HomeMy WebLinkAbout10-23-13 City Administration Committee AgendaIf you have a disability that will require special arrangements to be made in order for you to fully participate in the
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CA Meeting
City Administration Committee
DATE: October 23, 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
(6:15p.m.)
2. Standing Sub-Committee and Staff Reports
3. City Administration, Human Resources, and Policy
3.1 Attorney’s Office – Community Gardens – An Yes Ari Lavine, City Attorney 45 Min
Ordinance Approving a Lease of City-owned
Property
3.2 Common Council – Housing Fund, Funding
Round #7 –Authorize Disbursement of $75,000
Pursuant to an Executed MOU Yes Nels Bohn, IURA Director 10 Min
3.3 DPW Water and Sewer – Amendment to Yes Erik Whitney, Asst. Supt. PW W/S 10 Min
Personnel Roster Utilities Systems Location
Technician position
3.4 DPW – Amendment to Personnel Roster for Yes Erik Whitney, Asst. Supt. PW W/S 10 Min
Civil Engineer position
(7:30p.m)
4. Finance, Budget, and Appropriations
5. 2014 Budget Process/Updates 5 Min
6. Committee Discussion Items 5 Min
7. Meeting Wrap-up
7.1 Announcements No All 5 Min
7.2 Review Agenda Items for next meeting No
7.3 Adjourn Yes
(7:45p.m.)
Committee Charge: The CA committee will:
Review financial and administrative issues pertaining to the City, along with items relating to the City of Ithaca workforce environment, intergovernmental relations
and human resource
J:\DRedsicker\AGENDAS \City Admin Comm\2013\9-25 CA Agenda.docx 9/25/13
ORDINANCE __-2013
An Ordinance Approving a Lease of City-Owned Property
WHEREAS, the City of Ithaca/Ithaca Urban Renewal Agency (IURA) executed a
Purchase Agreement with Building Links, Inc. in 1999 for approximately eight
acres of undeveloped land zoned I-1 located in Carpenter Business Park (CBP),
which gave Building Links, Inc. an option (the “Option”) to purchase Carpenter
Business Park Tax Parcel 36.-1-3.4, which Option was subsequently defined in a
2002 agreement;
WHEREAS, the City leased CBP Tax Parcel 36.-1-3.4 to Project Growing Hope,
Inc. for a twenty-year term expiring on December 31, 2013 for use as a
community garden;
WHEREAS, the City of Ithaca and Project Growing Hope Inc. collaborated to
raise the necessary funds for the creation of a community garden at CBP Tax
Parcel 36-1-3.4;
WHEREAS, the City of Ithaca, in anticipation of future development invested
over $500,000 to build the infrastructure necessary for commercial development
in the former Carpenter Business Park;
WHEREAS, included in the sale of Carpenter Business Park was a purchase
option of the City owned parcels leased by Project Growing Hope, Inc., which
option could only be exercised during the term of the lease with the approval of
Project Growing Hope, Inc.;
WHEREAS, upon expiration of the lease, said option could be exercised if the
Common Council decided not to extend or renew the lease with Project Growing
Hope, Inc.;
WHEREAS, it is generally agreed upon that the Carpenter Business Park is an
appropriate location for economic development;
WHEREAS, Building Links, Inc. provided notice and payment dated July 1, 2013
of its intent to exercise the purchase option, said exercise effective only in the
event that Project Growing Hope, Inc. is not in possession of an executed lease
effective January 1, 2014;
WHEREAS, Project Growing Hope, Inc. has approached the City requesting
renewal of the lease;
WHEREAS, it is generally agreed that community gardening is a valuable public
benefit for City residents;
WHEREAS, General Municipal Law Section 96 recognizes that allowing City-
held lands to be used for community gardening is a valid exercise of municipal
powers and grants the City the right to make such lands available for community
gardening for such period of time and under such conditions as it determines;
WHEREAS, the Common Council, on September 19, 2012, directed the Mayor
and City Attorney to negotiate a new lease agreement with Project Growing
Hope, Inc. for the Carpenter Business Park community garden;
WHEREAS, the Common Council resolved that the City’s renewed agreement
with Project Growing Hope Inc. would include specific conditions that, when all
met, would allow early termination of the lease:
• Final Site Plan approval by the City of Ithaca Planning Board for the
development of the lands comprising the Carpenter Business Park, of which the
parcel leased to Project Growing Hope, Inc. is included, and;
• A signed agreement with the developer for above-mentioned Site Plan
that provides the City with an easement for a future public roadway that would
connect Cascadilla Street to Third Street, through the proposed project site, in
order to facilitate and safely manage traffic impacts of additional development in
the vicinity, and;
• Successful negotiations between the City and the developer for an agreed
upon cost to be paid by the developer and to be solely used by the City for
relocation, construction, and the establishment of a management framework for a
substitute garden, and;
• If relevant, submission of written notice of optionee’s intent to exercise the
option to acquire the Community Garden parcel pursuant to the “Option to
Purchase Real Property” agreement between the City of Ithaca and Building
Links, Inc., dated February 2002;
WHEREAS, Upon further discussion and consideration of a proposed lease, the
City Administration Committee has indicated its preference that the Common
Council authorize the execution of a lease without the specific terms and
conditions for early termination contained in the September 19, 2012 resolution;
and,
WHEREAS, the City of Ithaca and Project Growing Hope Inc. acknowledge that
relocating the community gardens in the future to an, as of yet, undetermined site
or sites will require additional funding that may exceed what only one party may
be able to raise on its own;
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
Section 1. Legislative Intent and Purpose.
General Municipal Law Section 96 recognizes that allowing community gardening
on suitable City-held lands is a valid exercise of municipal powers, and
authorizes the City to allow individuals, community organizations, and groups to
use such lands for community gardening under such terms and conditions as
determined by the City. Section 96 further provides that the City may charge
certain fees or provide certain services at cost for allowing such community
gardening. The Common Council desires to continue to allow Project Growing
Hope, Inc. to operate the existing community garden at the Carpenter Business
Park at the present time.
