HomeMy WebLinkAbout09-25-13 City Administration Committee Meeting AgendaCA Meeting
City Administration Committee
DATE: September 25, 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 15 Min*
1.1 Agenda Review No cards received at the beginning of each
1.2 Review and Approval of Minutes Yes meeting and adjust time if needed.
1.3 Statements From the Public No
1.4 Statements From Employees No
1.5 Council Response No
(6:15 p.m.)
2. Standing Sub-Committee and Staff Reports
2.1 IURA - Energy Action Plan Discussion No Sue Kittel, Asst. Director of IURA 20 Min
(6:35 p.m.)
3. City Administration, Human Resources, and Policy
3.1 Attorney’s Office – Community Gardens Yes Ari Lavine, City Attorney 40 Min
3.2 P, D & Bldg – Rewrite of Zoning Requirements No Phyllis Radke, Dir. of Zoning Admin. 10 Min
3.3 Chamberlain’s Office - A Local Law to Yes Debra Parsons, City Chamberlain 5 Min
Increase Income Limits for Eligibility for the
Disability Real Property Tax Exemption
3.4 Chamberlains’ Office - An Ordinance to Yes Debra Parsons, City Chamberlain 5 Min
Increase Income Limits for Eligibility for the
Real Property Tax Exemption for Persons over 65
3.5 BPAC - Request to Enact a City Policy for all Yes Tim Logue, Traffic Systems Engineer 10 Min
City-owned Vehicles to Give Cyclists and Other
Vulnerable Road Users at Least Three Feet of
Space When Passing Them (7:45 p.m.)
4. Finance, Budget, and Appropriations
4.1 DPW – Authorization for Budget Allocation for Yes Tom West, Director of Engineering 5 Min
Green Garage Structural Repairs
4.2 Chamberlain’s Office – Request to Purchase Yes Debra Parsons, City Chamberlain 10 Min
Office Equipment
4.3 2013-2014 Civil Service Agreement with the Yes Steve Thayer, City Controller 5 Min
Ithaca City School District
4.4 Controller’s Office – Amend Budget for Living Yes Steve Thayer, City Controller 5 Min
Wage Adjustments
4.5 Council - A Local Law to Override the Tax Yes Steve Thayer, City Controller 10 Min
Levy Limit Established in General Municipal Law (8:20 p.m.)
5. 2014 Budget Process/Updates 10 Min
6. Committee Discussion Items
6.1 Nuisance Smoke Working Group – Discussion No Cynthia Brock, Council Member 15 Min
(8:45 p.m.)
(Continued on next page)
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.
CA Meeting Agenda
9/25/13 Continued
7. Meeting Wrap-up
7.1 Announcements No All 5 Min
7.2 Review Agenda Items for Next Meeting No
7.3 Adjourn Yes
(8:50 p.m.)
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.
CA Item #2.1
CA Item #2.1
CA Item #2.1
CA Item #2.1
CA Item #2.2
The City of Ithaca’s Energy Action Plan 2012
may be viewed in its entirety at:
http://www.egovlink.com/public_documents300/ithaca/published_documents/Sustainable_Ithaca/Ithaca_
Energy_Action_Plan_2012.pdf
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3.City Administration, Human Resources, and Policy
.1 Attorney’s Office – Lease of Community Gardens
WHEREAS, the City of Ithaca/Ithaca Urban Renewal Agency (IURA) executed a Purchase
Agreement with Building Links, Inc. in 1999 for approximately eight acres of undeveloped land
zoned I-1 located in Carpenter Business Park (CBP), which gave Building Links, Inc. an option
(the “Option”) to purchase Carpenter Business Park Tax Parcel 36-1-3.4, which Option was
subsequently defined in a 2002 agreement;
WHEREAS, the City leased CBP Tax Parcel 36-1-3.4 to Project Growing Hope, Inc. for a
twenty-year term expiring on December 31, 2013 for use as a community garden;
WHEREAS, the City of Ithaca, 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.;
WHEREAS, upon expiration of the lease, said option could be exercised if the Common Council
decided not to extend or renew the lease with Project Growing Hope, Inc.;
WHEREAS, it is generally agreed upon that the Carpenter Business Park is an appropriate
location for economic development;
WHEREAS, Building Links, Inc. provided notice and payment dated July 1, 2013 of its intent to
exercise the purchase option, said exercise effective only in the event that Project Growing Hope
is not in possession of an executed lease effective January 1, 2014;
WHEREAS, Project Growing Hope, Inc. has approached the City requesting renewal of the
lease;
WHEREAS, it is generally agreed that community gardening is a valuable public benefit for City
residents;
WHEREAS, the Common Council, on September 19, 2012, directed the Mayor and City
Attorney to negotiate a new lease agreement with Project Growing Hope, Inc. for the Carpenter
Business Park community garden;
WHEREAS, the Common Council resolved that the City’s renewed agreement with Project
Growing Hope Inc. would include specific conditions that, when all met, would allow early
termination of the lease:
J:\DRedsicker\AGENDAS \City Admin Comm\2013\9-25 CA Agenda.docx 9/25/13
•Final Site Plan approval by the City of Ithaca Planning Board for the development of the
lands comprising the Carpenter Business Park, of which the parcel leased to Project
Growing Hope, Inc. is included, and;
•A signed agreement with the developer for above-mentioned Site Plan that provides the
City with an easement for a future public roadway that would connect Cascadilla Street to
Third Street, through the proposed project site, in order to facilitate and safely manage
traffic impacts of additional development in the vicinity, and;
•Successful negotiations between the City and the developer for an agreed upon cost to be
paid by the developer and to be solely used by the City for relocation,
construction, and the establishment of a management framework for a substitute
garden, and;
•If relevant, submission of written notice of optionee’s intent to exercise the option to
acquire the Community Garden parcel pursuant to the “Option to Purchase Real
Property” agreement between the City of Ithaca and Building Links, Inc., dated February
2002;
WHEREAS, Upon further discussion and consideration of a proposed lease, the City
Administration Committee has indicated its preference that the Common Council authorize the
execution of a lease without the specific terms and conditions for early termination contained in
the September 19, 2012 resolution; now therefore be it
RESOLVED, That the Common Council repeals the terms and conditions for early termination
specified in its September 19, 2012 resolution; and be it further
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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LEASE AGREEMENT FOR ITHACA COMMUNITY GARDENS
THIS LEASE AGREEMENT, made this ____ day of _______ of 2013, by and between
the CITY OF ITHACA, a municipal corporation, duly organized and existing under and by
virtue of the laws of the State of New York, with offices at 108 E. Green Street, Ithaca, NY
14850, hereinafter referred to as "LESSOR," and PROJECT GROWING HOPE, INC., a not-for-
profit corporation, duly organized and existing under and by virtue of the laws of the State of
New York, with an address at Post Office Box 606, Ithaca, NY 14851, hereinafter referred to as
“LESSEE;”
WITNESSETH THAT the parties hereto agree as follows:
ARTICLE ONE: LEASED PREMISES
LESSOR shall lease to LESSEE the premises more particularly described in Schedule
“A,” hereinafter referred to as the “Leased Premises”, attached hereto and incorporated herein by
reference, together with all the rights, privileges, easements and appurtenances thereunto
belonging or attaching, subject to the provisions, conditions and covenants contained in this
Lease Agreement.
ARTICLE TWO: TERM OF LEASE
LESSOR hereby leases to LESSEE the premises described in Schedule A attached hereto
for a term commencing on January 1, 2014, and ending on December 31, 2033.
ARTICLE THREE: EARLY TERMINATION
Early Termination By LESSOR:
Notwithstanding any other provisions herein, LESSEE’s right to occupy the subject
premises may be terminated by LESSOR, prior to the end of the demised term of this Lease
Agreement, on written notice to LESSEE, served as provided for in Article 10 hereof, under any
one of the following conditions:
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CA Item #3.1
a)If LESSEE shall, at any time during the demised term, fail in the performance or
permit the violation of any of the covenants, conditions, terms or provisions of this lease, 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 two year’s
written notice, as follows:
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 resolving to terminate for any reason or no reason at all.
