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CITY ADMINISTRATION
COMMMITTEE
AGENDA ITEMS
Item Voting
Item?
Presenter(s) Time
Allotted
Chair, Deb Mohlenhoff
1. Call to Order
1.1 Agenda Review
1.2 Review and Approval of Minutes
Approval of August 2019 Minutes
1.3 Statements from the Public
1.4 Council’s Response
No
Yes
*Note: We will review the number
of cards received at the beginning of
each meeting and adjust time if
needed.
15 Mins*
2. Consent
2.1 PB&ED – Amendment to Personnel Roster
2.2 YB – Amendment to Personnel Roster
2.3 YB – Amendment to 2019 Budget
2.4 Finance – Civil Service Agreement with ICSD
Yes
5 Min
3. Finance, Budget and Appropriations
3.1 DPW – 2020 SID Work Plan and Buget
3.2 Finance – Approval of 2018 Single Audit
To Be Distributed Prior To Meeting
3.3 Council – Override Tax Levy
Yes
Yes
Yes
John Licitra
Steve Thayer, Controller
Steve Thayer, Controller
10 Min
15 Min
5 Min
4. City Administration, Human Resources and Policy
4.1 DPW – Amendment to Personnel Roster
4.2 Attorney - Children’s Garden Lease
4.3 Attorney - Thurston Ave Sewer MOU
4.4 Modification of Odd/Even Parking
Yes
Yes
Yes
Yes
Mike Thorne, Supt of DPW
Ari Lavine, Attorney
Ari Lavine, Attorney
Dan Cogan, Chief of Staff
5 Min
5 Min
5 Min
15 Min
5. Discussion
5.1 Council Rules of Procedures
5.2 Common Council and Mayor Salaries
No
No
Rob Gearhart
Dan Cogan, Chief of Staff
15 Min
15 Min
6. Budget
6.1 Updates and Special Topics
No
All
15 Min
7. Meeting Wrap-Up
7.1 Announcements
7.2 Next Meeting Date: October 16, 2019
7.3 Review Agenda Items for Next Meeting
7.4 Adjourn
No All 5 Min
Date: September 18, 2019
Time: 6:00 PM
Location: Common Council Chambers,
3rd Floor, City Hall
CA Agenda – 9/18/19
2. Consent
.1 Planning, Building & Economic Development – Amendment to Personnel Roster
WHEREAS, the City of Ithaca’s Planning Division currently has one full time Historic Preservation
Planner; and
WHEREAS, in 2018, Common Council approved an increase in hours from 35 to 40 for the Historic
Preservation Planner position beginning January 1, 2019; and
WHEREAS, also at that time, funding was approved for the change from Historic Preservation Planner
to Historic Preservation and Neighborhood Planner; and
WHEREAS, the Historic Preservation Planner is responsible for eight locally designated historic
districts, twenty four locally designated individual landmarks, and the Ithaca Landmarks Preservation
Commission; and
WHEREAS, the incumbent also attends neighborhood meetings, assists with neighborhood public
outreach efforts, researches and drafts sections of comprehensive neighborhood and thematic plans,
and attends neighborhood events; and
WHEREAS, the position of Historic Preservation and Neighborhood Planner better reflects the actual
work being done; and
WHEREAS, funding for this position was approved for 2019 and is expected to be approved for 2020;
now, therefore be it
RESOLVED, That Common Council hereby amends the 2019 authorized roster as follows:
Add: One (1) Historic Preservation and Neighborhood Planner at 40 hours per week
Delete: One (1) Historic Preservation Planner at 40 hours per week
and be it further
RESOLVED, That the sole purpose of determining days worked reportable to the New York State and
Local Employees’ Retirement System, the standard workday for the title of Historic Preservation and
Neighborhood Planner 2 shall be established at eight (8) hours per day, forty (40) hours per week.
1 | Page
TO: City Administration Committee of Common Council
FROM: JoAnn Cornish, Director of Planning and Development
DATE: August 30, 2019
RE: Request to Amend Personnel Roster from Historic Preservation
Planner to Historic Preservation and Neighborhood Planner
In 2011, the Historic Preservation and Neighborhood Planner retired after 25 years of being
in that position. Due to budget cuts when this position became vacant, the hours were
reduced to 20 hours per week and the position was reclassified to Historic Preservation
Planner to justify the reduction in hours. Eventually the hours were increased to 35 hours
per week and last year the hours were increased to 40 hours per week. At that time, the
funding was approved for the Historic Preservation and Neighborhood Planner position to
beginning January 1, 2019.
Since that time, the Planning Department has lost one full time planner and is in the process
of filling that vacancy. However, the amount of work has not slowed down and all members
of the Planning Staff take on whatever tasks are needed. While the Historic Preservation
Planner is responsible for eight locally designated historic districts, twenty four locally
designated individual landmarks, and the Ithaca Landmarks Preservation Commission, the
incumbent also attends neighborhood meetings, assists with neighborhood public outreach
efforts, researches and drafts sections of comprehensive neighborhood and thematic plans,
and attends neighborhood events.
The position of Historic and Neighborhood Planner better reflects the actual work being
done and I would like to move forward with this change.
I would be happy to discuss this with you should you need more information or have
questions. Thank you for your consideration of this request.
CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING & DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
CA Agenda –9/18/19
2. Consent
.2 Youth Bureau –Amendment to Personnel Roster
WHEREAS, the Youth Bureau recently had a longtime Youth Program Leader retire; and
WHEREAS, an amendment to the 2019 Youth Bureau roster would enable the department to find the
best staffing pattern that will meet community needs, utilize staff strengths, help support the vision,
mission and goals of the organization, while operatiQJ within budgets; now, therefore, be it
RESOLVED,That the Personnel Roster of the Youth Bureau be amended effective October 1, 2019,
as follows:
Fund: One (1) Youth Program Leader (35 hours)
Increase: One (1) Recreation Program Assistant (40 hours)
Defund: One (1) Youth Program Leader (30 hours)
and, be it further
RESOLVED,That funds for this roster amendment shall be derived from the existing Youth Bureau
budget.
Ithaca Youth Bureau
1 James L. Gibbs Drive
Ithaca, New York 14850
Phone: (607) 273-8364
Fax: (607) 273-2817
“Building a foundation for a lifetime.”
To: City Administration Committee
From: Liz Klohmann, Director
Re: 2019 Roster Amendment
Date: 9/18/19
The Youth Bureau is requesting permission to amend the 2019 personnel roster. On
September 6th a long time Youth Program Leader (30 hours) in YES resigned to pursue
her dream job in the elementary education. We are requesting to adjust our roster by
defunding the 30 hour Youth Program Leader position and funding the 35 hour Youth
Program Leader. We are also requesting to increase the one Recreation Program
Assistant from 35 hours to 40 hours.
Effective September 6, 2019,
Defund - one Youth Program Leader 30 hours savings $14,421
Effective October 1, 2019,
Fund one Youth Program Leader 35 hours additional cost $10,833
Effective October 1, 2019
Increase - one Recreation Program Assistant to 40 hours additional cost $1,299
This roster amendment does not require additional funds from the City and will allow us
to optimize our resources and personnel to provide quality services to residents, both
now and in the future.
CA Agenda –9/18/19
2. Consent
.3 Youth Bureau –Amendment to 2019 Budget
WHEREAS, The summer Sailing Program increased its offerings to young people in the community
and experienced increased registration numbers; and
WHEREAS, the Ithaca Youth Bureau collected an additional $15,452 in fees for the 2019 summer
sailing program now; therefore, be it
RESOLVED, That Common Council hereby amends the 2019 Youth Bureau Budget to account for
said increase as follows:
Increase Revenue Account:
A 7310-2001-1569 Sailing Camp $15,452
Increase Expense Account:
A 7310-5435-1569 Contracts $15,452
Ithaca Youth Bureau
1 James L. Gibbs Drive
Ithaca, New York 14850
Phone: (607) 273-8364
Fax: (607) 273-2817
“Building a foundation for a lifetime.”
To: City Administration Committee
From: Liz Klohmann, YB Director
Re: Request to amend Youth Bureau 2019 Budget
Date: 9/18/19
The Ithaca Youth Bureau offers a summer sailing program through Cornell
Sailing for youth in the community. This season the program saw increased
registration numbers and increased programming to support the interest. The
program exceeded our revenue and expense projections and we are requesting
an amendment to the 2019 Youth Bureau budget as follows:
Increase Revenue Account:
A 7310-2001-1569 Sailing Camp $15,452
AND,
Increase Expense Account:
A 7310-5435-1569 Contracts $
CA Agenda –9/18/19
2. Consent
.4 Finance –Approval of 2019-2020 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, 2019 to June 30,
2020, in an amount of $61,375 payable to the City of Ithaca on or before December 1, 2019.
AGREEMENT
THIS AGREEMENT made the day of , 2019, 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 2018 was , and
WHEREAS, the actual annual expenditures for the Civil Service Commission of the
City of Ithaca for the 2018 fiscal year of the City was $1 ;
NOW, THEREFORE, the parties hereto agree as follows:
1. That for the services rendered and to be rendered by the City for the School
Districtduring the School District fiscal year, which is July 1, 2019 through June
30, 2020the School District shall pay to the City a lump sum of $6, payable
on orbefore December 31, 2019.
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
(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
By: ________________________
Mayor
ATTEST:
________________________
City Clerk
CITY SCHOOL DISTRICT
CITY OF ITHACA, NEW YORK
By: ________________________
ATTEST:
________________________
School District Clerk
CA Agenda – 9/18/19
3. Finance, Budget and Appropriations
.1 DPW - Confirmation of Sidewalk Improvement District Assessment, Budget and Schedule of
Work for Fiscal Year 2020
Local Law No. ____-2020
A local law entitled “Confirmation of the Sidewalk Improvement District Assessments, Budget, and
Schedule of Work for Fiscal Year 2020”
WHEREAS Section C-73 of the City Charter creates five Sidewalk Improvement Districts (each a
“SID”) for the construction and repair of sidewalk, and provides for an assessment against each
property located in each SID for the benefits received by the property from said construction and
repair, and
WHEREAS the Board of Public Works has recommended a budget, schedule of work, and schedule
of increased assessments for Fiscal Year 2020, subject to review, amendment, and confirmation by the
Common Council, and
WHEREAS Section C-73 provides that Council shall amend as appropriate and confirm the SID
assessments, budget, and schedule of work after a public hearing, and
WHEREAS the appropriate public hearing has been held, and Council has given due consideration to
the comments made, if any,
NOW, THEREFORE BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Findings, Intent, and Purpose.
Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt
a local law relating to the authorization, making, confirmation, and correction of benefit assessments
for local improvements.
The Common Council has reviewed the increased assessments, budget, and schedule of work
recommended by the Board of Public Works for Fiscal Year 2020, and makes the following findings of
fact:
A. The public hearing prior to confirmation required by Section C-73 has been held, and
all owners of property subject to a SID assessment appearing to speak before Council
have had an opportunity to do so.
B. The attached schedule of work, as recommended by BPW and previously subject to
review by Council, constitutes a set of local improvements, the cost of which should be
assessed against the properties located in the SID in which the work is to be performed.
C. The attached budget, and the related assessments reflected on the assessment roll kept
on file with the City Clerk, are necessary to defray the cost of construction and
maintenance of sidewalk in the City, and Council has made a legislative judgment that
CA Agenda – 9/18/19
each property in each SID is being assessed in proportion to the benefit received by that
property from the sidewalk construction and repair contained in the schedule of work.
Section 2. Confirmation of the Assessments, Schedule of Work, and Budget.
The Common Council approves and confirms the increased assessment roll, a copy of which is
maintained in the City Clerk’s office, and the budget and schedule of work attached hereto, and
imposes a lien upon each property so assessed as set forth in the assessment roll.
In the event there are additional funds available following completion of the schedule of work, or
changes to the work plan are required for financial, engineering, or other reasons, the Superintendent
of Public Works or his or her designee may alter the schedule of work in his or her discretion, as
instructed by the Board of Public Works from time to time; provided, however, that if such actions
affect ten percent or more of any Sidewalk Improvement District’s annual levy, such actions must be
approved by resolution of the Board of Public Works.
Section 3. Severability Clause.
Severability is intended throughout and within the provisions of this Local Law. If any section,
subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of
the remaining portions of this Local Law.
Section 4. Effective and Operative Date.
This Local Law shall be effective immediately after filing in the office of the Secretary of State.
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-5690
Office of City Engineer
Telephone: 607 / 274-6530 Fax: 607 / 274-6415
TO: City Administration
FROM: Johnathan Licitra, Sidewalk Program Manager
DATE: 9/9/2019
RE: 2020 Sidewalk Improvement District Work Plan and Budget
Attached for your review are the 2020 Sidewalk Improvement District (SID) work plans, increased
assessment roles, and budget. A link to the 2020 assessment role is also provided here, as the document
is too large to attach (http://www.cityofithaca.org/219/Sidewalk-Policy). The increased Assessment Rates
were presented at 3 public meetings in June 2019 and the overall response was favorable.
At your September 18th meeting, I will request your approval to file a schedule of work, increased
assessment roles, and budget with Common Council. These materials have been approved by the
Board of Public works at their Aug 17th, 2018 meeting. A public hearing on the budget, assessment
roles, schedule of work, and local law can occur on the October 2, 2018 Common Council meeting.
The 2020 Work Plan budget was created based on the aforementioned assessment role and reflects all
credits for past work that were received before the May 1, 2019 application deadline. The costs for
each sidewalk project are estimates based on anticipated quantities of work, as well as unit prices from
past sidewalk contracts. Final quantities of work performed will be dictated by bid prices received
and field conditions, which could increase or decrease the amount of work completed in the 2019
work plan.
It is possible that issues unknown at this time might arise that will prevent some of these construction
projects from moving forward during the 2020 construction season. Conflicts with other construction
projects might necessitate cancelation or postponement of planned sidewalk work. Ongoing design
efforts might identify construction barriers that will impact costs or make some projects technically
infeasible.
To proactively address any of the above potential construction issues and cost uncertainty—a
contingency list of construction and design projects are included at the bottom of each sidewalk
district. These projects could replace locations in the work plan, if needed, or add to the project list if
additional budget is available based on bid prices.
For many of the district work plans, a Future Collaboration list exists. This secondary contingency
list is intended to combine sidewalk design plans with City Street and/or Water/Sewer repair work.
Additionally, this list can be used to pursue future grant applications for new sidewalk construction.
"An Equal Opportunity Employer with a commitment to workforce diversification."
Some specific project details:
District 1: At least 3 curb ramps will be constructed around the 2 block radius of Fall Creek
Elementary School (King & Queen St./N. Aurora St./Linn St./N. Tioga. St.).
District 2: College Ave is pursuing a major infrastructure upgrade of water, sewer, and electric.
Partial funding of sidewalk repairs will be used to collaborate with a full streetscape plan (in
development). Other spot repairs will occur along Eddy St. & Dryden Rd.
District 3: The high traffic areas near City Hall and the County Library are scheduled for replacement.
District 4: The 200 block of Cecil A. Malone Dr. is on the work plan to ensure that the associated Rail
Road Signal Upgrade project will install their infrastructure appropriately to accommodate a future
sidewalk. This project will likely not get to construction this year, but it needs to be shown on the
work plan.
District 5: Hector St. Complete St. Project has funding from multiple sources. It is prudent to plan
for a contingency fund to be used for this project to ensure its success—which is why this line item is
on the 2020 SID#5 work plan. The City Administration Committee Resolution on July 17 detailed
the funding sources.
Proposed 2020 Sidewalk Improvement Distric (SID)--INCREASED BUDGETDistrict1 2 3 4 5 TOTALEstimated INCREASED 2020 SID Levy207,178$ 199,475$ 357,709$ 221,979$ 153,765$ 1,140,106$ Percentages18.2% 17.5% 31.4% 19.5% 13.5% 100%Admin & Supplies 20,622$ 19,855$ 35,606$ 22,095$ 15,305$ 113,484$ Insurance 2,907$ 2,799$ 5,020$ 3,115$ 2,158$ 16,000$ Subtotal - funding available 183,649$ 176,820$ 317,084$ 196,768$ 136,302$ 1,010,623$ Capital Projects 13,000$ 4,200$ 24,000$ 41,200$ Balance for 2020 work plan 183,649$ 163,820$ 317,084$ 192,568$ 112,302$ 969,423$ Construction 158,475$ 139,583$ 273,619$ 165,596$ 93,618$ 830,891$ Design-$ Construction Inspection/ 15,991$ 15,397$ 27,610$ 17,134$ 11,869$ 88,001$ Engineering TechnicianMiscellaneous 9,182$ 8,841$ 15,854$ 9,838$ 6,815$ 50,531$ Concrete Lifting/Concrete Cuttingupdated 13 Aug 2019
Proposed 2020 Sidewalk Improvement Distric (SID)--BASE BUDGETDistrict1 2 3 4 5 TOTALEstimated 2020 SID Levy157,968$ 150,032$ 273,748$ 165,226$ 116,450$ 863,424$ Percentages18.3% 17.4% 31.7% 19.1% 13.5% 100%Admin & Supplies 20,762$ 19,719$ 35,980$ 21,716$ 15,306$ 113,484$ Insurance 2,927$ 2,780$ 5,073$ 3,062$ 2,158$ 16,000$ Subtotal - funding available 134,278$ 127,532$ 232,695$ 140,448$ 98,987$ 733,940$ Capital Projects 13,000$ 4,200$ 24,000$ 41,200$ Balance for 2020 work plan 134,278$ 114,532$ 232,695$ 136,248$ 74,987$ 692,740$ Construction 111,464$ 92,864$ 193,160$ 112,385$ 58,169$ 568,042$ Design-$ -$ -$ -$ -$ -$ Construction Inspection/ 16,100$ 15,291$ 27,901$ 16,840$ 11,869$ 88,001$ Engineering TechnicianMiscellaneous 6,714$ 6,377$ 11,635$ 7,022$ 4,949$ 36,697$ Concrete Lifting/Concrete Cuttingupdated 13 Aug 2019
2020 PROPOSED Sidewalk Work Plan and Budget
District One
Side of
Street
Estimated
SF cost Cost (5' wide)
Available
Budget
Construction
Curb Ramps: King & Queen St./ N. Aurora St. 210 22$ 23,100$
300 Utica St. East 165 22$ 18,150$
1100 N. Cayuga St. West 160 22$ 17,600$
600 Stewart Ave. West 450 22$ 49,500$
985 TOTAL 108,350$ 111,464$
With Increased SID Assessments
All of the above + 108,350$
100 E. York St. North 350 22$ 38,500$
100 E. York St. South 100 22$ 11,000$
1,435 TOTAL 157,850$ 158,475$
Contingency
Construction
100 Heights Court North 390 22$ 42,900$
100 Heights Court South 350 22$ 38,500$
500 N. Aurora St. West 340 22$ 37,400$
100 E. Lewis St. North 230 22$ 25,300$
100 E. Lewis St. South 200 22$ 22,000$
100 E. Yates St. North 230 22$ 25,300$
100 E. Yates St. South 170 22$ 18,700$
Design projects
210,100$
Future Collaboration with City Streets' Crews/Grant Money/Captial Projects
100 Thurston Ave. North 60,000$
900 Stewart Ave. West 65,000$
300 Fall Creek Dr. North 950 200,000$
City Block
Appr. Length of
sidewalk (linear
feet)
Total Contingency
2020 PROPOSED Sidewalk Work Plan and Budget
District Two
Side of
Street
Estimated
SF cost Cost (5' wide) Available Budget
Construction
100 Dryden Rd. North/South 200 22$ 22,000$
300 Eddy St. East/West 140 22$ 15,400$
100-300 College Ave. East/West 450 22$ 49,500$
790 TOTAL 86,900$ 92,864$
With Increased SID Assessments
All of the above + 86,900$
100 Ithaca Rd. North 165
22$ 18,150$
200 Cornell St. East/West 180
22$ 19,800$
500 Mitchell St. North 100
22$ 11,000$
TOTAL 135,850$ 139,583$
Design projects
Contingency
Construction
100 Linden Ave. West 550 22$ 60,500$
400 Dryden Rd. North 290 22$ 31,900$
200 Delaware Ave. West 400 22$ 44,000$
100 Delaware Ave. West 450 22$ 49,500$
Design projects
185,900$
Future Collaboration with City Streets' Crews/Grant Money/Captial Projects