The Common Council makes the following findings of fact:
A. The portion of the Carpenter Business Park currently used for a
community garden continues to be an appropriate location for such
use at the present time.
B. Renewing the lease to Project Growing Hope, Inc. for the
continuation of the currently-existing community garden on a
portion of the Carpenter Business Park benefits the City and its
residents, provided that the lease contains terms and conditions
protecting the City’s interests in the use of the parcel, including but
not limited to appropriate provisions for the termination of the lease
by the City.
C. Renewing said lease will provide broad, equal-access availability to
community gardening for the public.
Section 2. Approval and Execution of Lease.
The Common Council repeals the terms and conditions for early termination
specified in its September 19, 2012 resolution. The Common Council approves of
the attached renewed lease agreement granting Project Growing Hope, Inc.
continued use of a portion of Carpenter Business Park as a community garden,
and authorizes and directs the Mayor to execute the attached renewed lease
agreement with Project Growing Hope, Inc. for the Carpenter Business Park
community garden.
Section 3. Effective Date. This ordinance shall take effect immediately upon
publication of the notice as provided in the City of Ithaca Charter.
Please find below two options for consideration, varying the early termination provisions
and escrow requirement. Either of these options could be plugged into the full lease that is
also included for reference, currently reflecting the language of “Option A” below.
OPTION A: TERMINATE TO RELOCATE, USING ESCROW FUNDS
ARTICLE THREE: EARLY TERMINATION
Early Termination By LESSOR:
Notwithstanding any other provisions herein, LESSEE’s right to occupy the subject
premises may be terminated by LESSOR, prior to the end of the demised term of this Lease
Agreement, on written notice to LESSEE, served as provided for in Article 10 hereof, under any
one of the following conditions:
a) If LESSEE shall, at any time [breach the] terms … of this lease …; or
b) If, during the demised term, LESSEE shall be adjudicated a bankrupt …; or
c) LESSOR shall have the right to terminate this Lease Agreement upon at least one
year’s written notice to LESSEE, by resolution of the City Common Council, following an
opportunity for public comment, which resolution shall:
1. Identify, in Common Council’s sole discretion, land in the City of Ithaca
that is suitable to community gardening and available to the lessee for use as a
substitute garden location, the sufficiency, suitability, and availability of which
site or sites shall be determined, after consideration of such factors as site size,
sunlight exposure, and drainage, by resolution and in the sole discretion of the
Common Council, and
2. Commit the City to provide funds, whether via grant or direct
disbursement from General Fund, for the purpose of relocating the Gardens to a
substitute site (or sites) and rebuilding infrastructure thereat, in an amount to be
determined in the sole discretion of the Common Council, and to be supplemented
by the Trust Fund Commitment specified in Article Four hereof; and
3. Be finally approved by the Common Council not less than 30 days after
LESSOR has provided LESSEE notice, in the manner specified in Article Ten
hereof, that the Common Council is considering such a resolution.
or
d) LESSOR shall have the right to terminate this Lease Agreement upon at least one
year’s written notice to LESSEE by resolution of the City Common Council (approved not less
than 30 days after LESSOR has provided LESSEE notice, in the manner specified in Article Ten
hereof, that the Common Council is considering such a resolution) in that event that LESSEE
fails in the performance of its Trust Fund Commitment as specified in Article Four hereof in
either of the following respects:
1. LESSEE fails in any two consecutive years to maintain the specified cumulative
lease-to-date total of contributions in the Trust Fund account, or
2. LESSEE fails in any three years, consecutive or otherwise, to maintain the specified
cumulative lease-to-date total of contributions in the Trust Fund account.
Effect of Early Termination By LESSOR
If terminated by LESSOR under this Article III, the Lease herein and the term thereof
shall automatically cease and terminate at the expiration of the applicable notice period; and it
shall be lawful for LESSOR, at its option, to enter the demised premises or any part thereof and
to have, hold, repossess and enjoy the said premises, and LESSOR shall have the right to recover
the said premises and to remove all persons therefrom by summary proceedings or by any other
legal action or proceedings.
Notwithstanding the provision of one year’s notice in subsections (c) and (d) of this
Article Three, if the effective date of termination of the lease so calculated falls between May 1st
and October 31st of any given year, then in that case the actual date of termination shall be
November 1st of the year following LESSOR's notice of termination.
Early Termination By LESSEE:
LESSEE may terminate this Lease Agreement at any time by giving 30 days written
notice to LESSOR.
ARTICLE FOUR: RENT, TRUST FUND COMMITTMENT
For and in consideration of the leasing aforesaid, LESSEE hereby covenants and agrees
to pay to LESSOR, as and for rent for the leased premises, the sum of $1 per year, which sum is
hereby acknowledged by LESSOR to have been paid in advance at the time of execution of this
Lease Agreement. As and for additional consideration, the substantial value of which is
acknowledged by LESSOR, LESSEE agrees to provide, at its cost, a public community garden
program for the City of Ithaca and its residents, for the term of this Lease, utilizing the leased
premises.
As and for further consideration, LESSEE agrees to maintain a Trust Fund Commitment
as follows, and LESSOR agrees to maintain and administer said Trust Fund as follows:
a) By December 31 in each year of this lease, LESSEE agrees to contribute to a Trust
Fund maintained by the City, as trustee, under the title of Community Gardens
Relocation Trust Fund that amount of money necessary to bring the cumulative lease-
to-date total of contributions to that Fund (not including interest) to no less than the
product of three thousand dollars ($3,000) times the number of years elapsed since
December 31, 2013.
b) The funds resulting from said Trust Fund Commitment, including interest earned
thereon, shall be maintained in said Trust Fund for the purpose of funding a possible
future relocation of the Community Gardens, including possible purchase of land for
the same, of a community gardening program in the City of Ithaca. The parties agree
that these funds shall ultimately be disbursed as follows:
1. If written notice of early termination is instructed by resolution pursuant to
Article Three (c) or (d) hereof, then the Common Council may in the
resolution identified in Article Three (c) or (d) hereof (or a separate resolution
passed within 120 days of said resolution), authorize and direct the City
Controller, in consultation with the Mayor and the City Attorney, to disburse
said funds to LESSOR or such other party as specified in said resolution for
the sole purpose of funding a resolution-specified relocation of the Gardens,
which may include purchase of land or needed infrastructure for the same, of a
community gardening program in the City of Ithaca. LESSEE hereby agrees
to the disbursement of said funds in this manner.