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CA Item #3.1
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.
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 [to be determined by
City Administration Committee vote] per year, which sum is hereby acknowledged by
LESSOR to have been paid in advance at the time of execution of this Lease Agreement. As and
for additional consideration, the substantial value of which is acknowledged by LESSOR,
LESSEE agrees to provide, at its cost, a public community garden program for the City of Ithaca
and its residents, for the term of this Lease, utilizing the leased premises.
ARTICLE FIVE: USE OF PREMISES.
a)LESSOR affirms the public benefit provided to residents of the City of Ithaca by the
existence of the Community Gardens at the leased premises. The LESSEE covenants and agrees
that it will, during the period of this lease, reasonably use said premises and any buildings and
improvements situated thereon for public community gardens in a manner similar to its current
and past use of the premises, as a benefit for the City of Ithaca and open to the general public, as
defined by the current certificate of incorporation and bylaws of LESSEE, including outreach to
and accessibility for low income gardeners. In addition, the premises will be available for other
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CA Item #3.1
uses as deemed appropriate by LESSOR, provided such uses do not conflict with the Community
Garden uses of LESSEE, including but not limited to use by the general public for passive
recreation or other purposes. As deemed appropriate by LESSOR, LESSEE shall be afforded the
opportunity to review and comment on potential joint uses of the leased premises but LESSOR
shall retain the sole authority to determine such uses and whether they conflict with the
Community Gardens use by LESSEE.
b)LESSEE further covenants and agrees that at all times during the demised term:
1.the premises including the buildings and improvements situated thereon or
connected therewith and all appurtenances thereto and equipment thereof shall be
kept by LESSEE at its own expense in good repair and in a clean and safe
condition and in conformity with the requirements of all municipal, county, state
and federal laws, rules and regulations;
2.that all health, police, zoning, fire, building, subdivision, and other regulations
shall, in all respects and at all times, be fully complied with by LESSEE and, in
particular, that at the end of the growing season the site will be appropriately
cleaned and winterized;
3.that LESSEE will not at any time remove or permit to be removed any existing
building or improvement from the demised premises except as provided for in this
Lease;
ARTICLE SIX: IMPROVEMENTS.
It is understood and agreed that in the event that LESSEE shall construct buildings and
structures or landscaping upon the demised premises during the term of this Lease Agreement, or
any extension thereof, such buildings shall be used solely for the purposes set forth in ARTICLE
FIVE hereof. Any such improvements shall be subject to City of Ithaca site plan review, if
applicable.
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ARTICLE SEVEN: WATER, SEWERAGE, AND PARKING.
LESSEE shall be responsible for construction and maintenance of any water or sewer
lines between the existing City systems and the leased premises, for use by LESSEE, in
accordance with LESSOR's engineering specifications. In particular, LESSEE shall be
responsible for the installation, maintenance and testing of the backflow protection device; the
winterization of all such water and sewer lines and appurtenances; and for the scheduling of
seasonal turn on and shut off of water. LESSEE shall be responsible for payment for all utilities
used on the leased premises. LESSOR shall have no responsibility for developing additional
parking areas for use by LESSEE.
ARTICLE EIGHT: INSURANCE.
LESSEE shall keep the improvements insured against liability and fire or other hazards
and shall save LESSOR harmless and indemnified at all times against any loss, damage,
penalties, costs and expenses, judgments and decrees, by reason of a failure so to do in any
respect or by reason of any violation of any of the law, rules or regulations above referred to, or
by reason of any accident, loss, wrong, injury, or damage to person, life or property in or about
said demised premises, including but not limited to for any negligence of LESSEE in the making
of any improvements to the premises, or by reason of any use which may be made of the
demised premises or the buildings and improvements thereon, or by reason of any act or thing
done or omitted to be done or by reason of anything happening in connection with or upon the
demised premises or in any building situated thereon or improvement connected therewith, or by
reason of the failure of LESSEE in any respect fully to carry out and perform any of the
covenants, agreements, provisions or undertakings in this lease on its part to be performed.
Proof of insurance and the inclusion of LESSOR as an additional insured in all such policies of
insurance shall be provided in writing to LESSOR.
LESSEE shall maintain liability insurance coverage upon the leased premises, in the initial,
minimum amount of $1,000,000 per occurrence and $2,000,000 in the aggregate, and shall
ensure that the City of Ithaca is named as an additional insured on such policy. The minimum
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CA Item #3.1
amount of required coverage shall be subject to reasonable, periodic adjustment by the City,
upon prior written notice to LESSEE of at least 6 months.
LESSEE shall provide written documentation to City that required coverage is in place, at
the time of execution of this lease agreement, at least annually thereafter, by January 31st, or at
other time upon request.
LESSEE shall keep the premises insured as provided for herein and the amount of
insurance coverage shall be as reasonably approved by the LESSOR, and proof of insurance and
the inclusion of LESSOR as an additional insured in all such policies of insurance shall be
provided in writing to LESSOR. It is mutually covenanted and agreed by and between the
parties hereto that the proceeds of any and all policies of fire insurance covering any building or
buildings at any time situated upon the demised premises shall be used as a trust fund towards
the repair, reconstruction, building or rebuilding of such building or buildings, unless the parties
agree otherwise in writing.
ARTICLE NINE: DEFAULT
If LESSEE shall, at any time during the demised term fail in the performance of or permit
the violation of any of the covenants, conditions, terms or provisions of this Lease Agreement,
which, on the part of LESSEE, are or ought to be observed, performed and fulfilled and, except
where a specific time is herein provided for the performance of any covenant or condition, when
such default shall not be made good within ninety (90) days after notice and demand given
pursuant to the provisions of ARTICLE TEN hereof, then, in any of the events enumerated
hereto, LESSOR may, at its, option, and upon ninety (90) days notice in writing, served as
provided in ARTICLE TEN hereof, terminate this lease, and this lease and the term thereof shall
automatically cease and terminate at the expiration of said ninety (90) day period; and it shall be
lawful for LESSOR, at its option, to enter the demised premises or any part thereof and to have,
hold, repossess and enjoy the said premises, and the LESSOR shall have the right to recover the
said premises and to remove all persons therefrom by summary proceedings or by any action or
proceedings. Such defaults allowing lease termination are as follows:
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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
108 East Green Street
Ithaca, New York 14850
and
Attorney for the City
108 East Green Street
Ithaca, New York l4850
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CA Item #3.1
and
For LESSEE: Project Growing Hope, Inc.
P.O. Box 606
Ithaca, New York 14851
ARTICLE ELEVEN: ASSIGNMENT
It is hereby covenanted and agreed by and between the parties hereto that LESSEE may
not sell, convey or assign its interest in the demised premises and in any structures or
improvements thereon without the written consent of LESSOR. The approval of one assignment
by LESSOR shall not constitute approval for any subsequent assignment.
ARTICLE TWELVE: SURRENDER OF PREMISES; DISPOSITION
OF IMPROVEMENTS
Upon the termination of this lease, as a result of default (per ARTICLE NINE) or early
termination, or upon its expiration (or the expiration of a renewed term, per ARTICLE
SIXTEEN, if applicable), LESSEE covenants and agrees to surrender the demised premises,
peaceably and at once, and to deliver up the same to LESSOR, subject to the remaining
provisions of this Article. LESSEE shall be entitled - but not required - to remove from the
demised premises any improvements LESSEE has made to said premises, including but not
necessarily limited to any structures (e.g., sheds, fencing, gazebo) and the topsoil from the
gardens (defined as the top eight inches of soil), provided that a relocation site requires topsoil.
Any such removal must occur prior to said termination date, must be complete (i.e., without
leaving debris, hazards, or holes in the ground) and shall be at LESSEE’s sole cost.
