECT GROWING HOPE, Inc.
Date: __________________________ By: ______________________________
STATE OF NEW YORK )
COUNTY OF TOMPKINS )ss.:
On this day of _________, 2013, before me, the undersigned, a Notary Public in
and for said State, personally appeared SVANTE L. MYRICK, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his capacity, and
that by his signature on the instrument, the individual, or the person of which the individual
acted, executed the instrument.
Notary Public
STATE OF NEW YORK )
COUNTY OF TOMPKINS )ss.:
On this day of ____________, 2013, before me, the undersigned, a Notary Public
in and for said State, personally appeared ______________, personally known to me or proved
to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to me that she executed the same in her capacity, and that
by her signature on the instrument, the individual, or the person of which the individual acted,
executed the instrument.
Notary Public
SCHEDULE A
The premises leased to Project Growing Hope, Inc., by the City of Ithaca, pursuant to a
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CA Item 3.2
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 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 474.10 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 on a curve to the left, an arc distance of 65.8 feet,
with a chord running South 15 degrees 39 minutes 21.6 seconds West for a chord distance of
65.6 feet, along the westerly line of a roadway known as Carpenter Circle; running thence South
7 degrees 27 minutes 17 seconds West a distance of 85.8 feet along said line; running thence on
a curve to the right, an arc distance of 97.9 feet, with a chord running South 27 degrees 29
minutes 4.7 seconds West for a chord distance of 95.9 feet, along said line; running thence South
47 degrees 30 minutes 52.4 seconds West a distance of 203.2 feet to a point marked by a pin set
in said line; running thence North 44 degrees 38 minutes West a distance of 113.7 feet to the
point or place of beginning.
PARCEL B: Commencing at a point at the corner of a chain link fence dividing “Parcel
B” from New York State Route 13, which point is located South 33 degrees 47 minutes 32
second West a distance of 247 feet, along a chain link fence, from the intersection of New York
State Route 13 with a southeasterly boundary of land reputedly of Benjamin; running thence
South 45 degrees 22 minutes West a distance of 228.3 feet to a point marked by an iron pin;
running thence North 56 degrees 11 minutes 5 seconds West a distance of 196.9 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 201.0 feet
to a point; running thence on a curve to the left, an arc distance of 139.8 feet along said line,
with a chord running North 15 degrees 54 minutes 37 seconds East for a chord distance of 137
feet, to a point marked with an iron pin; running thence South 30 degrees 54 minutes 28 seconds
East a distance of 264.8 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
13
CA Item 3.2
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.
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1.2 Future use of City-owned Land at the Former Carpenter Business Park –
Resolution
By Alderperson Dotson: Seconded by Alderperson Murtagh
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, and
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, and
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; and
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.; and
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.; and
WHEREAS, Building Links, Inc., has approached the City requesting that the lease with
Project Growing Hope, Inc., not be extended beyond the December 31, 2013 expiration
date; and
WHEREAS, Project Growing Hope, Inc. has approached the City requesting renewal of
the lease, and
WHEREAS, it is generally agreed that community gardening is a valuable public benefit
for City residents; and
WHEREAS, the City has not yet begun an analysis of the physical, legal, and financial
feasibility of other community gardening sites within the City limits; and
WHEREAS, relocation and construction of community gardens would be most
appropriately located on land that is publicly owned and not intended for future
development, and
WHEREAS, it is generally agreed upon that the Carpenter Business Park is an
appropriate location for economic development; now therefore be it
RESOLVED, That the Common Council directs the Mayor and City Attorney to enter
into lease negotiations with Project Growing Hope, Inc. in order to renew the lease, for a
CA Item 3.2
mutually agreed-upon term for the current site at the Carpenter Business Park; and be it
further
RESOLVED, That the lease terms commit the City to early termination if and when all
the following conditions are met:
•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;
•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; and be it further
RESOLVED, That the City provide, upon request, an owner’s authorization letter to any
developer interested in applying for site plan approval for all of the Community Garden
site as part of a proposal to develop the lands of the Carpenter Business Park ; and be
it further
RESOLVED, That a final lease agreement is subject to Common Council approval; said
approval to be sought by the Mayor and City Attorney not earlier than July 1, 2013.
Ayes (9) Dotson, Clairborne, Murtagh, McCollister, Fleming, Smith, Kerslick, Proulx,
Mohlenhoff
Nays (1) Brock
Carried (9-1)
CA Item 3.2
TO: Chris Proulx, Chair, City Administration Committee
FROM: Sheryl Swink, on behalf of the Board of Directors, Project Growing Hope, Inc. (PGH)
DATE: July 12, 2013
RE: Negotiations for New City/Project Growing Hope Lease for Ithaca Community Gardens
As you know, the current, 20-year lease between the City of Ithaca and Project Growing Hope (PGH) for the
site known as the Ithaca Community Gardens, expires at the end of 2013. This is a summarized update, for the
City Administration Committee, from the perspective of PGH, on the negotiations for a new lease, which the
Common Council directed to happen in a resolution it passed in September 2012. For the reasons explained
below, PGH believes that more discussion is urgently needed on this lease.
1.The Negotiation Process, to date.
- PGH had asked to start early lease discussion and negotiations in the Spring of 2012; that didn’t
happen and instead the topic was pre-empted by Building Links and Aeon’s insistence that the
Gardens lease (of 2.25 acres) was preventing development of the adjacent, privately-owned land
(at least 8 acres, purchased from the City in 2002).
- The Council resolution of September 2012 indicated that the Council would not consider a proposed,
new lease prior to July 2013.
- PGH found two attorneys (Jake McNamara and Dan Hoffman) who offered pro bono
representation. An informal, preliminary meeting, in late March, was arranged between
the PGH negotiating team and Mayor Myrick and an Assistant City Attorney. The City
Attorney then asked PGH to prepare a proposed, new lease, which was submitted to the City
in advance of the first actual negotiating session, which occurred on May 22, 2013.
- At the meeting on May 22nd, negotiators from the City (the City Attorney and an Assistant Attorney)
and from PGH agreed on most terms of a proposed new lease, but there was not agreement on
several key issues. Following this meeting, on June 18th, the City Attorney sent to PGH the
lease draft he said he intended to present to the City Administration Committee, including his
language for the terms that were not agreed upon.
- No further negotiation sessions have been scheduled.
- PGH believes that given the serious implications of the lease terms, further, direct discussion and
negotiation are needed.