2. If this lease is for any other reason terminated early, then the Common
Council may by separate resolution passed within 190 days of either party
serving notice of termination authorize and direct the City Controller, in
consultation with the Mayor and the City Attorney, to disburse said funds to
LESSOR or such other party as specified in said resolution for the sole
purpose of funding a resolution-specified relocation of the Gardens, which
may include purchase of land or needed infrastructure for the same, of a
community gardening program in the City of Ithaca. LESSEE hereby agrees
to the disbursement of said funds in this manner.
3. If this lease is not terminated early, or if upon early termination no resolution
of Common Council has instructed the disbursement of said funds within the
time limits set out in the two immediately-preceding paragraphs, then said
funds shall be released from the Trust Fund to LESSEE (or to LESSEE’s
successor) for LESSEE’s unrestricted use.
---------------------------------------------------------------------------------------------------------------------
OPTION B: TERMINATE FOR ANY REASON
ARTICLE THREE: EARLY TERMINATION
Early Termination By LESSOR:
Notwithstanding any other provisions herein, LESSEE’s right to occupy the subject
premises may be terminated by LESSOR, prior to the end of the demised term of this Lease
Agreement, on written notice to LESSEE, served as provided for in Article 10 hereof, under any
one of the following conditions:
a) If LESSEE shall, at any time [breach the] terms … of this lease …; or
b) If, during the demised term, LESSEE shall be adjudicated a bankrupt …; or
c) LESSOR shall have the right to terminate this Lease Agreement upon at least one year’s
written notice to LESSEE, by resolution of the City Common Council, resolving to terminate for
any reason or no reason at all. LESSOR shall provide LESSEE at least 30 days notice but not
more than 365 days notice, in the manner specified in Article Ten hereof, that the Common
Council is considering such a resolution, before final approval by the Common Council of such a
resolution.
Effect of Early Termination By LESSOR
If terminated by LESSOR under this Article III, the Lease herein and the term thereof
shall automatically cease and terminate at the expiration of the applicable notice period; and it
shall be lawful for LESSOR, at its option, to enter the demised premises or any part thereof and
to have, hold, repossess and enjoy the said premises, and LESSOR shall have the right to recover
the said premises and to remove all persons therefrom by summary proceedings or by any other
legal action or proceedings.
Notwithstanding the provision of one year’s notice in subsection (c) of this Article Three,
if the effective date of termination of the lease so calculated falls between May 1st and October
31st of any given year, then in that case the actual date of termination shall be November 1st of
the year following LESSOR's notice of termination.
Early Termination By LESSEE:
LESSEE may terminate this Lease Agreement at any time by giving 30 days written
notice to LESSOR.
ARTICLE FOUR: RENT
For and in consideration of the leasing aforesaid, LESSEE hereby covenants and agrees
to pay to LESSOR, as and for rent for the leased premises, the sum of $1 per year, which sum is
hereby acknowledged by LESSOR to have been paid in advance at the time of execution of this
Lease Agreement. As and for additional consideration, the substantial value of which is
acknowledged by LESSOR, LESSEE agrees to provide, at its cost, a public community garden
program for the City of Ithaca and its residents, for the term of this Lease, utilizing the leased
premises.
1
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:
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 other
than the Trust Fund Commitment specified in Article Four hereof, which, on the part of
LESSEE, are or ought to be observed, performed, fulfilled, and, except where a specific time is
herein provided for the performance of any covenant or condition, when such default is not cured
within ninety (90) days after notice and demand have been given pursuant to the provisions of
Article 6 hereto (except that the City may impose a reasonably shorter period for failures or
violations related to life safety matters), LESSOR may at its option, and ninety (90) days notice
in writing terminate this lease, and this lease and the term thereof shall automatically cease and
terminate at the expiration of said ninety (90) day period; or
b) If, during the demised term, LESSEE shall be adjudicated a bankrupt or make a
general assignment for the benefit of creditors, or shall take the benefit of any insolvency act, or
if a temporary or permanent receiver or trustee in bankruptcy is appointed for LESSEE’s
property and such appointment for a temporary receiver is not vacated and set aside within
ninety (90) days from the date of such appointment, or in the event of any attempted transfer or
other devolution of the interest (or any part thereof) of LESSEE, to any other person or
corporation, by reason of the acts and things hereinabove last enumerated, LESSOR may at its
option, and ninety (90) days notice in writing terminate this lease, and this lease and the term
thereof shall automatically cease and terminate at the expiration of said ninety (90) day period;
or
c) LESSOR shall have the right to terminate this Lease Agreement upon at least one
year’s written notice to LESSEE, by resolution of the City Common Council, following an
opportunity for public comment, which resolution shall:
1. Identify, in Common Council’s sole discretion, land in the City of Ithaca
that is suitable to community gardening and available to the lessee for use as a
substitute garden location, the sufficiency, suitability, and availability of which
site or sites shall be determined, after consideration of such factors as site size,
sunlight exposure, and drainage, by resolution and in the sole discretion of the
Common Council, and
3
2. Commit the City to provide funds, whether via grant or direct
disbursement from General Fund, for the purpose of relocating the Gardens to a
substitute site (or sites) and rebuilding infrastructure thereat, in an amount to be
determined in the sole discretion of the Common Council, and to be supplemented
by the Trust Fund Commitment specified in Article Four hereof; and
3. Be finally approved by the Common Council not less than 30 days after
LESSOR has provided LESSEE notice, in the manner specified in Article Ten
hereof, that the Common Council is considering such a resolution.
or
d) LESSOR shall have the right to terminate this Lease Agreement upon at least one
year’s written notice to LESSEE by resolution of the City Common Council (approved not less
than 30 days after LESSOR has provided LESSEE notice, in the manner specified in Article Ten
hereof, that the Common Council is considering such a resolution) in that event that LESSEE
fails in the performance of its Trust Fund Commitment as specified in Article Four hereof in
either of the following respects:
1. LESSEE fails in any two consecutive years to maintain the specified cumulative
lease-to-date total of contributions in the Trust Fund account, or
2. LESSEE fails in any three years, consecutive or otherwise, to maintain the specified
cumulative lease-to-date total of contributions in the Trust Fund account.