ARTICLE THIRTEEN: CONDEMNATION
If any person or corporation, municipal, public, private or otherwise, shall, at any time
during the term of this lease, lawfully condemn and acquire title to the demised premises or any
portion thereof, or to any building or the appurtenances now or hereafter erected thereon, or to
any easement therein, in or by condemnation proceedings pursuant to any law, general, special or
otherwise, then, in that case, LESSOR shall be entitled to and shall receive the entire award or
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payment therefor; and LESSEE shall assign and does hereby assign and transfer to LESSOR
such award or payment as may be made therefor. LESSOR, in any event, shall be entitled to
receive any and all awards or payments made for any buildings and the appurtenances which
shall be so taken or for any damages thereto, free, clear and discharged of every claim of every
kind whatsoever by or on the part of LESSEE, except as hereinafter specifically provided, and
such award or payment is hereby transferred and assigned to LESSOR by LESSEE; and LESSEE
hereby further agrees that for the purpose of obtaining such award or payment, and for all other
purposes, all the buildings and improvements now standing upon the demised premises are the
sole and absolute property of LESSOR and that in no event and under no circumstances shall
LESSEE be entitled to receive or retain any award or payment or any part thereof except as
hereinafter specifically provided. Notwithstanding anything hereinbefore contained to the
contrary, if LESSEE shall have commenced or completed the erection of a new building or
buildings or other improvements and such condemnation takes place after the commencement or
completion of the said new building or buildings, then LESSOR agrees to pay LESSEE out of
the condemnation award or payment when paid, a sum equal to the amount awarded or paid in
condemnation as the value of such building or improvements. If, in the condemnation
proceeding, the value of the land and of the buildings and other improvements are not separately
determined, then the value of the building or other improvements shall be determined by
arbitration. LESSOR agrees to give LESSEE notice of any condemnation proceedings
immediately upon knowledge of such proceedings.
ARTICLE FOURTEEN: NON-DISCRIMINATION
It is mutually understood and agreed that LESSEE, in the employment of its agents,
contractors and/or employees, shall not discriminate against any employee, applicant for
employment, subcontractor, supplier of materials or services or program participant because of
actual or perceived age; creed; color; disability; ethnicity; familial status; gender; height;
immigration or citizenship status; marital status; national origin; race; religion; sex; sexual
orientation; socioeconomic status; or weight; and any construction contract entered into by
LESSEE shall contain such a nondiscriminatory clause.
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ARTICLE FIFTEEN: MISCELLANEOUS PROVISIONS
a)Waivers of Lien.
LESSEE covenants and agrees that LESSEE will not make any contract or agreement,
either verbal or written, for labor, services, materials or supplies in connection with any
improvements at any time situated upon the demised land without securing in such contract or
agreement a waiver or waivers of lien against LESSOR's interest in the demised premises; and it
is expressly understood and agreed, and notice is hereby given, that no persons, firms, or
corporations furnishing labor, materials or services for the construction, reconstruction, alteration
or addition to any building at any time during the term hereof situated upon the demised
premises shall have any lien upon LESSOR's interest in the demised premises and that any and
all liens upon LESSEE's estate and interest in the demised land and the buildings and
improvements situated thereon shall be subject to the prior rights of LESSOR under the terms
and provisions of this Lease Agreement, and no authority is given by this Lease to LESSEE,
expressly or impliedly, to bind LESSOR for the payment of any money in connection with the
construction, repairing, alterations, additions or reconstruction work on the demised premises,
nor is there any authority given LESSEE by this lease, directly or indirectly, to permit any
mechanic’s lien, materialman's lien, or contractor’s lien to arise against LESSOR's interest in the
demised land or the buildings or improvements thereon, and LESSEE expressly agrees that it
will keep and save the demised premises, and LESSOR, harmless from all costs and damages
arising from any such liens or lien of any character created through any act or anything done by
LESSEE.
b)Title.
LESSOR represents and warrants that it is the owner in fee of the demised premises, as
described in Schedule “A,” attached hereto, free of all liens and encumbrances.
c)Severability.
In the event that any term, condition, clause or provision of this agreement shall be
deemed null and void, the remaining terms, conditions, clauses and provisions of this lease
agreement shall remain in full force and effect, unless the rights of either party are materially
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affected by the deletion of such term, condition, clause or provision, in which case either party
may elect within 90 days after the date of the notification to declare said lease null and void in its
entirety.
ARTICLE SIXTEEN: RIGHT TO INSPECT
LESSOR shall have the right to inspect any part of the premises without notice at any
time.
THIS AGREEMENT shall be binding upon the parties and their successors in title.
IN WITNESS WHEREOF, the parties hereto have placed their hands and seals as of the
date(s) set forth below.
CITY OF ITHACA
Date: _____________________________ By: ______________________________
Svante Myrick, Mayor
PROJECT GROWING HOPE, Inc.
Date: __________________________ By: ______________________________
Name:
Title:
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CA Item #3.1
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
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SCHEDULE A
The premises leased to Project Growing Hope, Inc., by the City of Ithaca, pursuant to a
Lease Agreement executed in 2013 between said parties, consist of the following:
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Ithaca, County of
Tompkins and State of New York, shown as “Parcel A” and “Parcel B” (both of which are also
denoted as “Community Gardens”) on a survey map entitled “Survey Map - Carpenter Business
Park, Third Street and New York State Route 13, City of Ithaca, Tompkins County, New York,”
dated 6/1/2001 and as revised on 2/15/02, more particularly bounded and described as follows:
PARCEL A: Commencing at a pin set in the southeasterly boundary of lands reputedly
of the Norfolk Southern Railroad, where said boundary intersects with a northeasterly line of
premises (demarcated as 'Parcel F' on the above-referenced survey map) conveyed by Building
Links, Inc., to Templar, LLC, by deed dated February 20, 2002, which deed was recorded on
February 22, 2002, in the Tompkins County Clerk’s Office in Liber CD2504 of deeds at page
965, said point of beginning being located 691.28 feet southwesterly from a pin set in the
southerly line of Third Street Extension; running thence North 34 degrees 41 minutes 32
seconds East a distance of 419.10 feet to a point in said boundary of lands of the Norfolk
Southern Railroad; running thence southerly on a curve to the left, an arc distance of 65.82 feet,
with a chord running South 4 degrees 4 minutes 54 seconds West for a chord distance of 65.60
feet, along the westerly line of a roadway known as Carpenter Circle; running thence South 4
degrees 7 minutes 11 seconds East a distance of 85.80 feet along said line; running thence on a
curve to the right, an arc distance of 97.88 feet, with a chord running South 15 degrees 54
minutes 37 seconds West for a chord distance of 95.90 feet, along said line; running thence
South 35 degrees 56 minutes 24 seconds West a distance of 203.2 feet to a point marked by a pin
set in said line; running thence North 56 degrees 14 minutes 08 seconds West a distance of
113.65 feet to the point or place of beginning.
PARCEL B: Commencing at a point 0.2 feet easterly of a chain link fence dividing what
is demarcated on the above-referenced survey map as “Parcel B” and 'Parcel H' from New York
State Route 13, which point is located South 33 degrees 47 minutes 32 seconds West a distance
of 247.00 feet, approximately along said chain link fence, from the intersection of New York
State Route 13 with a southeasterly boundary of land reputedly of Benjamin; running thence
South 33 degrees 47 minutes 32 seconds West a distance of 228.30 feet to a point marked by an
iron pin; running thence North 56 degrees 11 minutes 5 seconds West a distance of 196.92 feet to
a point marked by an iron pin set in the easterly line of a roadway known as Carpenter Circle;
running thence North 35 degrees 56 minutes 24 seconds East along said line for a distance of
201.00 feet to a point; running thence on a curve to the left, an arc distance of 139.83 feet along
13
CA Item #3.1
said line, with a chord running North 15 degrees 54 minutes 37 seconds East for a chord distance
of 137.00 feet, to a point marked with an iron pin; running thence South 30 degrees 54 minutes
28 seconds East a distance of 264.72 feet to the point or place of beginning.
Being a portion of the premises conveyed to the City of Ithaca by deed from the New
York State Electric and Gas Corporation dated February 21, 1986 which deed was recorded in
the Tompkins County Clerk’s Office on March 13, 1986 in Liber 615 of Deeds at page 797.