2.The September 2012 Common Council Resolution on a New Lease for the Gardens.
- The resolution was put together and acted upon under great pressure (and misinformation) from
Building Links, and without appropriate consideration of the importance of the Gardens and the
implications of its being forced from its current site, with no plan for relocation.
- PGH and Gardens supporters had little opportunity to make the case to legislators for continuation of
this popular 40-year program and its 30-year site.
- For over 30 years, City administrations have attempted to support the community gardening concept
and to ensure that a large, accessible garden site is available and protected. Even the no-cost
option given to Building Links required the consent of PGH before the site could be sold.
- When Council acted on its resolution, last year, there was an unrealistic impression that relocation of
the Gardens, to a number of smaller, convenient sites, was feasible.
- PGH has made it clear that it supports development of the privately-owned land adjacent to the
Gardens site, and, during lease negotiations, offered a set of concessions intended to facilitate
such development in the context of a continued Gardens presence.
CA Item 3.2
3.Remaining Issue #1: Early Termination of Lease, as a Concept.
- PGH continues to believe that it would be best for the community if the Gardens had the security of a
new, long-term lease without the threat of early termination by the City.
•Both the City and the gardeners have invested in this site and its soil, for 30 years.
•Experience and research show that larger community gardens tend to be more successful;
multiple, small sites are less efficient to operate, and lack the spirit, camaraderie and
sharing that happen at larger ones. This is especially important for the immigrant, low-
income and disabled constituencies PGH seeks to involve and benefit.
•Despite the efforts of a City-assisted working group, no potential, large site for relocation of
the Gardens has been identified, nor have feasible small sites been found. Available,
open land in the City, appropriate for gardens, is extremely scarce and expensive.
•Other, progressive communities (for example, Portland, Oregon) are recognizing that
community gardens are a critical component of a commitment to sustainability, urban
agriculture and food security. Municipalities are developing local food policies that
ensure the protection and expansion of community gardens and other initiatives
promoting local and regional self-sufficiency, healthy food for all, etc.
•As noted above, PGH has proposed that, instead of an early termination option, the new lease
require PGH to take steps to facilitate the development of the adjacent, privately-owned
property - for example, by vacating the site temporarily to accommodate burial of the
NYSEG power lines, or by “trading” a portion of the leased land for land of the
adjacent owner, if site reconfiguration would enhance development options.
4.Remaining Issue #2: Timeframe and Process for Any Early Termination.
- If Council continues to view commercial development of the Gardens site as its preferred use, and
insists upon an early termination provision, it should give reasonable, adequate notice.
- PGH is asking for 3 years (or 3 garden seasons), from the time City conditions are met (rather than 90
days, as the City Attorney has proposed). 90 days does not necessarily even allow gardeners to
complete a growing season (something PGH promises they can do, when they rent a plot).
- PGH is asking for official notification of each step along the way to potential early termination. (I
recently learned, through a completely chance encounter with a City official, that Building
Links has apparently notified the City of its intention to exercise its option to purchase the
Gardens site. PGH has not received any official notification of this.)
- Determination, re: satisfaction of City conditions: PGH asks that the lease ensure this is a transparent
process, with a decision to be made openly, by Common Council (rather than by the Mayor, on
his own).
5.Remaining Issue #3: Mitigation for Any Early Termination.
- If the City wants a community gardens program to continue, notwithstanding a potential early
termination of the new lease, it must ensure a mechanism that will enable a viable new site (or
sites) to be found and secured, before the current site is lost.
- PGH wants to be “at the table” for any search, evaluation and decision-making process for a new site
or sites, and for consideration of what amount of funding will be needed to ensure continuation
of a comparable program, in the event that relocation is required.
6.Remaining Issue #4: Insurance Coverage.
- PGH notes that its operations at the leased site are relatively low-risk.
- New levels of coverage requested by the City will impose a financial burden on PGH and gardeners,
the majority being low to very-low income residents of the City.
- Coverage initially proposed by the City is greater than what is required of the Children’s Garden.
- The City Attorney has indicated that there might be some flexibility on this, on the City’s part.
CA Item 3.2
.3 Local Law “City of Ithaca Local Law Concerning Sidewalk Improvement Districts”
Local Law No. ____-2013
A local law entitled the “City of Ithaca Local Law Concerning Sidewalk Improvement
Districts.”
WHEREAS the City’s current sidewalk policy, in which the full cost of sidewalk
construction and repair is assessed against the abutting property owner, results in
unpredictable, large, lump-sum charges against property owners, and as a result has
discouraged the construction and repair of sidewalk throughout the City, and
WHEREAS a comprehensive and high-quality network of sidewalks is beneficial to
residents, businesses, organizations, and individual property owners beyond the
abutting property owners, and
WHEREAS pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of
Ithaca is authorized to adopt a local law relating to the authorization, making,
confirmation, and correction of benefit assessments for local improvements,
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Findings, Intent, and Purpose.
Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is
authorized to adopt a local law relating to the authorization, making, confirmation, and
correction of benefit assessments for local improvements. Under the City’s current
policy, the abutting property owner is responsible for the full sidewalk construction and
repair costs. This policy has led to the construction of very little new sidewalk in the last
twenty years, and the enforcement of the repair policy is administratively difficult and
leads to repair delays.
J:\DRedsicker\AGENDAS \City Admin Comm\2013\8-28 CA Agenda.docx 8/28/13
The Common Council makes the following findings of fact:
A. Residents, businesses, organizations, and individual property owners
beyond the abutting property owner are benefited by a comprehensive
and high-quality network of sidewalks.
B. Abutting property owners are better served by paying an annual
assessment for the construction and repair of sidewalks near their
property, rather than face unpredictable, large, lump-sum assessments for
construction and repair of abutting sidewalk.
C. Sidewalks are appropriately designated as a local improvement for which
property owners may be assessed in proportion to the benefit the property
receives, and such assessments are necessary to defray the cost of
construction and maintenance of sidewalk in the City.
The Common Council finds that the creation of several Sidewalk Improvement Districts
is the most efficient and effective way to meet the need for sidewalk construction and
repair and to recognize the proportional benefits and enhanced property value received
by property owners due to such work. The Common Council also considers sidewalk
accessibility to be an important goal that is supported by this local law.
Section 2. Charter Amendments.
Section C-114(A) of the Ithaca City Charter is hereby amended as follows:
LOCAL IMPROVEMENT
Any public improvement or work, the expense of which is directed by
the Common Council to be assessed in whole or in part upon the
property or properties deemed benefited.