Effect of Early Termination By LESSOR
If terminated by LESSOR under this Article III, the Lease herein and the term thereof
shall automatically cease and terminate at the expiration of the applicable notice period; and it
shall be lawful for LESSOR, at its option, to enter the demised premises or any part thereof and
to have, hold, repossess and enjoy the said premises, and LESSOR shall have the right to recover
the said premises and to remove all persons therefrom by summary proceedings or by any other
legal action or proceedings.
Notwithstanding the provision of one year’s notice in subsections (c) and (d) of this
Article Three, if the effective date of termination of the lease so calculated falls between May 1st
4
and October 31st of any given year, then in that case the actual date of termination shall be
November 1st of the year following LESSOR's notice of termination.
Early Termination By LESSEE:
LESSEE may terminate this Lease Agreement at any time by giving 30 days written
notice to LESSOR.
ARTICLE FOUR: RENT, TRUST FUND COMMITTMENT
For and in consideration of the leasing aforesaid, LESSEE hereby covenants and agrees
to pay to LESSOR, as and for rent for the leased premises, the sum of $1 per year, which sum is
hereby acknowledged by LESSOR to have been paid in advance at the time of execution of this
Lease Agreement. As and for additional consideration, the substantial value of which is
acknowledged by LESSOR, LESSEE agrees to provide, at its cost, a public community garden
program for the City of Ithaca and its residents, for the term of this Lease, utilizing the leased
premises.
As and for further consideration, LESSEE agrees to maintain a Trust Fund Commitment
as follows, and LESSOR agrees to maintain and administer said Trust Fund as follows:
a) By December 31 in each year of this lease, LESSEE agrees to contribute to a Trust
Fund maintained by the City, as trustee, under the title of Community Gardens
Relocation Trust Fund that amount of money necessary to bring the cumulative lease-
to-date total of contributions to that Fund (not including interest) to no less than the
product of three thousand dollars ($3,000) times the number of years elapsed since
December 31, 2013.
b) The funds resulting from said Trust Fund Commitment, including interest earned
thereon, shall be maintained in said Trust Fund for the purpose of funding a possible
future relocation of the Community Gardens, including possible purchase of land for
the same, of a community gardening program in the City of Ithaca. The parties agree
that these funds shall ultimately be disbursed as follows:
5
1. If written notice of early termination is instructed by resolution pursuant to
Article Three (c) or (d) hereof, then the Common Council may in the
resolution identified in Article Three (c) or (d) hereof (or a separate resolution
passed within 120 days of said resolution), authorize and direct the City
Controller, in consultation with the Mayor and the City Attorney, to disburse
said funds to LESSOR or such other party as specified in said resolution for
the sole purpose of funding a resolution-specified relocation of the Gardens,
which may include purchase of land or needed infrastructure for the same, of a
community gardening program in the City of Ithaca. LESSEE hereby agrees
to the disbursement of said funds in this manner.
2. If this lease is for any other reason terminated early, then the Common
Council may by separate resolution passed within 190 days of either party
serving notice of termination authorize and direct the City Controller, in
consultation with the Mayor and the City Attorney, to disburse said funds to
LESSOR or such other party as specified in said resolution for the sole
purpose of funding a resolution-specified relocation of the Gardens, which
may include purchase of land or needed infrastructure for the same, of a
community gardening program in the City of Ithaca. LESSEE hereby agrees
to the disbursement of said funds in this manner.
3. If this lease is not terminated early, or if upon early termination no resolution
of Common Council has instructed the disbursement of said funds within the
time limits set out in the two immediately-preceding paragraphs, then said
funds shall be released from the Trust Fund to LESSEE (or to LESSEE’s
successor) for LESSEE’s unrestricted use.
ARTICLE FIVE: USE OF PREMISES.
a) LESSOR affirms the public benefit provided to residents of the City of Ithaca by the
existence of the Community Gardens at the leased premises. The LESSEE covenants and agrees
6
that it will, during the period of this lease, reasonably use said premises and any buildings and
improvements situated thereon for public community gardens in a manner similar to its current
and past use of the premises, as a benefit for the City of Ithaca and open to the general public, as
defined by the current certificate of incorporation and bylaws of LESSEE, including outreach to
and accessibility for low income gardeners. In addition, the premises will be available for other
uses as deemed appropriate by LESSOR, provided such uses do not conflict with the Community
Garden uses of LESSEE, including but not limited to use by the general public for passive
recreation or other purposes. As deemed appropriate by LESSOR, LESSEE shall be afforded the
opportunity to review and comment on potential joint uses of the leased premises but LESSOR
shall retain the sole authority to determine such uses and whether they conflict with the
Community Gardens use by LESSEE.
b) LESSEE further covenants and agrees that at all times during the demised term:
1. the premises including the buildings and improvements situated thereon or
connected therewith and all appurtenances thereto and equipment thereof shall be
kept by LESSEE at its own expense in good repair and in a clean and safe
condition and in conformity with the requirements of all municipal, county, state
and federal laws, rules and regulations;
2. that all health, police, zoning, fire, building, subdivision, and other regulations
shall, in all respects and at all times, be fully complied with by LESSEE and, in
particular, that at the end of the growing season the site will be appropriately
cleaned and winterized;
3. that LESSEE will not at any time remove or permit to be removed any existing
building or improvement from the demised premises except as provided for in this
Lease;
ARTICLE SIX: IMPROVEMENTS.
It is understood and agreed that in the event that LESSEE shall construct buildings and
7
structures or landscaping upon the demised premises during the term of this Lease Agreement, or
any extension thereof, such buildings shall be used solely for the purposes set forth in ARTICLE
FIVE hereof. Any such improvements shall be subject to City of Ithaca site plan review, if
applicable.