TOGETHER WITH the right of access to and along the street commonly known as
Carpenter Circle, for the purpose of providing access (from Third Street) by the public to the
premises leased from the City of Ithaca by Project Growing Hope, Inc., which right was retained
when said street was conveyed by the Ithaca Urban Renewal Agency to Building Links, Inc.
SUBJECT TO rights retained by the New York State Electric and Gas Corporation in the
aforesaid deed for permanent easement and rights of way upon, over, across and under the above
described premises as more particularly set forth in the aforementioned deed from the New York
State Electric & Gas Corporation to the City of Ithaca.
14
CA Item #3.1
Please refer to additional back up information provided with the past two
agendas. If you wish to receive another copy of the information, please
contact Donna Redsicker at dredsicker@cityofithaca.org
J:\DRedsicker\AGENDAS \City Admin Comm\2013\9-25 CA Agenda.docx 9/25/13
CA Item #3.1
MEMORANDUM
To: Svante Myrick, Mayor
JoAnn Cornish, Director, Planning, Building, & Economic Development
From: Phyllis Radke, Director of Zoning Administration
Date: July 11, 2013
Re: Brief Explanation of Proposed Goals, Committees, & Process for Rewriting Zoning Ordinance
The rewrite of the Zoning Ordinance will focus on correcting textual errors, updating practices, and
adding text for clarity, and/or adding text to improve the regulations and enforceability of the zoning
requirements. It is not meant to completely change the current Euclidian-type zoning approach, but
to make the format of the Ordinance conducive to adding design standards or guidelines for the use
districts, over time.
Called MODIFIED CONVENTIONAL ZONING, this approach is said to be highly effective in preventing
incompatible uses and protecting neighborhoods. It allows for a variety of zoning districts, ranging
from mixed-use to those where single-family development is the predominant form. Furthermore,
cities using this type of zoning have been able to produce high densities on small footprints and
create greater transit ridership, resulting in fewer vehicle miles traveled.i
The format for rewriting the text for individual zoning districts will follow the Collegetown Plan
layout. This will facilitate changing out some district area regulations for design standards and allow
the entire Zoning Ordinance to be consistent in its layout of District Regulations.
The Goals of the zoning rewrite are:
(1) To help the DEVELOPMENT process.
(2) To replace OUTDATED REGULATIONS.
(3) To allow for DESIGN STANDARDS to be added to zoning districts, at a later date.
(4) To create a READABLE DOCUMENT.
(5) To CORRECT EXISTING ERRORS.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING & ECONOMIC DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
CA Item #3.2
I plan to establish two groups to rewrite the zoning ordinance. The internal group will be composed
of the Mayor, Planners, and Building Inspectors. These people have participated in establishing
zoning requirements and enforcing provisions. In addition, I am seeking a member of the City
Attorney’s office to help in this endeavor. The working group or general group will be composed of
people with experience in planning and or working with the Zoning Ordinance, and should include a
Common Council Member.
I would like the following people to be on the internal committee:
Gino Leonardi
Jared Pittman
Jennifer Kusznir
JoAnn Cornish
Mayor Myrick
Mike Niechwiadowicz
Ellen McCollister
Noah Demerest
I would like the following people to be on the general rewrite committee:
Ed Cope
Gino Leonardi
Mary Tomlan
Rob Morache
Seph Murtagh
Tom Nix
Sarah Meyers
JoAnn Cornish
I propose rewriting the Zoning Ordinance via the following process of evaluating and rewriting one
section at a time.
1.The process begins by having a selected section of our Zoning Ordinance reviewed by
the internal Committee. They are specifically asked individually to identify textual errors,
what they would add or delete, and what enforcement problems they have encountered
with this section.
2.A list of all the comments made by the internal Committee is created.
2
CA Item #3.2
i “Zoning Best Practices,” the District of Columbia Office of Planning, June 2008, pp. 45-47.
11.Rewritten section becomes part of the Zoning Ordinance.
10.Common Council votes to accept revision of section.
9.Planning & Economic Development Committee reviews/edits it and holds public
hearing.
8.Review Committee brings revised section to Planning & Economic Development
Committee.
7.Review Committees reviews rewritten section and edits.
6.Review Committee writes draft revision of section.
5.The Rewrite Committee reads what has been selected from other ordinances. They
discuss the problems they have identified, how they should be resolved, and what should
be added to the section, including diagrams, illustrations, and other visual aids.
4.While steps two and three are taking place, several Rewrite Committee members
research the enactment history of the section under review, as well as research similar
ordinance sections found in zoning ordinances of other municipalities. Sections that are
particularly well-written or have other useful regulations are selected to be reviewed by
the entire Rewrite Committee.
3.The General Rewrite Committee discusses what problems and errors they have
identified. After reading the problems and errors identified by internal committee
members and the Mayor, the Rewrite Committee makes a comprehensive list of all
problems and errors identified.
3
CA Item #3.2
3.City Administration, Human Resources, and Policy
.3 A Local Law to Increase Income Limits for Eligibility for the Disability Real
Property Tax Exemption
Local Law No. 2013-
Pursuant to an increase in the income ceilings at the State level for disability tax
exemptions, section 300-26(B)(1) of Article V entitled “Disability Exemption” of the City
of Ithaca Municipal Code shall be amended to increase the amount of the partial real
property tax exemption for certain disabled persons.
Section 1:
Section 300-26B (1) of the City of Ithaca Municipal Code is hereby amended to read as
follows:
B. Exemption granted.
(1) Pursuant to the provisions of § 459-c of the Real Property Tax Law of the State of
New York, real property located in the City of Ithaca owned by one or more persons,
each of whom is disabled and whose income is limited by reason of such disability, or
real property owned by a married couple, or siblings, one of whom is disabled and
whose income is limited by reason of such disability, shall be partially exempt from
taxation by said city for the applicable taxes specified in § 459-c based upon the income
of the owner or combined income of the owners. Such partial exemption shall be to the
extent set forth in the schedule following:
Annual Income of Owner Assessed Valuation
or Combined Annual Income of Owners Exempt From Taxation
Up to but less than $29,000 [$28,000] 50%
Up to but less than $30,000 [$29,000] 45%
Up to but less than $31,000 [$30,000] 40%
Up to but less than $32,000 [$31,000] 35%
Up to but less than $32,900 [$31,900] 30%
Up to but less than $33,800 [$32,800] 25%
Up to but less than $34,700 [$33,700] 20%
Up to but less than $35,600 [$34,600] 15%
Up to but less than $36,500 [$35,500] 10%
Up to but less than $37,400 [$36,400] 5%
Section 2. 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 portion.
Section 3. Effective Date.
J:\DRedsicker\AGENDAS \City Admin Comm\2013\9-25 CA Agenda.docx 9/25/13
This Local Law shall take effect immediately in accordance with law upon filing with the
Secretary of State.
J:\DRedsicker\AGENDAS \City Admin Comm\2013\9-25 CA Agenda.docx 9/25/13
3.City Administration, Human Resources, and Policy
.4 An Ordinance to Increase Income Limits for Eligibility for the Real Property
Tax Exemption for Persons over 65
Ordinance 2013-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1.
Pursuant to an increase in the income ceilings at the State level for tax exemptions for
senior citizens, sections 300-1(A)(1) and 300-2(A) of Article I entitled “Senior Citizens
Exemption” of the City of Ithaca Municipal Code shall be amended to increase the
amount of the partial real property tax exemption for certain senior citizens, as follows:
§300-1. Exemption granted.
A. Pursuant to the provisions of §467 of the Real Property Tax Law of the State of New
York, real property in the City of Ithaca owned by one or more persons, each of whom is
65 years of age or over, or real property owned by a married couple or by siblings, one
of whom is sixty-five years of age or over, shall be partially exempt from taxation by the
city based upon the income of the owner or the combined incomes of the owners.