J:\DRedsicker\AGENDAS \City Admin Comm\2013\8-28 CA Agenda.docx 8/28/13
CA Item 3.3
TAX
In addition to its usual meaning, includes water rents or rates[ and
assessments or reassessments for local improvements].
Section 3. Previous Sidewalk Assessment Policy.
Existing Section C-73 of the City Charter is hereby redesignated as Section C-73.1,
entitled “Sidewalks Not Included in Sidewalk Improvement Districts,” and is amended to
include a new subsection F as follows:
F. Those provisions of this Section C-73.1 compelling owner construction or
repair of sidewalk shall not apply to lots or parcels located in a Sidewalk
Improvement District and subject to an assessment for work performed in
that District pursuant to Section C-73 of the Charter; provided, however,
that those provisions of this Section C-73.1 regarding the abutting
landowner’s duty to maintain the sidewalks adjoining his or her property
free and clear of snow, ice, and all other obstructions, and the landowner’s
liability for injuries or damages arising from the landowner’s failure to do
so, shall continue to apply to all Lots in the City; provided further that this
Section and related provisions in the City Code shall continue to apply to
the construction or repair of driveway cuts or aprons regardless of whether
a lot or parcel is located in a District or is subject to such an assessment;
and provided further that should a court of competent jurisdiction hold, or
the City so concede, that Section C-73 of the Charter in its entirety or any
District created by that Section in particular is invalid or unconstitutional, or
that any particular property within any District is not subject to that
Section, any property thereby determined not to be subject to Sidewalk
J:\DRedsicker\AGENDAS \City Admin Comm\2013\8-28 CA Agenda.docx 8/28/13
CA Item 3.3
Improvement District assessments pursuant to Section C-73 shall be
subject to the provisions regarding sidewalk construction or repair set forth
in this Section C-73.1.
Section 4. Sidewalk Improvement Districts.
Section C-73 of the City Charter is hereby renamed “Sidewalk Improvement Districts,”
and is amended to read as follows:
A. Establishment of Sidewalk Improvement Districts; Map.
(1) The City is hereby divided into five (5) Sidewalk Improvement
Districts (“Districts” or “SIDs”): District #1, District #2, District #3,
District #4, and District #5. The Districts are bounded as shown on
the map titled “Official Sidewalk Improvement District Map of the
City of Ithaca, New York” (hereinafter “SID Map”), and which
accompanies in printed format and is hereby made part of this
Section.
(2) The Superintendent of Public Works or his or her designee shall
prepare, maintain, and keep current the SID Map in accordance
with amendments made thereon pursuant to action of the Common
Council.
(3) Where uncertainty exists with respect to the boundaries of the
aforesaid districts as shown on the SID Map, the rules established
for interpreting the Official Zoning Map as set forth in Section 325-6
of the City Code shall be used to interpret the SID Map.
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CA Item 3.3
B. Construction or Repair of Sidewalks in Districts.
(1) The Board of Public Works shall recommend, subject to
amendment and approval by the Common Council, a budget and a
schedule of Sidewalk Construction or Repair to be performed in
each SID as part of the City’s budget for each fiscal year; provided,
however, that the budget for the first fiscal year following the year of
enactment of this Local Law shall be recommended and approved
on such schedule as deemed practicable by the Board of Public
Works and Common Council. The Board shall have the authority to
include in such budget all or any portion of the cost for past
sidewalk construction or repair performed by the City on a property
located in and subject to assessments as part of a SID, so long as
said cost has not been assessed upon the abutting property owner
prior to the effective date of this Section. Along with such budget
and schedule of work, the Board shall recommend to Council any
adjustments it deems desirable to the assessment formula set forth
in Subsection C hereof. Such budget may include the issuing of,
and payment of the maturing principal of and interest on, any
obligation issued pursuant to the Local Finance Law for the
purpose of financing the construction or repair of sidewalks
pursuant to this Section.
(2) Before the budget and schedule of work required by Subsection B
hereof are given final approval by the Board, the City Clerk shall
give notice by publication three (3) times in a local newspaper of a
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CA Item 3.3
public hearing thereon on a date specified, which date shall not be
less than ten (10) days from the first publication. Before the date of
public hearing, any person may file with the City Clerk written
objections to such budget or schedule of work or any part thereof,
which objections shall be presented to the Board before action shall
be taken on such budget and schedule of work. At the time so
appointed or at such other time to which it may adjourn for that
purpose, the Board may hear the allegations of any person
interested who shall have filed such objections and may take proof
in relation thereto. Such allegations and proofs shall be confined to
the matters stated in such written objections. The Board may
thereupon alter or correct any assessment as justice may require,
finally approve the same and file a schedule thereof with the
Common Council, which may amend and confirm the same by local
law after a public hearing, and if so confirmed, the amount of each
assessment as derived from the Assessment Formula shall be a
lien upon the real property so assessed. Such assessments and, if
required, any reassessments, shall be collected in the manner
provided in this Charter and the City Code for the enforcement,
levy, and collection of City taxes.
(3) The Board of Public Works or Common Council may include
construction or repair of sidewalk curb cuts and curb accessibility
ramps in the local improvements to be made in a SID. The Board of
Public Works or Common Council shall not include construction or
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CA Item 3.3
repair of driveway cuts or aprons, which shall remain the financial
responsibility of the abutting property owner.
(4) Work performed in a SID pursuant to this Section shall be deemed
a local improvement, and Common Council declares and finds that
the Assessment Formula in Subsection C assesses each property
in each District in proportion to the benefit received by that property
from the construction and repair of sidewalks in its respective SID,
and that such assessments are necessary to defray the cost of
construction and repair of sidewalk in the respective SIDs.
(5) Nothing herein shall be construed to modify or alter any power of
the Common Council, Board of Public Works, or Planning and
Development Board to require a property owner to bear the full cost
of sidewalk construction or repair as part of the site plan review
process pursuant to Chapter 276 of the City Code, regardless of
whether said property is located within a SID.
C. Assessment Formula.
(1) Definitions.
ANNUAL MAINTENANCE FEE
The Annual Maintenance Fee for Low-Foot-Traffic Lots is
seventy dollars ($70.00); for all other Lots, it is one hundred
and forty dollars ($140.00).