ARTICLE SEVEN: WATER, SEWERAGE, AND PARKING.
LESSEE shall be responsible for construction and maintenance of any water or sewer
lines between the existing City systems and the leased premises, for use by LESSEE, in
accordance with LESSOR's engineering specifications. In particular, LESSEE shall be
responsible for the installation, maintenance and testing of the backflow protection device; the
winterization of all such water and sewer lines and appurtenances; and for the scheduling of
seasonal turn on and shut off of water. LESSEE shall be responsible for payment for all utilities
used on the leased premises. LESSOR shall have no responsibility for developing additional
parking areas for use by LESSEE.
ARTICLE EIGHT: INSURANCE.
LESSEE shall keep the improvements insured against liability and fire or other hazards
and shall save LESSOR harmless and indemnified at all times against any loss, damage,
penalties, costs and expenses, judgments and decrees, by reason of a failure so to do in any
respect or by reason of any violation of any of the law, rules or regulations above referred to, or
by reason of any accident, loss, wrong, injury, or damage to person, life or property in or about
said demised premises, including but not limited to for any negligence of LESSEE in the making
of any improvements to the premises, or by reason of any use which may be made of the
demised premises or the buildings and improvements thereon, or by reason of any act or thing
done or omitted to be done or by reason of anything happening in connection with or upon the
demised premises or in any building situated thereon or improvement connected therewith, or by
reason of the failure of LESSEE in any respect fully to carry out and perform any of the
covenants, agreements, provisions or undertakings in this lease on its part to be performed.
Proof of insurance and the inclusion of LESSOR as an additional insured in all such policies of
8
insurance shall be provided in writing to LESSOR.
LESSEE shall maintain liability insurance coverage upon the leased premises, in the initial,
minimum amount of $1,000,000 per occurrence and $2,000,000 in the aggregate, and shall
ensure that the City of Ithaca is named as an additional insured on such policy. The minimum
amount of required coverage shall be subject to reasonable, periodic adjustment by the City,
upon prior written notice to LESSEE of at least 6 months.
LESSEE shall provide written documentation to City that required coverage is in place, at
the time of execution of this lease agreement, at least annually thereafter, by January 31st, or at
other time upon request.
LESSEE shall keep the premises insured as provided for herein and the amount of
insurance coverage shall be as reasonably approved by the LESSOR, and proof of insurance and
the inclusion of LESSOR as an additional insured in all such policies of insurance shall be
provided in writing to LESSOR. It is mutually covenanted and agreed by and between the
parties hereto that the proceeds of any and all policies of fire insurance covering any building or
buildings at any time situated upon the demised premises shall be used as a trust fund towards
the repair, reconstruction, building or rebuilding of such building or buildings, unless the parties
agree otherwise in writing.
ARTICLE NINE: DEFAULT
If LESSEE shall, at any time during the demised term fail in the performance of or permit
the violation of any of the covenants, conditions, terms or provisions of this Lease Agreement,
which, on the part of LESSEE, are or ought to be observed, performed and fulfilled and, except
where a specific time is herein provided for the performance of any covenant or condition, when
such default shall not be made good within ninety (90) days after notice and demand given
pursuant to the provisions of ARTICLE TEN hereof, then, in any of the events enumerated
hereto, LESSOR may, at its, option, and upon ninety (90) days notice in writing, served as
provided in ARTICLE TEN hereof, terminate this lease, and this lease and the term thereof shall
automatically cease and terminate at the expiration of said ninety (90) day period; and it shall be
9
lawful for LESSOR, at its option, to enter the demised premises or any part thereof and to have,
hold, repossess and enjoy the said premises, and the LESSOR shall have the right to recover the
said premises and to remove all persons therefrom by summary proceedings or by any action or
proceedings. Such defaults allowing lease termination are as follows:
a) In the event that LESSEE shall fail to use said premises for the purposes hereinbefore
described in ARTICLE FIVE for one full year during the term of this lease, as provided in
ARTICLE TWO, then LESSOR may, at its option, notify LESSEE of its election to terminate
this lease.
b) In the event that, at any time during the term of this Lease, LESSEE or its assignee shall
cease to be a not-for-profit corporation, this lease shall cease and terminate at the option of
LESSOR.
c) If, during the demised term, LESSEE shall be adjudicated a bankrupt or make a general
assignment for the benefit of creditors or take the benefit of any insolvency act, or a temporary or
permanent receiver or trustee in bankruptcy is appointed for LESSEE's property and such
appointment for a temporary receiver is not vacated and set aside within ninety (90) days from
the date of such appointment, or in the event of any attempted transfer or other devolution of the
interest of any part thereof of LESSEE to any other person or corporation by reason of the acts
and things hereinabove enumerated.
d) If, during the term of this Lease, the tax assessor of Tompkins County determines that the
subject parcel is not tax exempt, this lease shall be deemed void, unless LESSEE agrees to pay -
and in fact does timely pay - any taxes levied upon the premises. In the event that this Lease is
deemed void for that reason, the parties shall attempt in good faith to re-negotiate the Lease
terms.
ARTICLE TEN: NOTICES.
Any notice which may be required under the terms of this lease shall be given in writing,
personally to:
For LESSOR: Mayor
10
108 East Green Street
Ithaca, New York 14850
and
Attorney for the City
108 East Green Street
Ithaca, New York l4850
and
For LESSEE: Project Growing Hope, Inc.
P.O. Box 606
Ithaca, New York 14851
ARTICLE ELEVEN: ASSIGNMENT
It is hereby covenanted and agreed by and between the parties hereto that LESSEE may
not sell, convey or assign its interest in the demised premises and in any structures or
improvements thereon without the written consent of LESSOR. The approval of one assignment
by LESSOR shall not constitute approval for any subsequent assignment.