(1) Such partial exemption shall be to the extent set forth in the schedule following:
Annual Income of Owner Assessed Valuation
or Combined Annual Income of Owners Exempt From Taxation
Up to but less than $29,000 [$28,000] 50%
Up to but less than $30,000 [$29,000] 45%
Up to but less than $31,000 [$30,000] 40%
Up to but less than $32,000 [$31,000] 35%
Up to but less than $32,900 [$31,900] 30%
Up to but less than $33,800 [$32,800] 25%
Up to but less than $34,700 [$33,700] 20%
Up to but less than $35,600 [$34,600] 15%
Up to but less than $36,500 [$35,500] 10%
Up to but less than $37,400 [$36,400] 5%
(2) The partial exemption provided by this article shall, however, be limited to such
property and persons as meet the conditions, exclusions and limitations set forth in
§467 of the Real Property Tax Law of the State of New York.
§300-2. Limitations on exemption.
No exemption shall be granted:
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A. If the income of the owner or the combined income of the owners of the property
exceeds the sum of $37,400 [$36,400] for the income tax year immediately preceding
the date of making application for exemption as consistent with the schedule provided in
§300-1A. "Income tax year" shall mean a twelve-month period for which the owner or
owners filed a federal personal income tax return or, if no such return is filed, the
calendar year. Where title is vested in either spouse, their combined income may not
exceed such sum. Such income shall include social security and retirement benefits,
interest, dividends, total gain from the sale or exchange of a capital asset in the same
income tax year, net rental income, salary or earnings and net income from self-
employment but shall not include a return of capital, gifts or inheritances. In computing
net rental income and net income from self-employment, no depreciation deduction
shall be allowed for the exhaustion, wear and tear of real or personal property held for
the production of income.
Section 2. Severability.
If any section, sentence, clause or phrase of this law is held invalid or unconstitutional
by any court of competent jurisdiction, it shall in no way affect the validity of any
remaining portions of this law.
Section 3. Effective Date
This ordinance shall take effect immediately and in accordance with law upon
publication of notices as provided in the Ithaca City Charter.
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To: City Administration Committee
From: Debra A. Parsons, City Chamberlain
Re: Partial tax exemption
Date: September 11, 2013
New York State Real Property Tax Law allows municipalities to grant partial tax exemptions of 5% to 50%
of taxable value for senior citizens (under Section 467 of RPTL) and for persons with disabilities (under
Section 459 of RPTL) based on income. New income limits were authorized by New York State. The
following local law and ordinance will amend City code to increase the income limits to those authorized
by state law.
Section 459 requires a local law. Section 467 requires a local law or ordinance. Both require a public
hearing.
The change, if passed, with affect assessments as of March 1, 2014 and taxes levied for 2015.
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
CA Item #3.4
3.City Administration, Human Resources, and Policy
.5 Request to Enact a City Policy for all City-owned Vehicles to Give Cyclists and Other
Vulnerable Road Users at Least Three Feet of Space When Passing Them
WHEREAS due to the unclear nature of NYS Vehicle and Traffic Law Section
1122-a in leaving it optional to the driver to decide what a safe passing distance of cyclists or
other road-users it shall therefore be
RESOLVED, That drivers of all City of Ithaca owned vehicles, when overtaking from behind, a
bicycle, pedestrian, or other road user proceeding on the same side of a roadway shall pass to the
left of such bicycle, pedestrian or other non-motorized road user at a safe distance of a minimum
of three feet until safely clear; and be it further
RESOLVED, That the City of Ithaca shall take proactive steps to educate drivers of its vehicles
in the "Give Me 3 feet" policy.
J:\DRedsicker\AGENDAS \City Admin Comm\2013\9-25 CA Agenda.docx 9/25/13
4.Finance, Budget, and Appropriations
.1 DPW - Authorization for Budget Allocation for Green Garage Structural Repairs
WHEREAS, the structural elements of the Green Garage have been structurally compromised
due to automobile crashes and
WHEREAS, a portion of the Green Garage has been unavailable for parking due to the structural
damage, and
WHEREAS, Stantec Consulting Services, Inc. has developed design details and specifications
for repair of the damaged structural elements, and
WHEREAS, Public Works staff has requested and received proposals for undertaking repairs to
the structural elements of the Green Garage, and
WHEREAS, engineering staff estimates that the cost of such design and repairs will not exceed
$70,000; now therefore, be it
RESOLVED, That Common Council hereby amends Capital Project #469 Green Street Garage
Improvements by an amount not to exceed $70,000 for design and construction services
necessary for the repair of the damaged structural elements of the Green Garage, and be it futher
RESOLVED, That funds necessary for said $70,000 amendment shall be derived from a
combination of funds from Capital Reserve #14 Parking Areas, insurance recoveries and the
issuance of Serial Bonds.
J:\DRedsicker\AGENDAS \City Admin Comm\2013\9-25 CA Agenda.docx 9/25/13
To: Common Council
From: Tom West
Date: September 10, 2013
Re: Structural Repairs to Green Garage
This is a recommendation to authorize funding for structural repairs to the Green
Garage caused by automobile crashes in the structure. The funding shall cover
design expenditures as well as the cost of repairs. The total amount requested is
$70,000.
On January 18, 2013 a motorist crashed into a column on the westerly end of the
Green Parking Garage. This crash severely compromised the structural integrity of
the column and damaged the anchoring system for the barrier strands. The area
around the column has been closed to parking and vehicular movement since the
crash.
Similar damage was done to a column on the south façade of the garage at an
unknown time due to an unreported crash.
Gary Garwig, PE of Stantec Consulting Services, Inc was requested to prepare an
analysis of the damaged columns and detailed drawings and outline specifications for
repair. The fee for professional services is $15,794.
Several construction firms specializing in structural concrete repairs were asked to
submit proposals for making repairs. The lowest proposal was from Crane-Hogan
Structural Systems of Weedsport, NY. Crane-Hogan is currently working on the
Priority 2 Repairs at the Seneca Garage.
The total budget request, including contingency of 10%, is $70,000. It is anticipated
that some compensation will be received from the motorist who damaged the westerly
column.
CA Item #4.1
BUDGET
GREEN GARAGE COLUMN REPAIRS TWW 9/11/2013
Pre-BidCommittedCommittmentsCommittments
Budget ExpendedRemaining
PROFESSIONAL SERVICES
Architect - Plans & Specs $15,794.00$0.00$0.00 $0
Testing $0.00$0.00$0.00 $0
Contingency $0 $0
$15,794 $0 $0 $0
CONSTRUCTION CONTRACTS
Contract 1 $47,683.00 $0 $0 $0
Contract 2 $0.00 $0 $0 $0
Contract 3 $0.00 $0 $0 $0
Contract 4 $0.00 $0 $0 $0
contingency 10%$4,768 $0 $0 $0
$52,451 $0 $0 $0
IN-HOUSE
Inspection $1,000 $0 $0
Miscellaneous reimbursibles $200 $0 $0 $0
Finance 1%$684 $0 $0 $0
$1,884 $0 $0 $0
TOTAL $70,130 $0 $0 $0
Funding source CP $70,000.00
Add'l funding 2013CP $0.00
Total Funding.........................................................................................................................$70,000.00
Total Committments expended and remaining + Proposed...................................................$0.00
Remaining funds...............................................................................................................$70,000.00
CA Item #4.1
Stantec Consulting Services Inc.
61 Commercial Street
Rochester NY 14614
Tel: (585) 475-1440
Fax: (585) 272-1814
January 4, 2012
City of Ithaca
Department of Public Works
108 E. Green Street
Ithaca, New York 14850
Attention: Tom West
Dear Tom:
Reference: Green Street Parking Garage
Proposal for Barrier Cable Repairs
We are pleased to submit our proposal for Engineering Services for Construction Documents,
Bidding and Construction Observation for Barrier Cable Repairs for the two (2) failed locations at
the Green Street Parking Garage.
BACKGROUND:
Two lengths of Barrier Cable had failed at two different times. The first occurred in 2009 at the
north side of the west end of the garage at the second level. It was related to a vehicle impact
incident and reported by Elwyn & Palmer in a letter dated October 18, 2009. The second incident
occurred in 2011 and was located at the south side of the eastern third of the garage at Level 2 and
was reported by a Site Observation Report by Elwyn & Palmer dated February 13, 2011.