COST OF PAST WORK
The total sum, including labor and materials, actually paid for
Past Work; provided, however, that none of the following
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CA Item 3.3
shall be included: (i) costs exceeding fifteen dollars ($15.00)
per square foot of Past Work completed; or, (ii) any
overhead fee, interests or penalties imposed for failure to
perform Sidewalk Construction or Repair pursuant to the
Charter or City Code, including but not limited to Section C-
73.1(E) of the Charter.
FRONT FEET
The length of perimeter, measured in feet, by which a Lot
abuts the line of the public street or streets.
LOT
Lot or parcel of land, as set forth by the current City of Ithaca
Tax Maps on file with the Tompkins County Department of
Assessment.
LOW -FOOT-TRAFFIC LOTS
Those Lots with a Property Class Code of 210, 215, 220,
240, 250, or 270, or substantially identical successor
designations.
PAST WORK
Sidewalk Construction or Repair performed on a Lot located
in and subject to assessments as part of a Sidewalk
Improvement District, and permitted by and performed in
accordance with the general drawings and specifications
established by the Office of City Engineer, provided that
such work is (i) performed at the cost of the property owner
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CA Item 3.3
of the Lot upon which the work is performed or (ii) funded by
documented contributions made to a business improvement
district established by Chapter 149 of the City Code by the
property owner of a Lot located in said business
improvement district for the sole purpose of performing
Sidewalk Construction and Repair; and provided further that
work completed as required by a site plan review pursuant to
Chapter 276 of the City Code is excluded.
PROPERTY CLASS CODE
The property type classification code, as defined by the New
York State Office of Real Property Services in the
Assessors’ Manual, assigned to a Lot by the Tompkins
County Department of Assessment, as may be updated by
that Department from time to time.
SIDEWALK CONSTRUCTION OR REPAIR
Construction or repair of any public sidewalk or footpath
intended for the use of pedestrians in a City park or
approximately following along the line of the street or streets
upon which the Lot fronts, including but not limited to
sidewalk curb cuts and curb accessibility ramps, and, other
actions determined by the Board of Public Works to be
necessary to the construction or repair of said sidewalk or
footpath, including but not limited to, any paving, earth work,
drainage, and appurtenances; provided, however, that the
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CA Item 3.3
construction or repair of driveway cuts, aprons, or a
pedestrian mall (as that term is defined in Section C-89(B) of
the Charter) is excluded.
SQUARE FOOTAGE
The total square footage of all buildings on a Lot as recorded
by the Tompkins County Department of Assessment.
(2) Each Lot in a SID shall be annually assessed for work to be
performed in the district as follows: Annual Maintenance Fee plus
Square Footage Fee plus Frontage Fee less Past Work Reduction.
(a) Square Footage Fee. The Square Footage Fee for all Low-
Foot-Traffic Lots shall be $0.00. For all other Lots, the Lot’s
Square Footage Fee shall be equal to the Lot’s Square
Footage times $0.015.
(b) Frontage Fee. The Frontage Fee for all Low-Foot-Traffic
Lots shall be $0.00. For all other Lots, the Frontage Fee
shall be $30.00 for each fifty-five (55) feet of Front Feet or
portion thereof.
(c) Past W ork Reduction. A Lot’s assessment under this Section
shall be reduced as set forth herein.
[1] A Lot is eligible for a reduction for the Cost of Past
Work for twenty (20) years from the date the Past
Work was substantially completed (“Reduction
Period”). In each year of the Reduction Period for
which an assessment, if any, is made pursuant to this
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CA Item 3.3
Section, the Lot’s Past Work Reduction shall be an
amount equal to one-twentieth (1/20) of the Cost of
Past Work. Should the allowable reduction for the
Cost of Past Work be greater than a Lot’s assessment
under this Section in any given year, the Lot owner
shall not be entitled to the difference, and the
difference shall not apply to the assessment for any
other year.
[2] The Lot owner must provide sufficient evidence to the
Superintendent of Public Works or his or her designee
of the nature and location of the Past Work
performed, the Cost of the Past Work, and the date
the Past Work was substantially completed. Such
evidence must be provided no later than May 1 of the
year preceding the fiscal year for which the owner
seeks a Past Work reduction; provided, however, that
in the first fiscal year following the year of enactment
of this Local Law, such proof must be provided no
later than the deadline, if any, established by the
Board of Public Works, and if no such deadline is
established, such proof must be provided no later
than February 1 of that fiscal year. If the request is
approved by the Superintendent of Public Works or
his or her designee, the Past Work reduction shall
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CA Item 3.3
automatically recur in each remaining year of the
Reduction Period. The Lot owner may appeal the
determination of the Superintendent of Public Works
or his or her designee to the Board of Public Works at
an open meeting thereafter.
D. Appeals and Reassessments.
(1) No action or proceeding to set aside, vacate, cancel, or annul any
assessment for a local improvement shall be maintained, except for
total want of jurisdiction to levy and assess the same on the part of
the officer, officers, board, or body authorized by law to make such
levy or assessment or to order the improvement on account of
which the levy or assessment was made. In the event that a court
of competent jurisdiction finds such total want of jurisdiction, this
Section shall be deemed repealed, and the sidewalk assessment
policy in Section C-73.1 of the Charter shall automatically take
effect.
(2) No action or proceedings shall be maintained to modify or reduce
any assessment for a local improvement, except for fraud or
substantial error by reason of which the amount of such
assessment is in substantial excess of the amount which should
have been lawfully levied or assessed.
(3) Any person or persons, jointly or severally, aggrieved by any
determination of assessment for a local improvement pursuant to
this Section may have the decision reviewed by the Supreme Court
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CA Item 3.3
of New York in the manner provided by Article 78 of the Civil
Practice Law and Rules.
(4) Whenever any assessments made under the provisions of this
Section shall be set aside or shall be decided by any court having
jurisdiction thereof to have been improperly or illegally made or
whenever it shall be ascertained that the proceedings under which
said assessment has been made shall have been so far irregular
and erroneous as to make the collection of such assessment illegal,
then a reassessment shall be made with the same force and effect
as if it had been an original assessment; provided, however, that in
the event that no assessment is thereafter successfully levied,
those properties affected shall be subject to Section C-73.1 of the
Charter.
E. Duties of Owner. Nothing herein shall modify or abolish the duty of the
owner of lands abutting any street, highway, alley or other public place in
the City to keep the sidewalks, approaches or street driveways adjoining
such lands free and clear of and from snow, ice and all other obstructions,
nor shall anything herein modify or abolish the liability of such owner for
any injury or damage caused by reason of omission, failure or negligence
to keep such sidewalk free from snow, ice or other obstructions as set
forth in Section 73.1(B)(1) of the Charter.