1100 E. State St South 450 120,000$
400 Oak Ave North 900 244,000$
100-400 College Ave. Streetscape East/West 2400 264,000$
500-900 Giles St North 575 250,000$
City Block
Appr. Length of
sidewalk (linear
feet)
Total Contingency
2020 PROPOSED Sidewalk Work Plan and Budget
District Three
Side of
Street
Estimated
SF cost Cost (5' wide) Available Budget
Construction
100 Lake Ave. West 250 22$ 27,500$
100 E. Green St. (vault membrane repair) North 300 25$ 37,500$
600 W. Green St. North/South 350 22$ 38,500$
500 W. Green St. North/South 350 22$ 38,500$
200 S. Cayuga St. East 330 22$ 36,300$
100 S. Corn St. West 100 22$ 11,000$
1,680 TOTAL 189,300$ 193,160$
With Increased SID Assessments
All of the above +189,300$
300 W. Seneca St. North 300 22$ 33,000$
200 E. Buffalo St. South 300 22$ 33,000$
200 Monroe St. North 150 22$ 16,500$
2,430 TOTAL 271,800$ 273,619$
Design projects
Contingency
Construction
100 E. Seneca St. North 300 22$ 33,000$
500 W. Seneca St. North 300 22$ 33,000$
300 W. Buffalo St. South 400 22$ 44,000$
100 W. Buffalo St. North 150 22$ 16,500$
100 S. Plain St. East 200 22$ 22,000$
200 Center St. South 200 22$ 22,000$
100 E. Court St. North 300 22$ 33,000$
400 Madison St. North/South 460 22$ 50,600$
Total Contingency 221,100$
Future Collaboration with City Streets' Crews/Grant Money/Captial Projects
City Block
Appr. Length of
sidewalk (linear
feet)
District FourSide of StreetEstimated SF costCost (5' wide) Available BudgetConstruction100 E. Spencer St. & Curb Ramps North/South 400 22$ 44,000$ 200 Cecil A Malone Dr. North/South 600 22$ 66,000$ 1,000TOTAL110,000$ 112,385$ With Increased SID AssessmentsAll of the above + 110,000$ 100 Hawthorne Pl. North 350 22$ 38,500$ 300 Wood St. North 130 22$ 14,300$ TOTAL 162,800$ 165,596$ ContingencyConstruction100 Hillvew Pl South 400 22$ 44,000$ 300 Pleasant St. South 370 22$ 40,700$ 200 Columbia St South 385 22$ 42,350$ 500 S. Cayuga St. East 200 22$ 22,000$ 400 Turner Pl. East 250 22$ 27,500$ 132,550$ Future Collaboration with City Streets' Crews/Grant Money/Captial Projects400 Hillview Pl South 650 223,000$ 600-900S. Aurora StEast1650300,000$ 300 Spencer Rd East/West 2100 400,000$ 100 Giles St South 450 360,000$ 200-300 Giles St East 1600 300,000$ City BlockAppr. Length of sidewalk (linear feet)Total Contingency
2020 PROPOSED Sidewalk Work Plan and BudgetDistrict FiveSide of StreetEstimated SF costCost (5' wide)Available BudgetConstruction300 N. Meadow St. West 80 22$ 8,800$ 400 N. Meadow St. West 60 22$ 6,600$ 500 N. Meadow St. West 60 22$ 6,600$ 700 W. Court St. North 50 22$ 5,500$ 300 S. Meadow St. East 150 22$ 16,500$ TOTAL 44,000$ 58,169$ With Increased SID AssessmentsAll of the above + 44,000$ 100-1100 Additional funding for Hector St Complete Street 49,000$ TOTAL 93,000$ 93,618$ ContingencyConstruction200 Cliff St. East 450 22$ 49,500$ 400 Chestnut St. West 260 22$ 28,600$ 200 Taughannock Blvd. West 80 22$ 8,800$ 500 Esty St. North 80 22$ 8,800$ 600 W. Buffalo St. North 80 22$ 8,800$ Design projects55,000$ Future Collaboration with City Streets' Crews/Grant Money/Captial Projects100-1100Hector StNorth/East71501,700,000$ City BlockAppr. Length of sidewalk (linear feet)Total Contingency
1000
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2020 Proposed Sidewalk and
Curb Ramp Construction
City of Ithaca, NY
NY State Plane, Central GRS 80 Datum
Map Source: Tompkins County Digital Planimetric Map 1991-2019
Data Source: City of Ithaca Department of Engineering, 2019
Map Prepared by: GIS Program, City of Ithaca, NY, August, 2019
±0 500 1,000 Feet
New Sidewalk Construction
Existing Sidewalk Replacement
Design Sidewalk Project
Roads
Waterway
City Border
SID Districts
1
2
3
4
5
1
2
3
4
5
CA Agenda – 9/18/19
3. Finance, Budget and Appropriations
.2 Finance Department – Approval of 2018 City of Ithaca Single Audit
RESOLVED, That the Independent Auditor’s Report for the period of January 1, 2018 through
December 31, 2018, prepared by the accounting firm of Insero & Company CPAs, LLP, be accepted to
comply with all of the City’s applicable Government Accounting Standards Board (GASB) Statement
34 and other related audit and single-audit requirements.
CA Agenda – 9/18/19
3. Finance, Budget and Appropriations
.3 Common Council – A Local Law to Override The Tax Levy Limit Established in General
Municipal Law
Local Law No. _____ - 2019
BE IT ENACTED by 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, 2020, 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, 2020, 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 of competent jurisdiction determines that any clause, sentence, paragraph, subdivision, or
part of this local law or 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.
CA Agenda – 9/18/19
4. City Administration, Human Resources and Policy
.1 DPW - Amendment to Personnel Roster—Fleet Manager
WHEREAS, the current Fleet Manager in the Streets and Facilities Division of the Department of
Public Works is anticipating retirement in the Spring of 2020; and
WHEREAS, the Fleet Manager is a highly specialized, key position in the Department of Public
Works, with significant recordkeeping, procurement, management, and regulatory duties, such that a
new hire would have a difficult time starting the position without the benefit of training from the
existing Fleet Manager; and
WHEREAS, a loss of continuity in the Fleet Manager position would significantly disrupt operations
related to the procurement, services, maintenance, and repair of City vehicles and construction
equipment; and
WHEREAS, the Department of Public Works has funds available in its 2019 budget, and has requested
funds in its 2020 budget, to overlap this position, allowing the new Fleet Manager to work with the
current Fleet Manager for up to 4 months to learn City-specific aspects of the job; now, therefore be it
RESOLVED, That the personnel roster of the Department of Public Works be amended as follows:
Add: One (1) Fleet Manager position;
and be it further
RESOLVED, That upon the retirement of the current Fleet Manager, the redundant position shall be
removed from the roster on the date of retirement; and be it further
RESOLVED, That the redundant Fleet Manager position be funded through transfer of funds from
A5111-5115, which has three funded vacant positions that won’t be filled until spring 2020.
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-6590
DEPARTMENT OF PUBLIC WORKS
Michael J. Thorne, P.E., Superintendent
Telephone: 607/274-6531 Fax: 607/274-6587
“An Equal Opportunity Employer with a commitment to workforce diversification.”
MEMORANDUM
Date: September 18, 2019
To: Common Council
From: Michael Thorne, Superintendent of Public Works
Subject: Redundant Fleet Manager Position
Dear Council Members
Our current Fleet Manager, Brian Carman, anticipates retiring in the Spring of 2020. This is a
highly specialized, key position for the Department of Public Works and the entire City,
involving extensive recordkeeping, regulatory, procurement, and management duties related to
the repair and maintenance of our City vehicles and construction equipment. In addition, Brian
has accumulated a wealth of institutional knowledge about the City’s needs, and has been
actively working toward the City’s Green initiatives. A new Fleet Manager will have a difficult
time coming up to speed without the benefit of training with Brian Carman for a few months. A
loss of continuity in the Fleet Manager position will be highly disruptive to City operations.
The Department of Public Works has funding that could be used to pay for a redundant Fleet
Manager position for several months. Ideally, we would like to start advertising this position in
early October, with the hope of hiring a qualified candidate in January 2020.
CA Agenda – 9/18/19
4. City Administration, Human Resources and Policy
.2 Attorney - Children’s Garden Lease
WHEREAS, the Ithaca Children’s Garden (“ICG”) is a three-acre public garden, leased within
the City of Ithaca’s Cass Park, that inspires, promotes, and sustains youth and community
stewardship of the natural environment through garden-based learning and discovery; and
WHEREAS, ICG seeks to construct an “Urban Environmental Education Center” at the garden
as part of an expansion of the garden into additional acreage in Cass Park that is in close
proximity to the garden’s already-leased space; and
WHEREAS, an “Urban Environmental Education Center” at ICG would advance the mission of
the garden, provide additional community space and educational opportunities, and otherwise
benefit members of the public visiting Cass Park and ICG; now therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Intent and Purpose. The Common Council makes the following findings
of fact:
A. ICG’s operations provide community gardening opportunities of great value to the
public, and within the meaning of NY General Municipal Law, such that the
contemplated lease represents a valid exercise of municipal powers in support of a
municipal purpose under said Law.
B. ICG’s delivery of public gardening services and ICG’s contemplated
improvements to the site each independently provide adequate consideration (to
the extent required, if any) to the City for the lease authorized herein.
C. The lease authorized herein constitutes an alienation of parkland and therefore
will not take effect until State legislative dispensation has been granted for the
same.
Section 2. Approval and Execution of Lease. The Common Council authorizes and directs the
Mayor, on the advice of the City Attorney, to execute with ICG a lease substantially similar the
lease included herewith, for a term of twenty-five years, including contingencies on the
effectiveness of the lease for:
(i) New York State legislative approval of the parkland alienation necessary to
permit the City to lease the premises to ICG, and
(ii) relocation of the existing parking area to the mutual satisfaction of the parties.