A Warranty Report by Walker Parking dated February 3, 2010 indicated reported on site
observations on damaged barrier cable anchorage. The letter report stated that the installed barrier
cables were not consistent with the contract design documents. It recommended two repair details,
one to address the failed condition occurring in 2009 at grid E1-C Levels 2 and 3 and the second to
address column cracks at grid W7/C, W7/A and E1/A on Levels 2 and 3.
PRELIMINARY STANTEC EVALUATION:
Stantec performed preliminary structural analysis of the various field conditions and the documents
provided and have arrived at the following conclusions:
1.All pre-stressed cable barrier not placed on column centerline overstresses the column and
fails to meet ACI-318-11-6-1.
a.This situation also occurs at many locations which have not failed.
2.Failed columns used for the barrier rail attachment were overstressed by 1200% in torsion
Two preliminary Options to be considered include the following:
CA Item #4.1
January 4, 2012
Tom West
Page 2 of 3
Reference: Green Street Parking Garage
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20120103.docx
1.Option 1: Install post based guardrail system at failed locations avoiding adding prestress
forces to column slabs.
2.Option 2: Install a cable barrier stand system independent of the columns. We do not
consider a column attachment a reasonable approach consideration the torsion overstress.
Many of the columns have already been compromised the torsion forces. The most likely
solution would be similar to the proposed system by Walker Parking where a post support
system is attached to the slab via a plate of sufficient size and anchorage. .
Another option would be to reinforce the existing barrier wall but this direction would have been
more attractive during reconstruction.
SCOPE OF SERVICES:
Contract Documents
We are prepared to develop Contract Documents to repair the two (2) failed barrier strands
evaluating the options discussed above. It is likely that the repair includes both Option 1 and
Option 2 for each of the two conditions along with repairs to the existing damage columns. The
proposed work is as follows:
Analysis and Options Recommendation
Prepare 60% design drawings and specifications for review
Prepare Final Design Drawings and specifications for bidding purposes. It is assumed that
the City of Ithaca will prepare the Front End documents.
Our deliverable was drawing files and technical specifications sent electronically and sealed
drawings for Permit.
Bidding
We will evaluate a bid tab prepared by the City and provide commentary on the bid results.
Construction Phase
We will collaborate with the City of Ithaca and propose providing select Construction Phase
Services. Construction phase services include:
Shop Drawing and Submittal review
Stantec site visits (Based on 2)
Closeout
ASSUMPTIONS:
1.Design and Contract Documents to address repairs will only address the two failed loctions.
The repair details may be applicable to other locations but each will need to be studied in
detail to address all conditions.
2.Design drawings by Carl Walker are available for our review
3.CAD files of exiting floor plans are available to use.
CA Item #4.1
January 4, 2012
Tom West
Page 3 of 3
Reference: Green Street Parking Garage
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20120103.docx
4.The City of Ithaca will prepare the Front End documents and will print and issue bid
documents to prospective bidders
5.The City of Ithaca will perform Construction Phase inspection with assistance from Stantec.
6.Stantec will provide two (2) site visits during Construction
7.Stantec analysis and repair of cracked columns at other reinforcing strands Is not included.
FEE:
All work will be performed for a fee equal to payroll costs times a factor of 3.0 to provide for
overhead, other costs and profit with an upset as noted. Approved reimbursable expenses and
outside services would be billed at 1.0 times our direct costs. We assume that the work will be
performed under the new contract.
LABOR COSTS (DIRECT LABOR X 3.00)
TASK
Estimated Fee
Analysis and Contract Documents $11,030
Bid Phase $780
Construction Phase $3,500
Subtotal $15,310
An estimate of our Reimbursable Expenses is a follows:
Reimbursable Expenses (Using a 1.0 multiplier)
Mileage 4 trip x 220 miles x $0.55/ mile $484
Expenses Subtotal $484
Total Proposal – Not-to-exceed Labor Costs plus Expenses - $15,794
Please contact us if you have any questions or concerns
Sincerely,
STANTEC CONSULTING SERVICES INC.
Gary Garwig, P.E.
Senior Engineer
Tel: (585) 413-5363
Fax: (585) 272-1814
gary.garwig@stantec.com
CA Item #4.1
CA Item #4.1
CA Item #4.1
CA Item #4.1
4.Finance, Budget, and Appropriations
.2 Chamberlain’s Office – Request to Purchase Office Equipment
WHEREAS, the City Chamberlain’s Office uses various office equipment to perform its
functions, and
WHEREAS, the Chamberlain’s Office printing equipment has exceeded the useful life of the
current equipment by over five years, and
WHEREAS, it was anticipated that the office printer equipment was going to be replaced in
2014, but the equipment is failing prior to the 2014 budget cycle, and
WHEREAS, that office equipment needs to be replaced, either with new equipment or with a
service provider, prior to the 2014 tax billing process, and
WHEREAS, the funds needed for said printer purchase can be transferred from unrestricted
contingency, which currently has a balance of $105,000; now, therefore, be it
RESOLVED, That Common Council amends the City Chamberlain’s budget as follows:
Increase A1317-5210 $5,062 (purchase of a new printer and signature key)
A1317-5435 $810 (contract to provide service)
A1317-5476 $300 (maintenance contract for two printers)
$6,172
and be it further
RESOLVED, That Common Council hereby transfer an amount not to exceed $6,172 from
Account A1990 Unrestricted Contingency to the above state accounts.
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To: City Administration Committee
From: Debra Parsons, City Chamberlain
Re: Request for Funding to Replace Office Equipment
Date: September 13, 2013
The Chamberlain’s office currently has two production printers: an HP 8100 that is used primarily to print accounts payable
checks, payroll checks, and payroll direct deposit advices, and an HP 9050 that is used to print water, tax and miscellaneous
receivable bills. Both printers are used to print reports and other documents as needed.
The HP 9050 was purchased as part of the Govern project in late 2004. The HP 8100 predates that printer. These printers
have not been replaced in the past because they were working, and because of budget considerations. Both printers are
beginning to fail, and we have been spending money on maintenance. I don’t dare wait at this point until the 2014 budget.
We can replace both printers with one production printer and another printer that we can acquire using HP reward points.
Our printer vendor and support staff at Munis recommend an HPM603xh printer as the production printer, at a cost of
$3,412.00. The cost of the USB signature drive for checks is $1,650, for a total of $5,062.00, and an estimated quarterly
maintenance fee of $150. We estimate the maintenance on the “free” printer at about $150 each quarter as well. I am
requesting that funding so that we can replace these printers as soon as possible.
In addition, we use a folder/inserter to prepare bills for mailing. The folder/inserter is in excess of 13 years old (it has a Y2K
compliant sticker on it!) It too would need to be replaced before we start the tax billing process if we were going to produce
bills in house, as the cost of repairing it has become prohibitive. However, I have received a proposal from IMS, Inc., in
conjunction with NYSID, to print and mail our various bills, which will save us from $.03 to $.10 per bill. We will need
funding to pay for the service. We need the printer in either case.
WHEREAS, the City Chamberlain’s office need uses various office equipment to perform its functions, and
WHEREAS, that office equipment needs to be replaced, either with new equipment or with a service provider, prior to the
2014 tax billing process; now, therefore, be it
RESOLVED, that Common Council amends the City Chamberlain’s budget as follows:
Increase A1317-5210 $5,062.00 (purchase of a new printer and signature key)
A1317-5435 810.00 (contract to provide service)
A1317-5476 300.00 (maintenance contract for two printers)
And be it further
RESOLVED, that the funding for the above increases be transferred from the Unrestricted Contingency account.