Section 5. Prior Written Notice Amendment.
Section C-107 of the Ithaca City Charter is hereby amended as follows:
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CA Item 3.3
The City of Ithaca shall not be liable for damage or injury sustained by any
person in consequence of any street, highway, bridge, culvert, sidewalk,
crosswalk, park, playground, stream, pond, lake, reservoir, building or other City-
owned property or structure being out of repair, unsafe, dangerous or obstructed
by snow, ice or otherwise or in any way or manner, including but not limited to
protruding pipes, metal plates or covers or other objects, unless written notice of
the defective, unsafe, dangerous, obstructed or concealed conditions of said
street, highway, bridge, culvert, sidewalk, crosswalk, park, playground, stream,
pond, lake, reservoir, building or other City-owned property or structure shall
have been given to[ the Board of Public Works of] the City of Ithaca by delivery to
the office of the City Clerk[ or to the office of the Superintendent of Public Works]
at least 24 hours previous to said damage or injury. This section applies to claims
of infants and all other persons. Any and all actions maintained for damages or
injuries to person or property caused or sustained as aforesaid shall be
commenced in accordance with the requirements of §§ 50-e and 50-i of the New
York State General Municipal Law.
Section 6. Severability Clause.
Severability is intended throughout and within the provisions of this Local Law. If any
section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this Local Law, except as otherwise
provided in Section 3 and Section 4(D).
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CA Item 3.3
Section 7. Effective and Operative Date.
This Local Law shall take effect forty-five (45) days after its adoption, and after filing in
the office of the Secretary of State. This Local Law is subject to referendum on petition
pursuant to Municipal Home Rule Law Section 24.
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CA Item 3.3
.4 Ordinance to Amend Section 342-18 of the City Code
ORDINANCE NO. ____-2013
An Ordinance Amending Section 342 of the City of Ithaca Code
WHEREAS Common Council is considering a local law that would amend the City of
Ithaca Charter to establish Sidewalk Improvement Districts, and
WHEREAS the City of Ithaca Code contains provisions relating to the liability of abutting
property owners for the construction and repair of sidewalk that are inconsistent with
said local law,
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Code Amendment.
Section 342-18 (Duty to Construct and Maintain Sidewalks) of the City of Ithaca Code is
hereby amended as follows:
Upon notice from the Board of Public Works, it shall be the duty of the owner of
any property subject to Section C-73.1 of the Charter to properly construct and
maintain a sidewalk in front of his/her property. However, no person shall
proceed with the construction, reconstruction or repair of any sidewalk without
obtaining a street permit from the Superintendent or his/her authorized agent and
a sidewalk survey request from the office of the Engineer. The Engineer shall
supply line and grade and the specifications for the work to be performed.
Section 2. Effective Date.
This ordinance shall take effect immediately in accordance with law upon the later of
(i) publication of a notice as provided in the City of Ithaca Charter and (ii) the effective
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date of the City of Ithaca Local Law Concerning Sidewalk Improvement Districts,
No. __-2013.
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STF Recommended Map (8/7/13)
District District AssessmentPercent of Total
1 129,837$ 18.52%
2 125,178$ 17.85%
3 225,376$ 32.15%
4 121,726$ 17.36%
5 98,973$ 14.12%
Grand Total 701,091$ 100.00%
Original Map
District District AssessmentPercent of Total
1 129,837$ 18.52%
2 125,178$ 17.85%
3 261,643$ 37.32%
4 128,630$ 18.35%
5 55,802$ 7.96%
Grand Total 701,091$ 100.00%
Four District Map
District District AssessmentPercent of Total
1 129,767$ 18.51%
2 178,509$ 25.46%
3 281,583$ 40.16%
4 111,232$ 15.87%
Grand Total 701,091$ 100.00%
M E M O R A N D U M
To: City Administration Committee
From: Ari Lavine, City Attorney
Date: August 16, 2013
Subject: Sidewalk Local Law Projected and Recommended Finances
_________________________________________________________________
A working group consisting of representatives from offices of the City Controller,
Department of Public Works, and City Attorney met to discuss various financial aspects of the
implementation of the proposed sidewalk local law that the Government Performance and
Accountability Committee passed on August 12 for placement on the September 4 Common
Council agenda. In particular, the group discussed three topics. First, the group discussed the
projected City-wide levy, net of projected past work credits due to various property owners.
Second, the group discussed various staffing options, and the financial feasibility thereof, for
carrying out the sidewalk work—including using City-operated crews of various sizes and
contracting with third parties. Third, the group discussed the projected impact on the General
Fund of these various staffing structures, and of SID assessments owing on City-owned parcels.
Currently, the City operates one sidewalk crew staffed by four full-time, permanent
employees, overseen by a member of the City’s Engineering staff who administers the sidewalk
program year-round on a 35-hour-per-week basis. These costs are currently included in the
Department of Public Works budget. If the proposed local law is adopted, the costs of labor,
materials, and equipment for sidewalk work will be shifted from DPW’s budget and apportioned
among the five SID accounts in proportion to each SID’s total annual levy. Costs for sidewalk
crews doing non-sidewalk related work during the winter season and debt service for debt
incurred on sidewalk work previously completed by the City would continue to be paid out of
the General Fund.
As reflected in the accompanying materials, the Sidewalk Task Force currently estimates
that the SID assessment formula in the proposed local law will raise a total levy of
approximately $700,000 per year, with some reduction likely (perhaps in the ballpark of 5%-
10% of the projected levy) for past work credits. Each year’s assessment should be spent in the
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-6590
OFFICE OF THE CITY ATTORNEY
Aaron O. Lavine, City Attorney Telephone: 607/274-6504
Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507
Krin Flaherty, Assistant City Attorney
Jared Pittman, Assistant City Attorney
Jody Andrew, Executive Assistant
CA Item 3.4
"An Equal Opportunity Employer with a commitment to workforce diversification."
year that it is collected, but the City can use the assessments to pay interest on bonds in order to
accomplish a larger project in a given year. A portion of that total levy will come from the
General Fund in the form of assessments on City-owned property located within a SID, projected
at $20,000 to $25,000. The working group concludes that this level of funding would support
the operation of two sidewalk crews—each consisting of five permanent, full-time employees:
working supervisor, heavy equipment operator, light equipment operator, and two maintainers—
overseen by a member of the City’s Engineering staff, plus the applicable materials and
administrative costs.