ARTICLE TWELVE: SURRENDER OF PREMISES; DISPOSITION
OF IMPROVEMENTS
Upon the termination of this lease, as a result of default (per ARTICLE NINE) or early
termination, or upon its expiration (or the expiration of a renewed term, per ARTICLE
SIXTEEN, if applicable), LESSEE covenants and agrees to surrender the demised premises,
peaceably and at once, and to deliver up the same to LESSOR, subject to the remaining
provisions of this Article. LESSEE shall be entitled - but not required - to remove from the
demised premises any improvements LESSEE has made to said premises, including but not
necessarily limited to any structures (e.g., sheds, fencing, gazebo) and the topsoil from the
gardens (defined as the top eight inches of soil), provided that a relocation site requires topsoil.
Any such removal must occur prior to said termination date, must be complete (i.e., without
leaving debris, hazards, or holes in the ground) and shall be at LESSEE’s sole cost.
ARTICLE THIRTEEN: CONDEMNATION
11
If any person or corporation, municipal, public, private or otherwise, shall, at any time
during the term of this lease, lawfully condemn and acquire title to the demised premises or any
portion thereof, or to any building or the appurtenances now or hereafter erected thereon, or to
any easement therein, in or by condemnation proceedings pursuant to any law, general, special or
otherwise, then, in that case, LESSOR shall be entitled to and shall receive the entire award or
payment therefor; and LESSEE shall assign and does hereby assign and transfer to LESSOR
such award or payment as may be made therefor. LESSOR, in any event, shall be entitled to
receive any and all awards or payments made for any buildings and the appurtenances which
shall be so taken or for any damages thereto, free, clear and discharged of every claim of every
kind whatsoever by or on the part of LESSEE, except as hereinafter specifically provided, and
such award or payment is hereby transferred and assigned to LESSOR by LESSEE; and LESSEE
hereby further agrees that for the purpose of obtaining such award or payment, and for all other
purposes, all the buildings and improvements now standing upon the demised premises are the
sole and absolute property of LESSOR and that in no event and under no circumstances shall
LESSEE be entitled to receive or retain any award or payment or any part thereof except as
hereinafter specifically provided. Notwithstanding anything hereinbefore contained to the
contrary, if LESSEE shall have commenced or completed the erection of a new building or
buildings or other improvements and such condemnation takes place after the commencement or
completion of the said new building or buildings, then LESSOR agrees to pay LESSEE out of
the condemnation award or payment when paid, a sum equal to the amount awarded or paid in
condemnation as the value of such building or improvements. If, in the condemnation
proceeding, the value of the land and of the buildings and other improvements are not separately
determined, then the value of the building or other improvements shall be determined by
arbitration. LESSOR agrees to give LESSEE notice of any condemnation proceedings
immediately upon knowledge of such proceedings.
ARTICLE FOURTEEN: NON-DISCRIMINATION
It is mutually understood and agreed that LESSEE, in the employment of its agents,
contractors and/or employees, shall not discriminate against any employee, applicant for
12
employment, subcontractor, supplier of materials or services or program participant because of
actual or perceived age; creed; color; disability; ethnicity; familial status; gender; height;
immigration or citizenship status; marital status; national origin; race; religion; sex; sexual
orientation; socioeconomic status; or weight; and any construction contract entered into by
LESSEE shall contain such a nondiscriminatory clause.
ARTICLE FIFTEEN: MISCELLANEOUS PROVISIONS
a) Waivers of Lien.
LESSEE covenants and agrees that LESSEE will not make any contract or agreement,
either verbal or written, for labor, services, materials or supplies in connection with any
improvements at any time situated upon the demised land without securing in such contract or
agreement a waiver or waivers of lien against LESSOR's interest in the demised premises; and it
is expressly understood and agreed, and notice is hereby given, that no persons, firms, or
corporations furnishing labor, materials or services for the construction, reconstruction, alteration
or addition to any building at any time during the term hereof situated upon the demised
premises shall have any lien upon LESSOR's interest in the demised premises and that any and
all liens upon LESSEE's estate and interest in the demised land and the buildings and
improvements situated thereon shall be subject to the prior rights of LESSOR under the terms
and provisions of this Lease Agreement, and no authority is given by this Lease to LESSEE,
expressly or impliedly, to bind LESSOR for the payment of any money in connection with the
construction, repairing, alterations, additions or reconstruction work on the demised premises,
nor is there any authority given LESSEE by this lease, directly or indirectly, to permit any
mechanic’s lien, materialman's lien, or contractor’s lien to arise against LESSOR's interest in the
demised land or the buildings or improvements thereon, and LESSEE expressly agrees that it
will keep and save the demised premises, and LESSOR, harmless from all costs and damages
arising from any such liens or lien of any character created through any act or anything done by
LESSEE.
b) Title.
LESSOR represents and warrants that it is the owner in fee of the demised premises, as
13
described in Schedule “A,” attached hereto, free of all liens and encumbrances.
c) Severability.
In the event that any term, condition, clause or provision of this agreement shall be
deemed null and void, the remaining terms, conditions, clauses and provisions of this lease
agreement shall remain in full force and effect, unless the rights of either party are materially
affected by the deletion of such term, condition, clause or provision, in which case either party
may elect within 90 days after the date of the notification to declare said lease null and void in its
entirety.
ARTICLE SIXTEEN: RIGHT TO INSPECT
LESSOR shall have the right to inspect any part of the premises without notice at any
time.
THIS AGREEMENT shall be binding upon the parties and their successors in title.
IN WITNESS WHEREOF, the parties hereto have placed their hands and seals as of the
date(s) set forth below.
CITY OF ITHACA
Date: _____________________________ By: ______________________________
Svante Myrick, Mayor
PROJECT GROWING HOPE, Inc.
14
Date: __________________________ By: ______________________________
Name:
Title:
STATE OF NEW YORK )
COUNTY OF TOMPKINS )ss.:
On this day of _________, 2013, before me, the undersigned, a Notary Public in
and for said State, personally appeared SVANTE L. MYRICK, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his capacity, and
that by his signature on the instrument, the individual, or the person of which the individual
acted, executed the instrument.