Section 3. Effective Date. This ordinance shall take effect immediately.
Page 1 of 13
ITHACA CHILDREN’S GARDEN LEASE
THIS LEASE is entered into the ___ day of ___ 2020, between the City of Ithaca, a municipal
corporation with offices at 108 E. Green Street, Ithaca, New York (hereafter referred to as "the City" or
"Lessor"), and Ithaca Children's Garden, Inc. (ICG), a not-for- profit organization with offices located at
1001 W. Seneca St. Suite 101., Ithaca, New York 14850 (hereafter referred to as "ICG" or "Lessee").
WHEREAS, the Lessee desires to obtain from the City a lease on a [insert new total here] acre
parcel in an area at the southern most tip of Cass Park, being a city park owned and maintained by the City,
for the purposes of providing hands-on educational opportunities for youth of all ages complementing
existing park programs, and
WHEREAS, ICG is a tourist attraction that provides a highly visible and attractive entrance to the
city and is available to the general public; and
WHEREAS, the Lessee provides hands-on educational opportunity for youth of all ages, and the
community at large, and
WHEREAS, the legislature of the State of New York granted in 2001 permission to the City of
Ithaca to utilize a 3.042 acre parcel of Cass Park, which is City park land, to enter into a long term lease
with ICG (Chapter 113 of the Laws of 2001, approved and effective July 25, 2001), and
WHEREAS, the City did on January 12, 2004, enter into a lease with ICG for said 3.042 acre parcel
of Cass Park, with a lease expiration of December 31, 2028; and
WHEREAS, in light of the success to date of ICG, the City and ICG now seek to expand the
footprint of ICG leased premises to allow increased, year-round garden and park-based programming at
ICG with an appropriate infrastructure. Pending master planning process, ICG anticipates utilizing the new
area, in keeping with the style and uses of the existing area, and may include, an (i) “infant garden” (safe
contained grassy area with soft, sensory plants), (ii) water garden, (iii) plant nursery and greenhouse, (iv)
alphabet garden, (v) dye & fiber garden, (vi) boulder garden, (vii) extended covered terrace to replace
functionality of pavilion and to provide covered gathering and picnic area, (viii)autumn garden, (ix):
pumpkin patch and corn maze, (x) cut flower garden, (xi) garden café, (xii) treehouse and (xiii) construction
of an Urban Environmental Education Center;
NOW, THEREFORE, in consideration of the promises and the mutual covenants and conditions
herein contained, it is agreed by the parties hereto as follows:
Page 2 of 13
ARTICLE ONE: PREMISES.
The City hereby grants to the Lessee and the Lessee hereby accepts from the City a lease for the
period herein stated, and subject to all the terms and conditions herein contained, on a _____ acre
parcel in an area at the southern most tip of Cass Park, bordered on the east by New York State
Route 89, on the west and north by the Cass Park loop road and associated parking lot and more
particularly described in the accompanying survey map, attached hereto as Appendix I (hereinafter
referred to as ''the Premises"). Common Council resolution adopting lease attached hereto as
Appendix II.
ARTICLE TWO: TERM AND CONTINGENCIES.
(a) Effectiveness of this lease shall be contingent upon (i) New York State legislative approval of
the parkland alienation necessary to permit the City to lease the premises as described above,
and (ii) relocation of the existing parking area to the mutual satisfaction of the parties, as
indicated in a letter referencing this requirement that is signed by both the Mayor of the City
and an authorized representative of ICG.
(b) If this lease does take effect, the 2004 lease between the parties is hereby terminated and
superseded by this Lease. If this lease does not take effect, the 2004 lease between the parties
shall remain in force by its terms.
(c) The lease term shall commence on such date as specified by the Lessee in a written notice to
the Lessor, delivered by certified mail, return receipt requested, not less than 90 days after such
notice is mailed, but not more than three years after satisfaction of both of the contingencies
identified in subsection II(a), above. If a date of said three-year mark or earlier has not been
specified by said three-year mark, this lease shall not take effect.
(d) This lease shall be for the term of twenty-five (25) years, starting upon the effective date set
forth in subsection c above, and ending on the 25th anniversary of that date. It is understood
by both parties that a renewal of this lease may require additional legislative approval. If the
Lessee wishes to renew its lease at the end of the lease term, or any extension thereof, the
Lessee shall provide written notice of renewal to Lessor at least twenty four (24) months, but
not more than thirty six (36) months, prior to the termination of this lease. Thereafter, and up
until eighteen (18) months prior to the expiration of the term, the Lessor may reject the renewal
by majority vote of the Common Council, absent which the City shall cooperate with ICG in
seeking New York State legislative approval of the renewal period, if such approval is
necessary to the effectiveness of the renewal term.
ARTICLE THREE: FAILURE TO PERFORM, BANKRUPTCY.
(a) If the 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 contained in this lease which, on the part
Page 3 of 13
of the Lessee, are 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 sixty (60) days after notice and demand given by the Lessor, such notice to be delivered by certified
mail, return receipt requested; or
(b) If, during the demised term, the Lessee shall be adjudicated bankrupt or make a general assignment
for the benefit of creditors or take the benefit of any insolvency act, or a permanent receiver or trustee in
bankruptcy be appointed for the Lessee's property and such appointment for a temporary receiver be not
vacated and set aside within ninety (90) days from the date for such appointment, or in the event of any
attempted transfer or other devolution of the interest of any part thereof of the Lessee to any other person
or corporation by reasons of the several acts and things hereinabove last enumerated
THEN, in any of the events enumerated above, the Lessor may, at its option, and upon thirty (30)
days notice in writing, served as provided in ARTICLE NINETEEN hereof, terminate this lease; and this
lease and the term thereof shall automatically cease and terminate at the expiration of said thirty (30) day
period; and it shall be lawful for the Lessor, at its option, to enter the 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, or
by force or otherwise. Upon such termination, all buildings, fencing, plantings and related items shall, at
the Lessor's option, immediately revert to the City.
ARTICLE FOUR: USE OF PREMISES.
(a) The City of Ithaca affirms the public benefit provided residents of the City of Ithaca by ICG. The
Lessee covenants and agrees that it will, during the period of this lease, reasonably use the Premises and
any building and improvement situated thereon for public gardens, to provide an opportunity for hands-on
educational opportunities for youth of all ages, and to complement existing park programs, including any
uses related thereto, as a benefit for the City of Ithaca and open to the general public. In addition, the
premises will be available for other uses as deemed appropriate by Lessor, provided such uses do not
conflict with the uses of Lessee, limited to use by the general public for passive recreation, park or other
purposes as deemed appropriate by Lessor, provided however that the City shall be solely responsible for
all costs and expenses for said use and shall indemnify and hold the Lessee harmless from any and all
liability, including reasonable attorney's fees, related to said use. 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 use by Lessee. Notwithstanding this
paragraph, ICG may use portions of the premises and any building and improvement for the running and
management of the public gardens, including limited closure to the public at some or all times, such as, by
way of limited examples, tool storage areas, ICG staff and management offices, and classrooms open only
for authorized ICG camps and programming.
(b) The Lessee agrees to conduct and use the Premises for no other purposes than herein stated and to
equip the same at the Lessee's own cost and expense. The Lessee further agrees that the leased area is to be
operated by the Lessee, amongst other purposes, for public outdoor recreation in compliance with local
Page 4 of 13
ordinances and with the provisions of the Federal Land and Water Conservation Fund Act and
implementing guidelines.
(c) The Lessee further covenants and agrees that at all times during the demised term, the Premises,
including the buildings and improvements situated thereon or connected therewith and all appurtenances
thereto and equipment thereof, shall be kept by the Lessee at its own expense in good repair and in a clean,
safe, wholesome and tenantable condition and in conformity with the requirements of all municipal, county,
state and federal laws, rules and regulations; that all health, police, zoning, fire, building, subdivision, and
other regulations shall; in all respects and at all times, be fully complied with by the Lessee and in particular
that at the end of the growing season the Premises will be appropriately cleaned and winterized; that the
Lessee will not at any time remove or permit to be removed any existing building or improvement from the
Premises except as in this lease provided; that the Lessee shall not cut down, or cause to be cut down, any
trees on the Premises without the express approval of the City Forester; that the Lessee will keep the
Premises and improvements thereon insured against liability and fire or other hazards and shall save the
Lessor harmless and indemnify it at all times against any loss, damage, penalties, costs and expenses,
judgments and decrees, by reason of a failure to do so in any respect or by reason of violation of any of the
laws, 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 Premises, or by reason of any use which may be made of the
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 Premises or in any building situated
thereon or improvement connected therewith, or by reason of the failure of the Lesee 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.
(d) The Lessee agrees to comply with the Americans with Disabilities Act (ADA) in providing and
maintaining, at its own cost and expense, accessibility to the Premises, gardens, and buildings.
(e) The Lessee agrees to accept full responsibility for disposal of trash generated on or in the vicinity
of the Premises, will provide trash receptacle(s) at the buildings and garden areas and will remove all trash
at its own expense.
(f) The Lessee agrees to keep the garden area, buildings and equipment in a safe, neat and orderly
condition and to store all tools and equipment in a safe manner, recognizing that as part of its educational
mission the Premises will be used to exhibit all aspects of gardening including allowing plants to go to seed.
(g) The Lessee agrees not to use, nor suffer or permit any person to use, the Premises or any part thereof
for any illegal purpose in violation of any federal, state or municipal law, ordinance, rule, order or regulation
or of any ordinance, rule or regulation hereafter adopted.
ARTICLE FIVE: IMPROVEMENTS.
(a) ICG may, in its discretion, upon the prior approval of the City’s Common Council—or, for buildings
with a footprint of less than three hundred (300) square feet, the Board of Public Works—construct, erect
Page 5 of 13
or install buildings on the Premises for informational and educational use, for storing tools and equipment,
or other uses related to Ithaca Children’s Garden and management of Ithaca Children’s Garden. The
construction, erection or installation of buildings shall additionally be subject to site plan approval. ICG
shall be responsible for obtaining any required permits. At the Lessor's option, any such permanent
buildings shall immediately become the property of the City of Ithaca at the termination of this lease.