Given the short lead time from potential passage until the 2014 sidewalk construction and
repair season and the time needed to receive applications from, interview, and hire additional
crew members, the working group currently favors a plan for Fiscal Year 2014 by which the City
would operate one seven-member sidewalk crew consisting of five permanent, full-time
employees (working supervisor; heavy equipment operator; light equipment operator; two
maintainers) and two seasonal employees (laborers). This would allow the City to begin ramping
up the sidewalk program and obtain experience with the assessment process, while limiting
exposure to future fixed personnel costs and non-sidewalk-related personnel charges to the
general fund during the winter months. It is projected that operating this single crew may leave
very roughly $100,000 of SID revenues otherwise available in Fiscal Year 2014. These funds
could be used to hire contractors to complete additional sidewalk work in Fiscal Year 2014, to
purchase needed equipment (likely a substantial expense) and materials as the City expands the
amount of sidewalk work it performs, or for such other purposes necessary to the construction
and repair of sidewalk as may be appropriate.
The members of the working group look forward to providing additional detail on these
topics at the August 28 City Administration Committee meeting. Also included in this agenda
packet is a spreadsheet—already shared orally at the August GPA Committee meeting—
detailing the projected district by district levies for each of the three SID maps that have been
considered by the Sidewalk Taskforce. The estimated assessments have changed since the
August GPA Committee meeting due to the receipt of updated data from the County Department
of Assessment.
CA Item 3.4
1
Sidewalk Task Force Fact Sheet
City of Ithaca Local Law Concerning Sidewalk Improvement Districts
•Summary of Current Policy.
o Under the City’s current policy, the abutting property owner is responsible for full
sidewalk construction and repair costs. This policy has led to the construction of
very little new sidewalk in the last twenty years (and owner resistance to sidewalk
construction projects). The enforcement of the repair policy is administratively
difficult and leads to repair delays. The Mayor convened a Sidewalk Task Force,
chaired by the City Attorney, in February 2013 to address these problems.
•Task Force Objectives for a New System of Sidewalk Financing.
o Reduced regressivity of the current system.
o Continued inclusion of tax-exempt owners in a new system of financing.
o Smoothed-out, predictable sidewalk costs for property owners.
o Reduced disincentive to new construction; sidewalk treated as a public good.
o Improved sidewalk repair record in a simple and efficient system.
•Creation of Sidewalk Improvement Districts.
o The Task Force recommends the creation of five sidewalk benefit assessment
districts (each a “Sidewalk Improvement District” or “SID”). All property in the
City is included in the proposed districts, with the exception of most of the U-1
zone, where most sidewalks front on private roads and are well maintained by the
property owner. A map has been created outlining the proposed districts.
o All lots in the districts, including those lots that are exempt from property taxes,
will be subject to the assessments. The money raised in each district must be used
solely for work performed in that district; thus, while the amount raised in each
district will vary, the property owners in each district will be assessed
proportionately to the scope and cost of work occurring in that district.
•Proposed Assessment Formula.
o Low-Foot-Traffic Lots (see below) will pay an Annual Maintenance Fee of $70.
All other lots will pay an Annual Maintenance Fee of $140, plus a Square Footage
Fee ($0.015 per square foot of buildings on a lot) and a Frontage Fee ($30 for
each 55 feet of lot frontage or portion thereof).
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
OFFICE OF THE CITY ATTORNEY
Aaron O. Lavine, City Attorney Telephone: 607/274-6504
Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507
Krin Flaherty, Assistant City Attorney
Jared Pittman, Assistant City Attorney
Jody Andrew, Executive Assistant
CA Item 3.4
2
o Low-Foot-Traffic Lots will consist of one- and two-family residences. A lot’s
eligibility will be determined by the Property Type Classification Code assigned
to it by the Tompkins County Department of Assessment. These codes are
established by the New York State Office of Real Property Services.
o Lots which have or had sidewalk construction or repair work performed at the
owner’s expense will be eligible for a reduction in the assessment (1/20 of the
amount of the work, subject to a cap, in each of the twenty years following
completion of the work). The Dept. of Public Works shall review applications for
the reduction; the owner may appeal to the Board of Public Works.
o The proposed assessment formula will raise a total of approximately $600,000
(+/- $50,000) per year, with amounts varying by district. We estimate that this
will replace and exceed City-wide sidewalk work currently performed by both
City crews and private contractors. The formula can be amended via future local
laws. The City can bond against the assessment for capital-intensive projects.
•Determination of Budget and Work to be Performed.
o Council will approve the funding and work to be performed as part of the normal
budget process. BPW will recommend a budget and schedule of work to Council.
BPW will likely want to invite the public to submit work suggestions year-round,
with BPW holding meetings in the winter months to discuss these suggestions.
Council will hopefully also engage with their constituents regarding needed work.
o Once the formula and assessments are approved by Council, the assessments will
be liens on the properties assessed, administered by the Tompkins County
Department of Assessment, and collected with City property taxes.
o Sidewalk curb cuts and accessibility ramps will be included in district work and
funded by district assessments. Driveway cuts and aprons will not be included.
o The Local Law expressly preserves the right of the City (via Council, BPW or the
Planning and Development Board) to require the construction or repair of
sidewalk at the cost of the property owner as part of the site plan review process.
Such work may not be used to reduce the property’s future SID assessments.
•Application of Current Policy and Savings Clause.
o The law governing the SIDs will replace the current sidewalk assessment policy
as § C-73 in the Charter; the current sidewalk policy contained in that section will
be redesignated as § C-73.1. The current policy will apply to any lot not located in
a SID or otherwise not subject to a SID assessment under the new policy.
•Manner of Enactment and Permissive Referendum.
o The SIDs must be created by local law subject to permissive referendum.