Notary Public
STATE OF NEW YORK )
COUNTY OF TOMPKINS )ss.:
On this day of ____________, 2013, before me, the undersigned, a Notary Public
in and for said State, personally appeared ______________, personally known to me or proved
to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to me that she executed the same in her capacity, and that
by her signature on the instrument, the individual, or the person of which the individual acted,
executed the instrument.
Notary Public
15
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
16
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.
1
Proposed Resolution
City Administration Committee
October 23, 2013
Housing Fund, Funding Round #7 – Authorize Disbursement of $75,000 Pursuant
to an Executed MOU
Whereas, pursuant to an executed MOU, the Program Oversight Committee for the
Cornell/City/County Housing Fund recommends that the City of Ithaca approve funding
assistance for the following affordable housing project:
$75,000 Amici House project, predevelopment loan to conduct feasibility
analysis for a 12-15 unit supportive rental housing project for
homeless young persons including an on-site child care
center/Early Head Start classroom at 661-665 Spencer Rd.,
Tompkins Community Action, and
Whereas, the Housing Fund Program Oversight Committee (POC) met on June 19,
2013, to review recommendations from the Application Review Committee of round #7
funding applications for new affordable housing projects, and
Whereas, the City of Ithaca is represented on the POC by Alderperson J.R. Clairborne,
Alderperson Chris Proulx, and Doug Dylla, past member of the Ithaca Urban Renewal
Agency (IURA), and
Whereas, the Housing Fund was established in 2009 by Memorandum of Agreement
(MOU) as a six-year program between and among the City of Ithaca, Tompkins County
and Cornell University to raise and award funds to increase the supply of permanently
affordable housing in the County, and
Whereas, the Common Council determined that City contributions to the Housing Fund
should be used to assist projects located within the City of Ithaca, and
Whereas, City funds committed to the Housing Fund are derived from Gateway Loan
proceeds that originated from sale of City-owned land for the Eddygate project, and are
held by the IURA, and
Whereas, a total of up to $500,000 from the Housing Fund is available to award in
round #7 as follows:
2
Funding Sources ($1,000s)
Cornell Tompkins City of
Funding Awards University County Ithaca Total
Annual Funds Pledged 200 100 100 400
Round #1 (2009) 145 100 30 275
Round #2 (2010) 75 70 70 215
Round #3 (2011) 100 100 0 200
Round #4 (2011) 0 0 30 30
Round #5 (2012) 0 0 0 0
Round #6 (2012) 420 130 230 780
Totals Awards to Date 740 400 360 1,500
Funds Available for Round #7 260 100 140 500
and,
Whereas, the POC recommends round #7 funding of $375,000 for three affordable
housing projects, and
Round #7, Housing Fund - Recommended Funding Awards
Applicant Project # Afford.
Units Location Funding ($1,000s)
Cornell County City Total
Ithaca
Neighborhood
Housing
Services
Scattered Site
New
Construction
7 owner-
occupied
(C)Ithaca
-402 S. Cayuga
-214 Second St.
-203 Third St.
210 0 0 210
Tomkins
County Action Amici House 12-15
rental
(C)Ithaca
-661 & 665
Spencer Rd
0 0 75 75
Peterson/
Seven Circles
LLC
White Hawk
Ecovillage
3 owner-
occupied
(T)Danby
-Rt. 96B/
Gunderman Rd
0 90 0 90
Totals 22-25 210 90 75 375
Whereas, providing funding to conduct feasibility analysis for a proposed housing
project is a type II action under SEQR/CEQRO provided the funding does not commit
the agency to commence, engage in or approve the housing project, therefore no
environmental review is required for this action, and
Resolved, that the Common Council for the City of Ithaca hereby authorizes an
expenditure of up to $75,000 for the Amici House project to conduct feasibility analysis,
and be if further
Resolved, that such funds shall be derived from Gateway Loan Proceeds held by the
Ithaca Urban Renewal Agency, and be it further,
Resolved, that the Mayor is authorized, subject to advice of the City Attorney, to
execute a fiscal agency agreement with Tompkins County to implement this resolution.
j:\community development\policy\policy\housing\cornell collaboration\2013\reso ca housing fund round #7 disburse funds 10-23-13.doc
1
Edward C. Marx, AICP Telephone (607) 274-5560
Commissioner of Planning Fax (607) 274-5578
Memorandum
TO: Housing Fund Program Oversight Committee
FROM: Megan McDonald, Senior Planner
DATE: June 11, 2013
RE: Formal Recommendation by the Housing Fund Application Review Committee for Housing Fund
Round 7
Overview of Applications Received for the May 2012 Housing Fund Round 7
The Housing Fund received two applications for the Housing Trust Fund Program from a private individual and
INHS, and one application for the Housing Affordability Program from Tompkins Community Action this round.
Total funding amount requested from all applications: $375,000.00 to support a total of 25 units of new affordable
housing, both rental and for sale. Locations of these projects: City of Ithaca – 2 projects; Town of Danby – 1 project.
Project Summaries
1. Amici House – Tompkins Community Action (TCA): Requests $75K for predevelopment costs for 12-15
rental units adjacent to the TCA office, within the City of Ithaca limits. TCA also requests a waiver for the 50%
matching fund requirement. Unanimously recommended for funding by ARC, with contingency that copies of any
reports and data related to the site feasibility study, funded through use of Housing Affordability Program funds, be
submitted to the County.
2. White Hawk Ecovillage – Henry Peterson and Seven Circles LLC: Requests $90K for 3 units of new
affordable, owner-occupied housing units to be developed on White Hawk Lane off of Route 96B in the Town of
Danby. The land is leased from the Seven Circles (with plans to transfer land to the White Hawk Ecovillage), with
individuals constructing their own homes. Housing Trust funds would reduce the amount paid by income-qualified
applicants for the lot lease needed to build their homes. Unanimously recommended for funding by ARC, with
contingency that a clear, transparent process for assuring long-term affordability be completed by partnering with an
approved 3rd party entity to provide income verification for affordable unit purchase and future sales of these units.