(b) Fencing around or in the proximity of the Premises, if any, shall be installed by and at the expense
of ICG and shall be subject to approval of the Board of Public Works.
(c) It is understood and agreed that in the event the Lessee shall construct buildings and structures or
landscaping upon the 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 FOUR hereof. All such buildings shall
be kept in good repair and maintained in a neat, clean and safe manner by ICG at its sole expense.
ARTICLE SIX: UTILITIES, PARKING, SECURITY.
(a) Lessee shall be responsible to construct and interconnect and maintain the necessary water and
sewer lines to the existing city systems in accordance with the Lessor's engineering criteria. All utility
service to the Premises shall be the sole responsibility of ICG. Such utility service shall be installed at the
sole expense of ICG upon prior approval by the Department of Public Works which approval shall not be
unreasonably withheld and service fees for such utilities shall be billed to and paid for by ICG.
(b) Designated parking for the Premises shall be in the parking lot relocated, if in fact such relocation
is achieved, in proximity to the current playground and picnic pavilion near the Premises. Such parking is
on a first-come, first-serve basis. The Lessee agrees that there shall be no more than 5 restricted or reserved
parking spaces for the exclusive use of the Premises. The Lessor shall have no responsibility for developing
additional parking areas for use by Lessee. The above-described parking lot will be maintained by the
Lessor
(c) The Lessee agrees to honor the existing designated parking areas at Cass Park. There will be no
driving on the lawns outside of the Premises to service the leased area, except as may be necessary to install
or remove tools, improvements, equipment or buildings, and such shall be coordinated with the Department
of Public Works.
(d) Security for the protection of the Premises and its tools, equipment, buildings and appurtenances,
shall be the responsibility of ICG and shall be provided at ICG's sole cost and expense. The Lessee agrees
to indemnify and forever save and keep the City and its employees and agents harmless from and against
any damage to the Premises and its tools, equipment, buildings and appurtenances caused by a breach in
security.
ARTICLE SEVEN: WAIVERS OF LIEN.
The Lessee covenants and agrees that the 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
Page 6 of 13
upon the Premises without securing in such contract or agreement a waiver or waivers of lien against the
Lessor's interest in the 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
Premises shall have any lien upon the Lessor's interest in the Premises and that any and all liens upon the
Lessee's estate and interest in the Premises and the buildings and improvements situated therein shall be
subject to the prior rights of the Lessor under the terms and provisions of this lease agreement, and no
authority is given by this lease to the Lessee, expressly or impliedly, to bind the Lessor for the payment of
any money in connection with the construction, repairing, alterations, additions or reconstruction work on
the Premises, nor is there any authority given the Lessee by this lease, directly or indirectly, to permit any
mechanics, material-men's, or contractors liens to arise against the Lessor's interest in the Premises or the
buildings or improvements thereon, and the Lessee expressly agrees that it will keep and save the Premises
and the Lessor harmless from all damages arising from any such liens or lien created through any act or
anything done by the Lessee.
ARTICLE EIGHT: RENT, OTHER COMPENSATION.
The City accepts, in lieu of rent, and as reasonable consideration for this lease, the Lessee's sizeable
investment in the Premises, which may include construction and maintenance of an information and
education center, garden sheds and other buildings, which—along with the delivery of valuable community
gardening services to the public—are an amenity to the community. The Lessee additionally agrees to
reimburse the City for all Stormwater User Fees due arising from impermeable surfaces contained within
the Premises, calculated as follows: (a) prior to construction of a building containing in excess of three
hundred (300) square feet of impermeable surface, the Premises will be assumed to contain exactly 2.5
Equivalent Residential Units of impermeable surface, and (b) after construction of such a building,
calculated based on the actual amount of impermeable surface as if the Premises were a freestanding tax
parcel.
ARTICLE NINE: INSPECTIONS.
The Premises, its buildings, and all other appurtenances may be inspected at any time by authorized
representatives of the Lessor and, in order to protect the public interest in the Premises, the Premises and
use of the Premises shall be inspected and reviewed by a representative of the Lessor on, at least, an annual
basis. If the Lessor determines that ICG does not meet the standards of maintenance, public use and
accessibility as described in this lease, then and in that event, the Lessor shall so inform ICG, in writing.
ICG shall have thirty (30) days from receipt of written notice to acknowledge receipt of said notice; sixty
(60) days thereafter to submit a plan to correct said deficiencies and one hundred eighty (180) days to
correct said deficiency or deficiencies. If said deficiency or deficiencies are not corrected within one
hundred eighty. (180) days, the Lessor may terminate said lease upon thirty (30) days written notice to the
Lessee and all buildings, fencing, plantings and related items shall, at the Lessor's option, immediately
revert to the Lessor upon said termination.
Page 7 of 13
ARTICLE TEN: HOURS OF OPERATION
The Lessee agrees that the hours of outdoor operation of the Premises shall be from Monday through
Sunday: 8:00 a.m. to 10:00 p.m, or at such other days and times as the City of Ithaca and ICG shall from
time to time agree. Hours of operation of the building shall be posted, and the building shall be staffed
during the posted hours. It is understood that Children's Garden employees and/or volunteers may be on
the premises at times other than the hours of operation for gardening or related purposes.
ARTICLE ELEVEN: EMPLOYEES.
(a) In accordance with the laws of the State of New York and ordinances of the City of Ithaca, the
Lessee will not discriminate against any employee, applicant for employment, sub- contractor, supplier of
materials or services or program participant because of actual or perceived: age; creed; color; disability;
ethnicity; gender identity or presentation; height; immigration or citizenship status; marital status; national
origin; race; religion; sex; sexual orientation; socioeconomic status; or weight of such other person or group
of people.
(b) A condition, under the laws of the State of New York, for entry into this lease is the presentation
by Lessee that the Lessee provides the levels of worker compensation and disability coverage required by
the State of New York or that the Lessee is not required to provide such coverage.
(c) The Lessee agrees to operate the garden, and further agrees to employ competent employees and at
all times have sufficient employees on duty to render adequate service and assistance to the public during
the hours of indoor operation.
ARTICLE TWELVE: FEES.
The Lessee agrees that the Premises shall be open to the public free of charge, except that the Lessee may
charge fees to the general public for educational programs (such as summer camps, afterschool programs,
field trips), special events and similar activities. All such fees shall be comparable with fees structures
charged by other local or not-for-profit educational community institutions.
This section shall not be construed to prohibit the establishment by the Lessee of a gift shop, farmstand or
other sales on the Premises of goods related to the Lessee's activities.
ARTICLE THIRTEEN: SURRENDER.
Upon the termination of this lease by forfeit, voluntary surrender or upon its expiration, the Lessee
covenants and agrees to at once peaceably deliver up to the Lessor the Premises together with, at the Lessor's
option, all buildings and improvements thereon, and that all building and improvements thereon shall
thereafter belong to the Lessor without the necessity of any deed of conveyance or other assignment or
Page 8 of 13
transfer by the Lessee and that no compensation shall be allowed or paid therefor to the Lessee or to anyone
claiming by, through, or under the Lessee.
Upon termination or expiration, ICG shall, at the Lessor's option, restore the Premises to the condition in
which they were prior to commencement of the lease term, including, but not limited to, reseeding the
garden area, removing, at the Lessor's option, all buildings and fences and restoring the area beneath said
buildings and fences to its original condition.
ARTICLE FOURTEEN: ASSIGNMENT.
It is hereby covenanted and agreed by and between the parties hereto that the Lessee may not sell, convey
or assign its interest in the Premises and in the buildings thereon without the written consent of the Lessor.
It is further provided that approval of one assignment by the Lessor shall not constitute approval for any
subsequent assignment.
It is further understood and agreed that in the event of an assignment of the interest of the Lessee in the
Premises and any improvements thereon by operation of law, this lease agreement shall cease and terminate,
and the Lessee's interest in the Premises and in the buildings or appurtenances constructed or reconstructed
thereon shall revert to the Lessor and the Lessor shall be deemed to be the sole owner thereof, free of all
liens and encumbrances. It is further understood and agreed that in such event, any and all obligations of
the Lessee hereunder shall cease and terminate.
ARTICLE FIFTEEN: TERMINATION.
The Lessee may terminate this lease at any time by giving thirty (30) days written notice to the Lessor. The
Lessor may terminate this lease on no less than 18 months’ notice, and only by a vote of the City of Ithaca
Common Council, which vote shall be noticed in writing to the Lessee at least 90 days prior to such vote.
ARTICLE SIXTEEN: 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 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, the Lessor shall be entitled to and shall receive the entire award or payment therefor with respect
to the land. Any awards or payments made for any buildings and the appurtenances which shall be so taken
or for any damages thereto shall be assigned or transferred by the Lessor to the Lessee, except that the
Lessee shall share those awards or payments with the Lessor on such basis as the Lessee and the Lessor
shall determine to be reasonable and equitable to the extent that the Lessor has contributed to the
development, funding or construction of the buildings and appurtenances.
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The Lessor agrees to give the Lessee notice of any condemnation proceedings immediately upon knowledge
of such proceedings.
ARTICLE SEVENTEEN: PERMITS.
The Lessee shall procure at the Lessee's own cost and expense all permits or licenses necessary for the legal
operation of the Premises including, but not limited to, necessary permits related to building construction,
buildings, appurtenant structures and similar permit requirements. Special Event Permits shall not be
required as a matter of course for events hosted within the leased Premises, but may be outside the leased
Premises to the extent otherwise required by applicable City policy or law.
ARTICLE EIGHTEEN: EVENT PLANNING
The Lessee shall annually provide the Director of the Ithaca Youth Bureau and the City Clerk (on behalf of
the Special Events Committee) with a calendar of events planned or anticipated to take place on the
Premises in the coming year, and to provide periodic and timely updates as necessary throughout year
regarding changes and additions to that calendar.
ARTICLE NINETEEN: NOTICES.