CA Item 3.4
1
2
3
4
5
Proposed Sidewalk Improvement Districts
Sidewalk Task Force Recommendation
August 7, 2013
Legend
SID Boundaries
Waterway
Parcels
City Border
1 inch = 1,500 feet
²
Map created by the City of Ithaca Engineering Division, August 2013
CA Item 3.4
1
2
3
4
5
Proposed Sidewalk Improvement Districts
Legend
Special Districts
Waterway
Parcels
Border
1 inch = 1,500 feet²
Map created by the City of Ithaca Engineering Division, June 2013
CA Item 3.4
1
2
3
4
Proposed Sidewalk Improvement Districts
August 6, 2013 revision
Legend
Special Districts2
Waterway
Parcels
Border
1 inch = 1,500 feet²
Map created by the City of Ithaca Engineering Division, August 2013
CA Item 3.4
4.Finance, Budget, and Appropriations
.1 Clerk’s Office - Amendment to Capital Project #783 – E-mail System Replacement
Project
WHEREAS, Capital Project #783 was established in the 2013 budget in the amount of $83,000
to replace the City’s e-mail and archiving system, and
WHEREAS, a Request for Proposals was issued and responses were received in April, 2013, and
the City Clerk’s Office conducted extensive research on each project proposal, and
WHEREAS, based on the research and long-term cost and support considerations, the City
Clerk’s Office is recommending a hybrid solution of Microsoft Exchange for e-mail and
Mirapoint’s RazorSafe for e-mail archiving, and
WHEREAS, the GPA Committee reviewed the available options and associated costs, and
concurred with City Clerk staff that their recommendation would provide reliable service, future
growth, is a long-term cost effective, and supportable, solution; now, therefore, be it
RESOLVED, That the City Administration Committee recommends that Common Council
amend Capital Project #783 – E-mail Replacement Project - by an amount not to exceed $72,000
for a total amended project authorization of $155,000 for the purposes of replacing the City’s e-
mail and archiving systems, and be it further
RESOLVED, That funds necessary for said Capital Project amendment be derived from an
advance from the General Fund with a later repayment from the issuance of bonds.
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CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-6590
OFFICE OF THE CITY CLERK Telephone: 607-274-6570
Julie Conley Holcomb, City Clerk Fax: 607-274-6432
Memorandum
To: City Administration Committee
From: Scott Kronenbitter, Manager of Electronic Communications
Date: August 22, 2013
Re: Request to increase funding for CP #783 (Email system replacement)
Common Council approved a capital project in the amount of $83,000 as part of the 2013 budget for the
replacement of the city’s email system. This figure was based on a quote received from Mirapoint in the
summer of 2012 and submitted by the Department of Information Technology in consideration for
Capital Project approval. As a result of staff reorganization through adoption of the 2013 City budget,
Capital Project #783 was approved and assigned to the City Clerk’s Office.
The City Clerk’s Office issued an RFP in late March and received responses from 5 email vendors in April.
After a thorough review of the submittals and providing an opportunity for the vendors to provide
proposal clarifications, the City Clerk’s office invited all City staff and Common Council to attend vendor
demonstrations of the four email systems that were represented in the RFP submissions.
A simple questionnaire was developed for employees to provide their feedback based on the
demonstrated e-mail, contact, and calendar functionality. Of the responses received, Mirapoint was the
only system to not receive a recommendation from City staff. Zimbra, Google, Microsoft Exchange
were evenly favored by the workforce. The Mirapoint archive solution was the clear favorite of the City
Clerk’s Office and City Attorney’s Office.
Based on feedback from the workforce, the scope of the project increased to include features and
functionality that exceeded the capabilities of the previously quoted Mirapoint email system.
The City Clerk’s Office is recommending the following:
Microsoft Exchange and the Mirapoint RazorSafe archive appliance for an on-premise system with five
years of support and warranty for a project cost of:
Microsoft Exchange: $116,320.12
Mirapoint RazorSafe: $ 33,934.50
Microsoft Exchange Administrator Training: $2,775.00 (New Horizons Syracuse)
Total Capital Project Cost: $ 153,000
-$ 83,000 available capital project funding
$ 70,000 Additional funding needed
Exchange Pricing
Primary Email server HP Proliant DL380 G8 Server $12,710.32
Redundant Email server HP Proliant DL380 G8 Server $12,710.32
Server Operating System Microsoft Windows 2008 R2 license 2 x $632 $1,264.00
Backup solution HP Ultrium 1760 External Tape Unit $4,446.48
Exchange license Microsoft Exchange 2013 license 1 x $2849 $2,849.00
Exchange User license Microsoft Exchange Standatd CAL 500 x $54.60 $27,300.00
Exchange User license Microsoft Exchange Enterprise Upgrade CAL 500 x $33.60 $16,800.00
Migration software Quest GroupWise migrator for Exchange 500 x $10.98 $5,490.00
AntiVirus/AntiSPAM/Continuity MX Logic 12 x $1125 $13,500.00
Labor Email server installation/configuration 115hr x $110/hr $12,650.00
Labor Email data migration 60hr x $110/hr $6,600.00
Email Archive Mirapoint Razorsafe $33,934.50
system total $150,254.62
training
Troubleshooting Microsoft Exchange Server
2010 Service Pack 2 $2,375.00
misc expenses for local training $400.00
training total $2,775.00
grand total $153,029.62
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Zimbra Google Exchange
Hosted Hosted On Premesis
Partner Special Applied Intelligence Onix Networks The Computing Center
AD Sync Y - LDAP Y - GADS Y - Microsoft native
Archive migration N N Y - Mirapoint Professional Services
Archive Zimbra Google Vault Mirapoint RazorSafe
Legacy Archive support Mirapoint RazorSafe Mirapoint RazorSafe N/A
End User training N Y - on-site and online N
Additional Internet bandwidth Y Y N
3rd party archive estimate 35,000.00$ 35,000.00$ 35,000.00$
Year 1 38,491.00$ 79,996.00$ 120,000.00$
Year 2 34,291.00$ 55,846.00$ 13,500.00$
Year 3 34,291.00$ 55,846.00$ 13,500.00$
Year 4 34,291.00$ 55,846.00$ 13,500.00$
Year 5 34,291.00$ 55,846.00$ 13,500.00$
5 year Total Cost of Ownership $210,655.00 $338,380.00 209,000.00$
Year 6 34,291.00$ 55,846.00$ 13,500.00$
Year 7 34,291.00$ 55,846.00$ 13,500.00$
Year 8 34,291.00$ 55,846.00$ 13,500.00$
Year 9 34,291.00$ 55,846.00$ 13,500.00$
Year 10 34,291.00$ 55,846.00$ 13,500.00$
10 year Total Cost of Ownership $382,110.00 $617,610.00 276,500.00$
Comments
Private cloud, Cannot migrate archive,
RazorSafe archive is necessary to
search historical GroupWise email. No
access to live archive or control of
allow and block SPAM lists
limited staff resource available to
support additional features, AD
syncronizes one-way to Google via
GADS. RazorSafe archive is
necessary to search historical
GroupWise email
local vendor/support, multi vendor
solution, tightly integrates with existing
IT infrastructure. Most "future proof"
option for integration with desktop
conferencing, utilizes current City IT
infrastructure and staff to perform
hardware setup and data migration
and reduce project costs. On-premise
servers should be replaced every 3-5
years which annual operating cost
savings should be able to cover.