City of Ithaca
Office of the Chamberlain
108 East Green Street, Ithaca, NY 14850
Ph: 607 274-6580 Fax: 607 272-7348
CA Item #4.2
4.Finance, Budget, and Appropriations
.3 2013-2014 Civil Service Agreement with the Ithaca City School District
RESOLVED, That the Mayor and City Controller be authorized and directed to execute an
agreement between the City of Ithaca and the Ithaca City School District for performance by the
City for services in connection with Civil Service matters, for the period July 1, 2013, to June 30,
2014, in an amount of $63,637, payable to the City of Ithaca on or before November 1, 2013.
J:\DRedsicker\AGENDAS \City Admin Comm\2013\9-25 CA Agenda.docx 9/25/13
AGREEMENT
THIS AGREEMENT made the day of , 2013, by and between the CITY OF ITHACA, a
municipal corporation of the State of New York, hereinafter referred to as the “City”, party of the
first part, and CITY SCHOOL DISTRICT, CITY OF ITHACA, a municipal corporation of the
State of New York, hereinafter referred to as the “School District”, party of the second part.
WITNESSETH:
WHEREAS, the Board of Education of the School District desires to enter into a contract
with the City for the performance by the City of certain services, to avoid duplication and
unnecessary expense, particularly services in connection with Civil Service matters on behalf of
the School District, pursuant to Section 2503, subparagraph 16, of the New York Education Law,
and
WHEREAS, the total number of classified Civil Service employees on the payrolls of the
City and the City School District for the final payroll period in December 2012 was 872, and
WHEREAS, the actual annual expenditures for the Civil Service Commission of the City
of Ithaca for the 2012 fiscal year of the City was $ 115,117;
NOW, THEREFORE, the parties hereto agree as follows:
1.That for the services rendered and to be rendered by the City for the School
District during the School District fiscal year, which is July 1, 2013, through June
30, 2013, the School District shall pay to the City a lump sum of $ 63,637,
payable on or before November 1, 2013.
2.In consideration of such payment, the City agrees:
(a) to furnish the School District the part-time services of the Civil Service
Commission of the City of Ithaca and the members of its staff, and the
City Clerk and the members of her staff; and
CA Item #4.3
(b) to handle the records and perform any other necessary Civil Service
services relating to Board of Education employees in the classified
service, including examinations and tests when required.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF ITHACA, NEW YORK
B y: ________________________
Mayor
ATTEST:
________________________
City Clerk
CITY SCHOOL DISTRICT
CITY OF ITHACA, NEW YORK
B y: ________________________
Assistant Superintendent of Business Services
ATTEST:
________________________
School District Clerk
CA Item #4.3
CA Item #4.3
4.Finance, Budget, and Appropriations
.4 Controller’s Office – Amend Budget for 2013 Living Wage Adjustments
WHEREAS, the 2013 Budget included $44,000 in Restricted Contingency to fund the necessary
wage increases for Living Wage Certification effective July 1, 2013 as determined by the
Tompkins County Workers Center, and
WHEREAS, the City has started making the necessary wage adjustments to various City
Departments including the Ithaca Youth Bureau, Greater Ithaca Activities Center (GIAC) and the
Department of Public Works (DPW), and
WHEREAS, the necessary living wage adjustments will be included in the 2014 budget and
future budgets as necessary, and
WHEREAS, the wage adjustments need to be accounted for in the 2013 budget with transfers
from the Restricted Contingency Account; now therefore be it
RESOLVED, That Common Council hereby transfers an amount not to exceed $44,000 from
Account A1990 Restricted Contingency to the following accounts to fund the necessary wage
adjustments for the Living Wage Certification:
Increase Appropriation Accounts:
A7310-5120 Youth Bureau Hourly P/T Various Programs $18,500
A7311-5120 GIAC Hourly P/T Various Programs $17,000
A7111-5120 DPW Parks & Forestry $6,500
A5010-5120 DPW Streets Administration $2,000
$44,000
J:\DRedsicker\AGENDAS \City Admin Comm\2013\9-25 CA Agenda.docx 9/25/13
4.Finance, Budget, and Appropriations
.5 Common Council - A Local Law to Override the Tax Levy Limit Established in General
Municipal Law
Local Law No. _________ of the year 2014
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Intent
It is the intent of this local law to allow the City of Ithaca to adopt a budget for the fiscal
year commencing January 1, 2014, that requires a real property tax levy in excess of
the “tax levy limit” as defined by General Municipal Law §3-c.
Section 2. Authority
This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c,
which expressly authorizes a local government’s governing body to override the
property tax cap for the coming fiscal year by the adoption of a local law approved by a
vote of sixty percent (60%) of said governing body.
Section 3. Tax Levy Limit Override
The Common Council of the City of Ithaca, County of Tompkins, New York, is hereby
authorized to adopt a budget for the fiscal year commencing January 1, 2014, that
requires a real property tax levy in excess of the amount otherwise prescribed in
General Municipal Law §3-c.
Section 4. Severability
If a court determines that any clause, sentence, paragraph, subdivision, or part of this
local law or the application thereof to any person, firm or corporation, or circumstance is
invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or
invalidate the remainder of this local law, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, or part of this local law or in its application to
the person, individual, firm or corporation or circumstance, directly involved in the
controversy in which such judgment or order shall be rendered.
Section 5. Effective date
This local law shall take effect immediately upon filing with the Secretary of State.
J:\DRedsicker\AGENDAS \City Admin Comm\2013\9-25 CA Agenda.docx 9/25/13
To: Chris Proulx, City Administration
From: Cynthia Brock, First Ward Alderperson
Date: 09 September 2013
RE: Request to restrict the installation and operation of outdoor wood boilers/hydronic
heaters in all City zones
On behalf of the Nuisance Smoke working group (comprised of Fire Chief Tom Parsons,
Building Commissioner Mike Niechwiadowicz, Intern Lee Ann Hill and me), I am writing to
request to discuss before the City Administration Committee the request to have Planning
and Building Department staff evaluate and draft City-wide zoning prohibiting the
installation and operation of outdoor wood boilers (OWBs), officially known as hydronic
heaters.
On May 20, 2013, Mike Niechwiadowicz and I met with Mayor Myrick to discuss this request,
and received the Mayor’s support, pending staff availability. We are bringing this to the
Committee so that we can provide staff direction on this matter to enable legislation to be
put in place prior to the installation of the first OWB within the City.
OWBs are large wood-burning units that
are installed outside homes for the
purpose of creating hot water to heat
one or more homes. While considered
an inexpensive heating method, OWB’s
design promotes a cooler, slow burning
fire which does not achieve peak
combustion, resulting in high levels of
smoke and creosote emissions, as well
as nuisance smells.1 Owners of OWBs
sometimes burn trash, plastic and other
inappropriate materials in their units which increases smoke and pollutant levels.