All notices to the Lessee which may be required under the terms of this lease may be served by mailing the
same to the Lessee at the following address:
1001 West Seneca St., Suite 101Ithaca, NY 14850
and by (1) delivery in person to ICG’s Executive Director (or comparable position) or (2) leaving a copy
thereof to the Lessee’s place of operation or with any person in charge of the facility.. All notices to the
Lessor may be served by mailing or by personally delivering same to the Lessor at the following address:
Mayor of the City of Ithaca
108 East Green Street,
Ithaca, NY 14850
and
City Attorney
City of Ithaca
108 East Green Street Ithaca NY 14850
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ARTICLE TWENTY: INDEMNIFICATION, INSURANCE, BONDING AND OTHER SECURITY
REQUIREMENTS
I. Indemnification and Insurance Requirements:
Lessee, to the fullest extent as permitted by law, shall indemnify, defend, and hold harmless the City of
Ithaca, its officers, employees, and agents from any and all losses, costs, expenses, claims, liabilities,
actions, or damages, including liability for injuries to any person or persons or damage to property arising
at any time during and/or arising out of or in any way connected with Lessee’s use or occupancy of the
Premises and adjoining property.
Lessee shall procure and maintain insurance against any and all losses, costs, expenses, claims, liabilities,
actions, or damages, including liability for injuries to any person or persons or damage to property arising
at any time during and/or arising out of or in any way connected with Lessee’s use or occupancy of the
Premises and adjoining property.
The following are the minimum required insurance coverages:
a. Commercial General Liability
Bodily Injury and Property Damage: $1,000,000 Each Occurrence
Products/Completed Operations: $2,000,000 Aggregate
Personal Injury & Advertising Injury: $1,000,000 Each Person/Organization
General Aggregate: $2,000,000 Per Location Basis
Damage to Rented Premises: $1,000,000
b. Business Automobile Liability
Combined Single applicable to all
Owned, Non-Owned and Hired Autos $1,000,000 Each Accident
c. Excess "Umbrella" Liability
Bodily Injury and Property Damage: $5,000,000 Each Occurrence
Products/Completed Operations: $5,000,000 Aggregate
General Aggregate: $5,000,000 Per Location Basis
d. Workers' Compensation & Employers' Liability
Workers Compensation Limits: Statutory Limits
Employers Liability Limits:
x Each Accident $1,000,000
x Disease Each Employee $1,000,000
x Disease Policy Limit $1,000,000
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The insurance carriers providing the required coverages shall be licensed to do so in New York State, and
shall be rated no lower than "A- X" by the most recent Best's Key Rating Guide unless otherwise agreed
to by the City.
All policies must be endorsed to include City as additional insured on a primary and non-contributory
basis.
All policies must be endorsed to waive all rights of subrogation against City.
Lessee shall deliver prior to the use or occupancy of premises a Certificate of Insurance (including a
copies of the Additional Insured and Waiver of Subrogation endorsements) acceptable to City certifying
that policies of insurance for the required coverages have been issued and are in effect. Upon expiration
or cancellation of any policy during the period of the Lessee’s use or occupancy, the Lessee shall
immediately deliver to the City a Certificate of Insurance evidencing proper renewal or replacement of
the policy
Lessee shall report any personal injuries or property damage arising at any time during and/or arising out
of or in any way connected with Lessee’s use or occupancy of the Premises and adjoining property to the
City, in accordance with the Notice provisions of this Lease, in writing and as soon as practicable
II. Bonding and Security Requirements on Buildings or Structures Constructed on the
Premises
a) City shall have the right to require Lessee to furnish bonds covering faithful performance of any
construction and payment of obligations arising thereunder for Lessee’s construction of any buildings or
structures on the Premises. On such bonds, the City of Ithaca shall be named as an obligee. The required
bonds shall carry an AX, or better rating, as detrmined by the Best Rating Guide, and executed on an AIA
A311 “Performance Bond” and “Labor and Material Payment Bond”, 1970 Edition or comparable format.
b) As provided in Article SEVEN, in no event shall Lessee secure financing with any building or
fixture on the Premises serving as collateral, or otherwise cause a lien to be filed against any building or
fixture on the Premises.
ARTICLE TWENTY-ONE: PUBLIC USE.
In the event the Lessee shall fail to use the Premises for the purposes hereinbefore described in ARTICLE
FOUR for one full year during the term of this lease, the Lessor may, at its option, notify the Lessee of its
election to terminate this lease and, upon termination, all buildings, fencing, plantings and related items
shall, at the City's option, immediately revert to the City.
ARTICLE TWENTY-TWO: NOT-FOR-PROFIT ORGANIZATION.
In the event that, at any time during the term of this lease, the Lessee or assignee shall cease to be a not-
for- profit corporation, this lease shall cease and terminate at the option of the Lessor and all buildings,
fencing, plantings and related items shall, at the City's option, immediately revert to the City.
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ARTICLE TWENTY-THREE: TAX STATUS.
It is understood that ICG, Inc. is a not-for-profit corporation with tax exempt status. Lessee agrees that,
should the tax assessor of Tompkins County determine that the subject parcel is not tax exempt, Lessee
shall be responsible for all tax payments on the subject parcel. This lease shall immediately terminate if
such tax payments are not made in a timely manner and all buildings, fencing, plantings and related items
shall, at the City's option, immediately revert to the City.
ARTICLE TWENTY-FOUR: SIGNAGE.
The Lessee shall, in any signage, literature and advertising, identify the Premises as being publicly owned
and operated by ICG, Inc. as a public recreation facility. Signage on the Premises shall identify the Premises
as being open to the public during the agreed-upon hours of operation, including “Free and Open to All” or
such similar message as approved by the Board of Public Works. All signage shall be directly related to
programming occurring on the premises, and shall be in compliance with applicable City laws and
ordinances, and permanent sign installations may only be installed after approval by the Board of Public
Works.
ARTICLE TWENTY-FIVE: NONDISCRIMINATION.
It is mutually understood and agreed that the Lessee, in its services to the public and in the employment if
its agents, contractors and/or employees, shall not discriminate against any person by -reason of actual or
perceived: age; creed; color; disability; ethnicity; gender identity or presentation; height; immigration or
citizenship status; marital status; national origin; race; religion; sex; sexual orientation; socioeconomic
status; or weight of such other person or group of people; and any contract entered into by the Lessee shall
contain such a nondiscriminatory clause.
ARTICLE TWENTY-SIX: CITY SERVICES:
(a) The City may from time to time, in its sole discretion, provide snow removal to the parking lot adjoining
the Premises.
(b) To the extent feasible, in the City’s sole judgment, and in a manner similar to mowing that the City
provides to other similar park areas, i.e., mowing larger grassy areas but not detailed mowing, the City will
provide mowing to those areas of the Premises not under cultivation. ICG agrees to waive any claim against
the City for any damage to plants, trees, shrubs or other plantings incurred as a result of snow removal or
mowing.
ARTICLE TWENTY-SEVEN: SEVERABILITY.
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In the event that any term, condition, clause or provision of this lease shall be deemed null and void, the
remaining terms, conditions, clauses and provisions of this lease 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 ninety (90) days after the date of notification to declare said
lease null and void in its entirety.
ARTICLE TWENTY-EIGHT: SUBSTITUTE PARKLANDS.
It is understood between the parties that this lease does not constitute a Conversion under Federal law or
regulation, and that therefore there is no requirement for the City to acquire substitute park land in order to
satisfy the conditions for the alienation. Instead, under state law, the City will be required to make capital
improvements to existing park and recreational facilities in an amount equal to the fair market value of the
Lessee's interest in the land. Such condition will be satisfied by the construction or renovation of Stewart
Park Improvements at a cost of not less than $500,000, including ongoing construction of a new playground.
If during the term of this lease a determination is made by the State of New York or the United States
Department of Interior that substitute park land must be acquired by the Lessor in order to satisfy the
requirements for alienation, the Lessor at its discretion may acquire such land or terminate this lease.
However, the Lessor will not take such action to terminate without consultation with the Lessee and without
making every reasonable effort to resolve this issue through means other than termination.
IN WITNESS WHEREOF, the parties hereto have executed this lease on the day and year first above
written.
CITY OF ITHACA
BY:__________________________
[Add Name]
ITHACA CHILDREN’S GARDEN
BY:__________________________
[Add Name]
CA Agenda – 9/18/19
4. City Administration, Human Resources and Policy
.3 Agreement Between Cornell and the City for Construction of Expanded Thurston Avenue
Sewer Main
WHEREAS, Cornell University has proposed a development project on its campus, entitled the North
Campus Residential Expansion (hereafter, “NCRE”), that seeks to construct five new undergraduate
student residence halls and related facilities; and
WHEREAS, the NCRE proposal will cause the waste loads passing through the Thurston Avenue
sewer main to exceed the recommended maximum flows for certain segments of that main; and
WHEREAS, the NCRE therefore cannot be constructed until certain sections of that main are replaced
with larger-capacity pipe (“the Project”); and
WHEREAS, Cornell now seeks permission to contract out—at Cornell’s expense—the Project, subject
to appropriate City oversight; now therefore be it
RESOLVED, That the Mayor, subject to the advice of the City Attorney, is authorized to execute a
Memorandum of Understanding with Cornell substantially similar to the Memorandum of
Understanding included herewith.