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4.2 DPW - Lake Street Bridge Rehabilitation Project
WHEREAS, a project for the rehabilitation of the Lake Street Bridge Over Fall Creek,
P.I.N. 375534 (“the Project”) is eligible for funding under Title 23 U.S. Code as administered by
the Federal Highway Administration (FHWA), as amended, that calls for the apportionment of
the costs such program to be borne at the ratio of 80% Federal funds and 20% non-Federal funds,
and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100%
of the non-Federal share of the costs of Scoping, Preliminary Design, Detailed Design, Right of
Way Incidentals ,Construction and Construction Inspection, and
WHEREAS, this project constitutes a reconstruction of facility in-kind on the same site as well
as maintenance or repair involving no substantial change in an existing facility, and is therefore a
Type II action under the National Environmental Policy Act (NEPA) Regulation and in
accordance with 6 NYCRR Part 617 requiring no environmental review; now therefore, be it
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first
instance 100% of the Federal and non-Federal share of the cost of Scoping, Preliminary Design,
Detailed Design, Right of Way Incidentals ,Construction and Construction Inspection work for
the Project or portions thereof; and be it further
RESOLVED, That Common Council hereby establishes Capital Project #791 Lake Street
Bridge Rehabilitation in an amount not to exceed $1,464,250, and be it further
RESOLVED, That the sum of $1,464,250 is hereby appropriated from Capital Project #791 and
made available to cover the cost of participation in the above phases of the project; and it is
further
RESOLVED, That in the event the full Federal and non-Federal share costs of the project
exceeds the amount appropriated above, Common Council of the City of Ithaca shall convene as
soon as possible to appropriate said excess amount immediately upon the notification by the
NYDOT thereof, and be it further
RESOLVED, That the Mayor of the City of Ithaca of the County of Tompkins be and is hereby
authorized to sign all necessary Agreements with New York State Department of Transportation
to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca and the Superintendent
of Public Works is authorized to sign all necessary construction documents, contracts,
certifications and reimbursement requests, and be it further
RESOLVED, That the Superintendent of Public Works be and is hereby authorized to
administer the above project, and be it further
RESOLVED, That a this project be undertaken with the understanding that the final cost of the
project to the city will be roughly no greater than 20% of said portion, currently estimated at
$292,850 of the $1,464,250 authorized for this project and in-kind services as managed by the
Superintendent of Public Works and monitored by the City Controller, and be it further
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RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with
the Project, and it is further
RESOLVED, That this Resolution shall take effect immediately.
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CA Item 4.2
CA Item 4.2
.3 DPW - Request for Funding for Historic Gravestone Conservation Workshop at
Ithaca City Cemetery
WHEREAS, the City of Ithaca Cemetery is currently maintained by the Parks Department,
and
WHEREAS, over the years maintenance of the cemetery has diminished from a staff
dedicated specifically to maintaining the cemetery to currently providing maintenance of it in
the form of mowing five times a year and resetting approximately 5-10 headstones per year;
and
WHEREAS, views from the cemetery, the interesting terrain, rich history and diverse tree
species composition gives this area a huge amount of potential to be a valued location for
residents and visitors to the City, and
WHEREAS, in its current state the cemetery appears to be a forgotten backwater of the City,
where many residents are not even aware of it at all, and
WHEREAS, Historic Ithaca, Inc. and the Friends of the Ithaca City Cemetery will bring
stone conservator Jonathan Appell to the Ithaca City cemetery on September 20-21, 2013 to
conduct a one and a half day hands-on workshop on how to assess cemetery conditions,
prioritize conservation needs, re-set leaning or fallen stones, rejoin broken tablets,
consolidate eroded stone, and clean tables using suitable materials, and
WHEREAS, the immediate benefit is that dozens of tablets will be conserved, stabilized
and/or cleaned by workshop participants during the event, creating a safer environment, a
more enjoyable and respectful park setting, and serve as an impetus for future work, and
WHEREAS, the total event cost is $3,500-$4,000 for the conservator’s fee and $500 in other
costs, for which Historic Ithaca is seeking financial and other support, and
WHEREAS, the Parks Commission met on August 13, 2013 and indicated their support for
the workshop, and
WHEREAS, financial assistance has been obtained from Cornell University’s Department of
Landscape Architecture and additional financial support is being sought from other
University departments and from private sources, and
WHEREAS, to take advantage of this private financial support, $1,500.00 is being requested
from the City of Ithaca, in addition to assistance obtaining needed materials (sand/gravel)
from the Department of Public Works, and the participation of DPW Crews in the workshop,
and
WHEREAS, the expert guidance provided at this workshop should put the staff of the
Department of Public Works in a better situation to care for and repair current and future
issues with monuments and stones in the cemetery, and
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WHEREAS, the limited time staff have to care for the cemetery will be put to good use, with
the knowledge of which areas/monuments have the most immediate need as well as
knowledge of how to best repair damaged stones with techniques that will provide lasting
repairs, and realize the goal of the workshop which is long-term care for this unique city park
and historic cemetery, and
WHEREAS, the Board of Public Works met on August 26, 2013 to review, and discuss this
request, and
WHEREAS, the Board expressed support for the project which will empower and provide
the necessary tools to both staff and volunteers from a relatively small financial investment
from the City of Ithaca for a long term benefit to the entire city, residents, and visitors, now,
therefore, be it
RESOLVED, That Common Council hereby authorizes the release of an amount not to
exceed $1,500.00 from Account A1990 Unrestricted Contingency to Account A8810-5435
Contracts for the Historic Gravestone Conservation Workshop.
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.4 GIAC – Request to Amend Budget for Grant
WHEREAS, the Greater Ithaca Activities Center (GIAC) received a grant in the amount of
$5,986 from the Park Foundation to assist with the computer lab program, and
WHEREAS, the grant funds will be used to purchase computers for the GIAC lab; now,
therefore be it
RESOLVED, That Common Council hereby amends the 2013 authorized budget for GIAC in an
amount not to exceed $5,986 for the purposes of accounting for said grant as follows:
Increase Revenues:
A7311-2705 Gifts and Donations $5,986
Increase Appropriations:
A7311-5210-1100 Office Equipment $5,986
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