It is estimated that when used properly, OWBs produce 4x the particulate pollution as
conventional woods stoves and 12x that of EPA-certified wood stoves.2
OWBs wood boilers are becoming increasingly popular regionally and nationwide, and it is
the position of the working group that the City should proactively prohibit the installation
and operation of outdoor wood boilers in an effort to protect and enhance Ithaca’s air
quality in our urban environment.3
1 http://www.woodheat.org/outdoor-boilers.html (accessed 26 Apr 2013)
2 “Smoke Gets in Your Lungs:Outdoor Wood Boilers in New York State” NY State Office of Attorney General (Aug 2005)
http://www.health.state.mn.us/asthma/documents/05nysmokeyourlungs.pdf (assessed 26 Apr 2013)
3 Dean Solomon, “Should local governments regulate outdoor wood boilers? – Part 1,” Michigan State Extension (28 Feb 2013),
http://msue.anr.msu.edu/news/should_local_governments_regulate_outdoor_wood_boilers_part_1 (accessed 26 Apr 2013)
CA Item #6.1
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CA Item #6.1
Wood Burning in the City of Ithaca
Background The issue before us relates to the circumstances faced this past winter (2011-2012) whereby two households in the City – located in Fall Creek and South Hill – installed new EPA-certified wood stoves in compliance with City building code, but the emissions from these wood stoves negatively affected the health of neighboring residents. Complaints were filed with the City and County and included: photos; burn logs; weather logs; descriptions of color; smell and prevalence throughout the home; and medical visits and treatments; and doctor diagnoses that ill health resulted from exposure to smoke and doctor recommendations to reduce smoke exposure. Upon investigation into the complaints by the City Building Department it was determined that City building code regulations pertain directly to the proper installation of wood stoves. In this case the wood stoves were property installed, inspected, permitted and EPA-certified. It was further determined by the City Attorney that the complaint of smoke falls under the jurisdiction of the County Department of Health. Investigations into complaints on South Hill conducted by the County Department of Health in 2012 had the following results:
•In 3 of 5 visits DOH and DEC inspectors did not witness the offending smoke. This may havebeen due to the timing of the visit (investigations were days/hours after complaint made, residents were not home, no fire occurring and/or no smoke visible)
•In 2 of 5 visits smoke was witnessed by DOH and deemed not significant
•Photographic evidence given by neighbor of smoke entering into adjacent properties were notaccepted as evidence by DOH of significant smoke
•Medical records and reports were not admitted as evidence of significant negative impacts ofwood smoke by DOH (“difficult to prove causality for health effects”)
•DOH recommended No action.In the winter of 2012 CCE and the City of Ithaca engaged in an educational campaign to promote effective wood burning techniques. “Better Burning Techniques” fliers were distributed with water bills throughout the City. CCE’s Guillermo Metz provided educational resources through their website www.ccetompkins.org/energy/heating-wood, and also applied for a grant to assist in the costs of upgrading wood stoves to pellet stoves. In April 2013, IFD investigated complaints on South Hill 3 times during a single week and determined the following:
•No indication that improper fuel was being used in the wood stove
•Smoke appeared to be consistent with normal use of the wood stove
•Investigation of the use of the wood stove in progress showed that appropriate fuel was beingused in the stove
•Photos of smoke were deemed to be consistent with increased smoke emitted during the initialburn or refueling stage
•IFD determined that the neighbors were using the stove appropriately and no violations for useof the stove were found.Several geographical conditions may contribute to the circumstances surrounding these cases. In Fall Creek, houses are built quite close to each other, with emissions having immediate proximity to
1 19-Sep-13
CA Item 6.1
neighboring windows and openings. In South Hill, the hillside and regulated smoke stack height causes emissions to be at the same or slightly lower level than neighboring windows and openings. Weather conditions such as wind and/or inversion levels may also direct smoke into neighboring homes rather than dispersing above. In the case of Fall Creek, smoke conditions have compelled the property owners to sell their home.
Challenges Structurally within the City code, the legislation governing wood smoke lies solely within the building code. Although §201-25 of the code states that “Fuel-burning heat-producing equipment shall be installed and maintained so that the emission or discharge into the atmosphere of smoke, dust, particles, odors or other products of combustion will not create a nuisance or be detrimental to the health, comfort, safety or property of any person”, the building department: 1.Does not have personnel who are trained and certified in EPA Method 9 to observe andwarrant that smoke emissions comply or exceed acceptable ranges of opacity specified in Federal and County regulations, 2.Does not have jurisdiction or qualification to monitor or evaluate the negative healthimpacts of wood smoke. 3.The code does not specify how to determine if emissions qualify as a “nuisance or (be)detriment(al) to the health, comfort, safety or property of any person”. Finally, the City does not currently have a penalty structure in place to impose a fine or citation against the emitter of wood smoke if the emitter is found to be in violation of the code.
What now ?
~~Consider banning the use of wood stoves or fireplaces in all or part of the City? NY State Building Code does not require wood stoves and fireplaces to be EPA Certified. If the City chose to regulate wood stoves or fireplaces, it would need to be done through zoning. I believe that if the City were to prohibit the use of existing wood stoves and fireplaces in all or part of the City, it would constitute a ban. I understand that depriving a resident of a use or right which they currently possess (the ability to use their existing wood stove/fireplace) constitutes a taking of private property through the power of eminent domain.
~~Consider prohibiting new installations of wood stoves or fireplaces in all or part of the City? Existing wood stoves and fireplaces would continue as non-compliant with zoning, and would not limit their use or impact on others. This would not remedy the existing situation.
~~Require all new wood stoves or fireplaces to be EPA Certified? I believe that if the City were to set a higher standard for wood stoves or fireplaces, this would exceed NYS Building Code requirements and may require NYS Legislative approval.
~~Consider defining quantifiable thresholds for nuisance?
I believe if nuisance standards are set they should be quantifiable, easily measurable, and clearly defined.
~~Work to help residents replace their fireplaces and wood stoves with pellet stoves? I believe that unlike wood stoves or fireplaces, the fuel for and operations of pellet stoves are easier to control resulting in less potential for operator error and fewer emissions. This avenue would require funding to offset the costs, and benefit from a system to remove the old wood stove from circulation.
2 19-Sep-13
CA Item #6.1
Relevant rules and regulations: CITY OF ITHACA -- §201-25 Housing Standards (B) Smoke control. Fuel-burning heat-producing equipment shall be installed and maintained so that the emission or discharge into the atmosphere of smoke, dust, particles, odors or other products of combustion will not create a nuisance or be detrimental to the health, comfort, safety or property of any person. TOMPKINS COUNTY -- Article IX of the Sanitary Code (§S-9.01 “No person shall discharge into the outdoor air any contaminants, smoke or other material that may cause nuisance, injury or endanger the health and safety of any person.”) (nuisance to) any considerable number of persons -- such
discharges shall be controlled by all available technology NYS DEC -- Wood stoves are regulated by US EPA (see below). only EPA certified wood stoves can be sold by a distributor in NY State. Chapter III Air Resources Part 211. §211.1 Air pollution prohibited. No person shall cause or allow emissions of air contaminants to the outdoor atmosphere of such quantity, characteristic or duration which are injurious to human, plant or animal life or to property, or which unreasonably interfere with the comfortable enjoyment of life or property. Notwithstanding the existence of specific air quality standards or emission limits, this prohibition applies, but is not limited to, any particulate, fume, gas, mist, odor, smoke, vapor, pollen, toxic or deleterious emission, either alone or in combination with others. §211.2 Visible emissions limited. Except as permitted by a specific part of this Subchapter and foropen fires for which a restricted burning permit has been issued, no person shall cause or allow any air contamination source to emit any material having an opacity equal to or greater than 20 percent (six minute average) except for one continuous six-minute period per hour of not more than 57 percent opacity. (57% for household nuisances vs. 27% for industrial sites creating 1million BTU) §227-1.3 Opacity. (a) No person shall operate a stationary combustion installation which exhibitsgreater than 20 percent opacity (six minute average), except for one six-minute period per hour of not more than 27 percent opacity. (b) Compliance with the opacity standard may be determined by: (1) conducting observations in accordance with Reference Method 9; (2) evaluating Continuous Opacity Monitoring System (COMS) records and reports; and/or (3) considering any other credible evidence.
NY State DEC Outdoor Wood Boilers (Part 27)
§247.5 Residential-size new outdoor wood boilers. (b) Setback. A residential-size new outdoor wood
boiler shall not be located less than 100 feet from the nearest property boundary line.
(1) Notwithstanding the above, a residential-size new outdoor wood boiler installed on contiguous
agricultural lands larger than five acres shall not be located less than 100 feet or more from the nearest
residence not served by the outdoor wood boiler.
US EPA -- New Source Performance Standard (40 CFR 60, Subpart AAA) (§60.530 The affected facility
to which the provisions of this subpart apply is each wood heater manufactured on or after July 1, 1988
(not including masonry fireplaces constructed on site, boilers, furnaces and cook stoves). §60.532 (1) An
affected facility equipped with a catalytic combustor shall not discharge into the atmosphere any gases
which contain particulate matter in excess of a weighted average of 4.1 g/hr (0.009 lb/hr). (2) An affected
facility not equipped with a catalytic combustor shall not discharge into the atmosphere any gases which
contain particulate matter in excess of a weighted average of 7.5 g/hr (0.017 lb/hr).
3 19-Sep-13
CA Item #6.1