3. Scattered Site New Construction 2013 – INHS: Requests $210K for 7 new units of for-sale affordable housing
in the City of Ithaca, with 1 unit at 203 Third St., 4 units at 402 S. Cayuga St., and 2 units at 214 Second St. The
homes would be sold to first-time homebuyers earning 80% of AMI or less, under the INHS Community Housing
Trust program. Unanimously recommended for funding by ARC.
Tompkins County
DEPARTMENT OF PLANNING
121 East Court Street
Ithaca, New York 14850
2
Recommendations from the Application Review Committee
Applicant Program
Applied Project
Dollar
Amount
Recommend
ed
Number of
Units Location
Expected Total Cost
of the Project Per
Mortgage/Rent of
Units
TCA Affordability Amici House $75,000 12-15
rental units
City of
Ithaca
$75,000 for
predevelopment
costs/rent no more than
30% of monthly
adjusted income
Peterson/
Seven
Circles
LLC
Trust White Hawk
Ecovillage $90,000
3 owner-
occupied
units
Town of
Danby
$453,402/$91,000 (2
BR) to $161,000 (4
BR)*
INHS Trust Scattered Site New
Construction 2013 $210,000
7 owner-
occupied
units
City of
Ithaca
$1,625,705/$131,170 (2
BR)
* Unit pricing based on homes built between 2007-2008, owners design and build their own units so number of
bedrooms, floor area, and design cost can vary based on the owners’ decisions.
Additional Recommendations from the Application Review Committee
1. Collecting site feasibility reports and data: The ARC recommends that the POC require successful Housing Fund
applicants seeking funds for predevelopment costs to submit copies of site feasibility reports and data related to the
feasibility of the site to the Tompkins County Planning Department. The rationale is that funding feasibility studies
does not always result in construction of affordable units, and since the Housing Fund is paying for these studies,
collecting the information resulting from the studies provides some return on this investment and may prove useful to
other efforts to develop affordable units on the sites studied.
2. Guaranteeing long-term affordability through third party verification: Housing Fund applicants are frequently
having difficulty providing a clear method to guarantee long-term affordability of their units, and doing so without
creating potential for conflicts of interest. The ARC recommends that formal guidance be provided as part of the
NOFA regarding how applicants can ensure long-term affordability with independent verification.
3. Impacts of federal funding cuts: The ARC would like to share its concern regarding the future of the Housing
Fund program, and local affordable housing in general, due to federal funding cuts. No new Section 8 vouchers are
anticipated to be issued through the rest of 2013. Many affordable housing projects will not be able to move forward
without funding assistance beyond what the Housing Fund can provide.
Amendment to Personnel Roster - DPW (Water and Sewer Division)
WHEREAS, the Water and Sewer Division anticipates that a vacancy in the position of
Utilities Systems Location Technician will occur during the summer of 2014, and
WHEREAS, the Utilities Systems Location Technician is a specialized position that
requires significant field training, and
WHEREAS, the Civil Service Commission approved the New Position Duties Statement
for the Utilities Systems Location Technician for City of Ithaca DPW Water & Sewer
Division on October 2, 2013, and
WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division
has budgeted to provide for this position in the 2014 proposed budget, and
WHEREAS, the City of Ithaca as an owner and operator of underground facilities and
utilities is required to provide underground facility and utility location and mark-out in
response to Dig Safely New York requests in compliance with NYS law, Public Service
Law 119-b Protection of Underground Facilities and General Business Law Article 36
sections 760-767, and
WHEREAS, the Water and Sewer Division needs to fill the Utilities Systems Location
Technician position a minimum of six (6) months in advance of the actual vacancy to
allow for adequate training and a smooth transition, now, therefore, be it
RESOLVED, That the Personnel Roster of the Water and Sewer Division of the
Department of Public Works be amended by adding a second position of Utilities
Systems Location Technician with an effective date of January 1, 2014, and be it further
RESOLVED, That upon the resignation of the current Utilities Systems Location
Technician, the position vacated through resignation shall be abolished effective on the
employee's resignation date, and be it further
RESOLVED, That the second position of Utilities Systems Location Technician is
funded in the 2014 budget for a total of six months and any extension to that timeframe
will require additional Common Council action.
Amendment to Personnel Roster - DPW Water & Sewer Division
WHEREAS, The City of Ithaca DPW Water & Sewer Division has need of a higher level
engineering position to meet the demands of the ever increasing complexity of the technology
associated with the sustainable, efficient, and cost effective management of the Cities Water &
Sewer Infrastructure, and
WHEREAS, The City of Ithaca DPW Water & Sewer Division has need of a higher level
engineering position to facilitate the present work load and future work plans in order to provide
adequate levels of capital construction project management, design, and engineering oversight,
both in support of the Divisions daily operations, maintenance, repairs, and in our capital
improvement projects, and
WHEREAS, the demand for a higher level of Engineering technical support within the Division
has significantly increased with the $37M Water Supply Project for the rebuilding of the Water
Treatment Plant and rehabilitation of associated water production and storage infrastructure; our
continuing capital projects at the wastewater treatment plant in our transition to an energy
producing resource recovery facility; and in the engineering and planning of economically and
energy sustainable asset management for the maintenance and replacement of our water
distribution and wastewater collection systems, and
WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division currently
has the funded Title of Assistant Civil Engineer on the roster, and
WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division has need
of the Title of Civil Engineer on the roster, and
WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division has
budgeted to provide for this position in both the 2013 budget and the 2014 proposed budget,
and
WHEREAS, the Civil Service Commission approved the New Position Duties Statement for the
Civil Engineer for City of Ithaca DPW Water & Sewer Division on July 10, 2013, now, therefore,
be it
RESOLVED, That effective December 1, 2013 the Personnel Roster of the DPW Water &
Sewer Division be amended as follows:
Delete: (1) Assistant Civil Engineer, Salary Grade 20, Administrative Unit
Add: (1) Civil Engineer Salary Grade A, Executive Association
And, be it further
RESOLVED, That the Civil Engineer position will be filled promotionally from within the
Department of Public Works, and be it further
RESOLVED, That funds necessary for said roster amendment shall be derived from the existing
2013 and 2014 DPW Water and Sewer budgets.