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Draft 05.17.19 SKE
Memorandum of Understanding
Between the City of Ithaca and Cornell University
Concerning
Certain Sewer Capacity Improvements to Thurston Avenue Sewer
“Northside Sanitary Sewer Interceptor”
This Memorandum of Understanding (“MOU”) is made as of the ______day
of ___________, 2019 by and between the City of Ithaca (“City”), a New York
municipal corporation of Ithaca City Hall, 108 East Green Street, Ithaca, NY 14850,
Attention: Superintendent of Public Works, and Cornell University (“Cornell”), a
New York education corporation of Suite 102 Humphreys Service Building, 659
Dryden Road, Ithaca, NY 14850, Attention: Paul Stemkoski, AIA; and
Whereas, the Thurston Avenue Sanitary Sewer “Northside Sanitary Sewer
Interceptor” (“NSSI”) is a public sanitary sewer running northwesterly beneath a
public City street, Thurston Avenue, from the South side of the Thurston Avenue
Bridge to Stewart Avenue and from there eventually connecting to the Ithaca
Waste Water Treatment Facility; and
Whereas, the NSSI is owned jointly by the City and the Town of Ithaca
(“Town”) and the cost of its maintenance and replacement is shared by them; and
Whereas, the NSSI is 54 years old and while it has experienced no adverse
operational or maintenance issues to date, portions of it are at or near capacity as
described in a Memorandum dated October 12, 2018 from Erik Whitney, PE,
Assistant Superintendent of Public Works (“Memorandum of October 12, 2018”)
and attached hereto as Exhibit A; and
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Whereas, Cornell proposes to construct its approximately 2,000-bed North
Campus Residential Expansion Project (“NCRE”) and will need to connect it to the
NSSI, specifically, the NCRE will need to connect via one (1) of Cornell’s existing,
Cornell-owned and maintained, sanitary sewer lines, which joins NSSI at Manhole
#3 and another at the terminus of the Sisson branch “interceptor” which connects
to the NSSI at Manhole #6, as shown on the “Summary of Current and Future Sewer
Capacity Thurston Avenue Sewer” (“Whitney Summary”) attached to the
Memorandum of October 12, 2018; and
Whereas, on March 26, 2019, the City’s Planning and Development Board
granted preliminary site plan approval to the NCRE, a copy of which adopted
resolution (“Resolution”) is attached hereto as Exhibit B; and
Whereas, the Resolution conditioned the granting of future Final Site Plan
Approval in part on the execution of a Memorandum of Understanding between
the City and Cornell “to facilitate and fund a project to replace and upgrade the
Jointly Owned (City and Town of Ithaca) Thurston Avenue Sewer Interceptor, as
specified in the [Memorandum of October 12, 2018]” (the “Condition”); and
Whereas, the Parties acknowledge that the actual elevations, lengths and
diameters of the segments as contemporaneously verified in the field, are
necessary to determine with greatest accuracy which segments would be above
80% of capacity at Design Flows if flows from the NCRE project were added and
how to remedy deficiencies; and
Whereas, the actual elevations and other data from field measurements
have been compiled by an independent contractor, T. G. Miller P.C. – Engineers and
Surveyors, Frank Santelli, P. E., at Cornell’s expense and are described in the table
“CU North Campus Housing, City-Town Northside Sanitary Sewer Interceptor”
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dated March 12, 2019 (“Table”), attached hereto as Exhibit C and graphs “Pre and
Post Interceptor Capacity Comparison” (“Graphs”), attached hereto as Exhibit D
and
Whereas, based on the data compiled in the Table, the segments designated
5-6, 6-7, either 7-meter station or 5-meter station; 8-9; 13--16; and 23-24 require
replacement with larger-sized sewer pipes of not less than eighteen inches in
diameter and associated connections and equipment (the “Work”) in order for
NCRE to connect, via Cornell-owned sewer lines, to NSSI; and
Whereas, Cornell requests permission to perform the Work at its own cost
and expense as a condition pre-requisite to connecting the NCRE project, via
Cornell-owned sewer lines, to NSSI; and
Whereas, the City has determined that it is in the interest of public health,
safety and welfare for the City to allow the Work to be performed by Cornell at
Cornell’s cost and expense, subject to the City’s inspection and acceptance; and
Whereas, Cornell is willing to perform the Work and deliver the finished and
accepted Work to the City (and beneficial ownership thereto also to the Town) on
certain terms and conditions, and the City is willing to accept the Work on those
terms and conditions, on its own behalf and on behalf of the Town, as hereinafter
set forth.
NOW THEREFORE, the Parties agree as follows:
1. The scope of the Work (“Scope of Work” or sometimes “Work”)
shall consist of tasks and components associated with the removal and
replacement—not via abandonment—of the existing sewer piping and manholes
identified as lacking sufficient reserve capacity, to wit, segments 5-6, 6-7, either 7-
meter station or 5-meter station; 8-9, 13-16; and 23-24. The size of replacement
4
sewer mains shall be increased as determined by engineering design calculations,
but in no event less than eighteen inches in diameter. The Work includes but is not
limited to short term road lane closures along Thurston Avenue, excavation and
backfill in accordance with engineered design details, pipe replacement with PVC
piping, replacement of all currently-connected laterals to adjacent properties up to
the limits of the street right of way, all relocations or replacements to City
satisfaction of other utilities necessary either to replacing the specified sewer
mains or to any associated aspects of the Work, pavement restoration and striping,
and lawn restorations where disturbed.
2. Cornell shall bear the costs and expenses and those of its
contractors, for the design and construction of the Work. Cornell shall perform or
cause the performance of the Work in a good and workmanlike manner. Cornell
shall administer the Work; oversee design; acquire all municipal or other required
permits (if any); oversee bidding; contract for and oversee construction; and
provide construction inspection services. Cornell shall obtain the City’s advance
written approval of the plans and specifications of the Work and any material
change orders to the Work. Cornell shall communicate with and keep the City
regularly informed of progress of the Work through their respective
representatives named in Paragraph 8 (collectively “MOU Administration”).
3. If requested by Cornell, and thereafter approved by the City in
its reasoned discretion, the City shall acquire any necessary construction or
permanent easements from third-parties in a timely fashion. The reasonable
expense of acquiring any easements including payment made to third parties for
easements shall be reimbursed to the City by Cornell within thirty (30) days of
presentation of the invoice by the City.
5
4. The City shall approve Cornell’s plans, specifications, and cost
estimates for the Project, including the location of any proposed construction or
permanent easement over third-party land, at each phase of the Work’s design
including schematic design, design development, and construction documents
prior to Cornell’s advertisement for construction bids. The City agrees to review
documents provided by Cornell in a timely fashion but in any event not less than
twenty (20) business days after their presentation to the City. If the City fails to
provide a response within that time, the documents shall be deemed accepted by
the City. The City shall inspect the Work (in any instance that it elects to inspect)
within five (5) business days of notice from Cornell or its contractor that a given
stage or component is or will be ready for inspection. The City shall not
unreasonably withhold or delay approval of the design documents or construction
documents, or the Work. The City shall bear its own costs and expenses of review,
approval, and inspection, including that of any contractors engaged solely by the
City and that of its staff on reviews and inspections for performing this and or
related obligation herein. However, the Parties agree to reduce time, effort and
duplication of services by selecting mutually agreeable contractors, to be
compensated solely by Cornell, for such services as independent, certified
inspections and testing.
5. Cornell agrees to perform the Work or cause the Work to be
performed in a manner that reduces inconvenience to the public to the extent
practicable and provide advance public advisories of the date and time of road
closures and detours, if any. One-lane or short intermittent closure for maneuvers
during the construction day will not require advance public advisories. Subject to
obtaining all required permits and approvals, Cornell agrees to schedule
6
construction of the Work to begin tentatively in the Summer of 2020 or Summer of
2021 and be completed prior to the expected completion of the Sophomore Site of
the NCRE and to complete the Work, schedule commissioning and inspection and
otherwise satisfy the City and obtain its acceptance of the completed Work not
later than thirty (30) days prior to scheduled completion of NCRE Sophomore Site
(the Sophomore Site is scheduled to be completed approximately a year before
First-Year-Student Site of NCRE), and to have road and sidewalk pavement
substantially repaired where it was disturbed due to the Work and reopened to
vehicular and pedestrian traffic in both directions not later than thirty (30) days
prior to scheduled completion of NCRE First-Year-Student Site (“Schedule of
Work”). Cornell shall provide an updated, tentative Schedule of Work not later
than March 15 of the year in which it plans to perform the Work. The parties
acknowledge that if construction of NCRE is delayed or stayed by operation of law
or court order, or other Force Majeure as hereinafter defined, and if
commencement of physical alteration of any kind constituting the Work has not as
of that time yet commenced, the Schedule of Work may be adjusted
commensurately by Cornell, including adjusting for any reason, the completion of
the Work to thirty (30) days prior to the completion of the First-Year-Student Site.
Cornell agrees to ensure that total construction duration of all aspects of the Work,
including restoration, shall in no event, other than force majeure, exceed two
consecutive months. Cornell further agrees to make a good faith effort to schedule
the Work so as to coincide with any road closures necessary to the Thurston Ave.
Transportation Improvements (to be governed by separate MOU between the
parties). Cornell shall provide an updated written Schedule of Work to the City as
reasonably requested from time to time.
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6. Cornell agrees that it shall include in all bid solicitations and bid
and contract documents the requirement that the successful bidder contractors
and their subcontractors shall comply with the agreement between Cornell and the
Tompkins-Cortland Counties Building Trades Council, Maintenance Division , July 1,
2015 through June 30, 2020 (and any extension or successor agreements) and carry
insurance policies that name the City as an additional insured and provide proof of
the latter to the City before the commencement of physical alteration of any kind
constituting the Work. The City agrees to submit to Cornell a schedule of the
required types and amounts of insurance and bonding normally specified by the
City for the City’s protection under similar contracts and circumstances and Cornell
shall require its contractor to obtain the same..
7. Cornell shall not make any material change or reduction in the
Scope of Work from that agreed to at each stage of Work pursuant to Paragraphs
“1” without the express written consent of the City, except as otherwise provided
herein. Except as provided in Paragraphs “1”, Cornell shall not be responsible to
correct other pre-existing conditions, latent defects or other existing natural or
human-made conditions (including but not limited to broken pipes in a segment
not being replaced, title problems, or flat slopes) (collectively “Defect(s)”) other
than those described for correction by the Scope of Work. However, Cornell shall
provide reasonable adjustments to the schedule and methods of the Work so as to
accommodate and minimize the cost of such corrections to any Defect(s) as the
City may choose to make, in its sole discretion and at its sole expense. If any Defects
not already reasonably known to both Parties are discovered by either Party
hereafter that may materially interfere with the Work, they will be immediately
8
brought to the attention of the other Party for discussion and resolution of a means
for addressing the Defect in an expeditious manner.
8. Periodic communications for normal MOU Administration and
other obligations discussed in the foregoing paragraphs, such as discussions,
consultations, reviews, and inspections shall be conducted by the Parties’ respective
representatives (“Representatives”) by emails, exchange of documents, site visits,
and telephone calls. These communications will not normally be treated as requiring
the notices described in Paragraph 9. A Party’s Representative may designate in
writing a different or additional person to be that Party’s Representative(s) for MOU
Administration. The Parties respective Representatives are:
For the City:
____Erik Whitney_________________________________(name)
_____________________________________(title)
_____________________________________(street address)
_____________________________________(email)
_____________________________________(cell phone number)
For Cornell:
Paul Stemkoski, AIA
Director of Project Management
Facilities and Campus Services
9
Humphreys Service Building, Suite 102
659 Dryden Road
Ithaca, NY 14853
607-255-2251
ps522@cornell.edu
9. The Parties agree to attempt in good faith through their
Representatives to resolve any dispute, claim or controversy arising out of the Work
or relating to this MOU through prompt, diligent, and candid communication and
good faith negotiation. However, in the event that any serious dissatisfaction or
unresolved dispute arises that threatens the timely completion of the Work or
smooth MOU Administration, then either Party may give notice to the other stating
that it invokes this Paragraph 9 and describing the basis for the serious
dissatisfaction or dispute and its position on the matter in detail (“Notice”). This
and any other Notice shall be given in the manner described in Paragraph 10. Upon
the giving and receipt of such Notice, the Parties agree to refer the matter to their
respective senior executives (“Senior Executive”). The Senior Executive of each
Party shall be different from, and a supervisor of, the Representative(s) of the Party.
The Senior Executives shall meet as soon as possible with each other, but in any
event within 5 business days, and preferably in person, to discuss and resolve the
matter in the shortest amount of time practicable. This paragraph does not impose
upon either party any obligation beyond that already agreed upon pursuant to this
10
MOU; rather it acknowledges the Parties’ good faith commitment to find a solution
that is fair and beneficial to both Parties and guides the Work and this MOU to a
successful, timely conclusion. Nothing herein shall, following a good faith attempt
by the Senior Executives to resolve the matter, limit or foreclose the rights and
remedies available to either Party for the enforcement of this MOU.
10. Any Notice given by one Party to the other Party shall be written
and conveyed by U.S. Mail, email (valid upon acknowledgement by responding
email) or personal delivery to the persons designated below (with copy to the
attorney for the Party). In case of emergency, a telephone call, text, or email to the
Senior Executive designated by the other Party may be made and thereafter
confirmed with written communication following the procedure for Notices.
Notice to City:
Office of the City Clerk
Ithaca City Hall
108 East Green Street
Ithaca, New York 14850
with a copy of Notice to the Office of the City Attorney:
Notice to Cornell:
Rick Burgess
11
Vice President for Facilities and Campus Services
308 Day Hall
______ East Avenue
Cornell University
Ithaca, New York 14853
607-255-______
ffb7@cornell.edu
with a copy of Notice to the University Counsel:
Office of University Counsel, Attention Jared Pittman
300 CCC Building
235 Garden Avenue
Ithaca, NY 14853
jared.pittman@cornell.edu
607-255-5124
11. The parties shall work cooperatively toward the final inspection,
testing, and commissioning of the Work (collectively “Completion of the Work”).
Within thirty (30) days of Cornell’s notifying the City of the Completion of the Work,
the City shall accept the Work and ownership of the Work (collectively
“Acceptance”) or provide written Notice stating in detail why the Work is not ready
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for Acceptance and stating the reasonable requirements for earning Acceptance.
Cornell shall either take steps to satisfy the requirements or, if it believes the steps
are not reasonable, refer the Notice to the Parties’ Senior Executives for resolution.
Upon Acceptance, Cornell shall assign any and all of its agents’ and contractors’
contractual warranties and guarantees for the Work that are assignable, to the City.
12.
a. To the extent permitted by law, Cornell agrees that it shall hold the City
and its employees, officers, and agents harmless from and against any and all claims,
demands, actions, suits, liabilities, damages, costs, or judgments including those by
or in favor of third parties, that may be connected to, arise out of, or result in whole
or in part from Cornell’s performance of the Work (specifically including but not
limited to the acts, errors or omissions of Cornell’s consultants, contractors, or
agents) prior to the completion of such work and the City’s Acceptance of same and
not caused by the action or negligence of the City or its employees, officers, or
agents. The aforesaid responsibility shall also include reasonable attorney’s fees and
costs.Notwithstanding the City’s approval of the plans, specifications, and estimates
for the Work, or any changes to any of them, the City shall not be liable for structural
defects in or failures due to design or failure of materials or method of construction
or control over the Work site or for any injury (including death), damage, cost or
expense or for any consequence of any of them prior to the City’s Acceptance of the
Work. To the extent permitted by law, Cornell agrees that it shall hold the City and
its employees, officers, and agents harmless for structural defects or failures due to
design or failure of materials or method of construction or control over the Work
site or for any injury (including death), damage, cost or extra expense or for any
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consequence of any of them that arises prior to the City’s Acceptance of the Work
and not caused by the action or negligence of the City or its employees, officers, or
agents.
13. Following Acceptance of the Work, the City shall bear the same
responsibility over the Work and its condition, use, and operation or subsequent
maintenance or repair as fully as if the Work had been performed by the City from
its initiation. To the extent permitted by law, the City agrees that it shall be
responsible for the Work and liable for structural defects in or failures due to design,
or failure of materials or method of construction of the Work or for any injury
(including death), damage, cost or expense or for any consequence of any of them
from and after its Acceptance of the Work. To the extent permitted by law, the City
agrees to defend, indemnify and hold harmless Cornell, its employees and agents
(with the exception of Cornell’s agents and contractors whose contractual
warranties and guarantees for the Work were assignable and assigned to the City
by Cornell), from claims, actions, suits, demands, damages, liabilities, obligations,
losses, settlements, judgments, costs, expenses and penalties (including without
limitation reasonable attorney’s fees and costs) by or in favor of third parties on
account of such defects in or failure of design, structure or materials of the Work
from and after the City’s Acceptance of the Work. Notwithstanding the preceding,
in no event shall the City be required to defend, hold harmless, or indemnify Cornell
or any other party from or for any suits, actions, damages, liability, or expense
which, had it been asserted against the City directly, would not have necessitated
the City either to defend on the merits or to incur the resulting liability under
applicable law (including but not limited to, prior written notice or qualified
immunity.)
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14. The Parties agree and stipulate that this MOU amends and
satisfies the Memorandum of October 12, 2018. The Parties advise the City’s
Planning and Development Board that insofar as the City (as Party herein) is
concerned, this MOU satisfies the Condition set forth in the Resolution.
15. Cornell may elect to cancel the performance of this MOU if it
decides or is forced to not build the NCRE or to reduce substantially the size of the
NCRE. If Cornell decides or is forced to delay the construction of the NCRE, Cornell
may elect to delay the performance of this MOU by no more than said NCRE project
delay (as measured from an anticipated start date of ____, 2019), and in any event
by no more than five (5) years, provided the Work is completed and accepted prior
to the scheduled completion of the NCRE.
16. If either Party brings a suit or cause of action against the other,
it shall be brought and tried in Supreme Court of New York held in and for Tompkins
County, NY.
17. This agreement is subject to the Laws of New York.
18. Should any provision or portion of a provision of this MOU be
deemed contrary to law or unenforceable or against public policy, the remainder
of this MOU shall be reformed to the extent necessary to give effect and meaning
to the balance of the MOU and all its remaining provisions shall survive and remain
in full force and effect.
19. Nothing herein is intended or shall be construed to confer on
any person or entity other than the Parties any benefits, rights or remedies under
or by reason of this MOU.
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20. The performance of some or all the obligations of this MOU may
be delayed or excused due to the existence of conditions outside of the control of
the Parties including, but limited to, natural disasters, labor strikes and other
unrest, unusually severe or prolonged weather conditions, or war or acts of
terrorism (collectively “Force Majeure”). The performance or delay may be
excused for as long as the Force Majeure persists together with a reasonably
necessary delay for mobilization after the Force Majeure ceases, for performance
to become practicable. If either Party believes that a Force Majeure exists, it shall
immediately provide Notice to the other Party describing the Force Majeure and
the manner in which it delays or excuses performance.
21. The Town of Ithaca is not a Party but has acknowleged its assent
to this MOU as a beneficial owner, jointly with the City, of the NSSI .
22. This MOU may be executed in counterparts, each of which shall
be a duplicate original and together constitute one agreement.
23. This MOU contains all the terms, prior understandings,
representations and agreements between the Parties and may not be modified
orally or in any other manner except by written agreement specifically referring to
this MOU and signed by the Parties.
IN WITNESS WHEREOF, the Parties have caused this MOU to be signed on
the day and year indicated following each signature.
For: The City of Ithaca
By:__________________________ Dated:_____________________
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Title:_________________________
For: Cornell University
By:__________________________ Dated:_____________________
Title:_________________________
For Purposes of Indicating Its Assent Only, The Town of Ithaca
By:__________________________ Dated:_____________________
Title:_________________________
CA Agenda – 9/18/19
4. City Administration, Human Resources and Policy
.4 An Ordinance to Amend Chapter 346 of the City of Ithaca Municipal Code entitled “Vehicles
and Traffic”
ORDINANCE NO. 2019-
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 346 of the City of Ithaca Municipal Code, entitled “Vehicles and Traffic” be amended as
follows:
Section 1.
Section 346-26 entitled “Overnight Parking” is hereby amended to read as follows:
§ 346-26 Overnight parking.
Effective November 1 through April 1 of each year, no vehicle shall be parked between 7 p.m. and 6
a.m. on the odd-numbered side of a City street on even-numbered calendar days, nor on the even-
numbered side of a City street on odd-numbered calendar days,[ no person shall park a vehicle
between 2:00 a.m. and 6:00 a.m. on the odd-numbered side of all City streets on the odd-numbered
days of the calendar month, and on the even-numbered side of all City streets on the even-numbered
days of the calendar month, ] except for streets or parts thereof described in Schedule XIX of the
traffic regulations of the Board of Public Works, attached to and made a part of this chapter. For the
purpose of this section, a night shall be deemed even-numbered if that portion thereof prior to midnight
was part of an even-numbered day and odd-numbered if that portion thereof prior to midnight was part
of an odd-numbered day. This section shall not apply to the streets repealed under §§ 346-27 and 346-
28 below.
Section 2. Severability clause.
Severability is intended throughout and within the provisions of this ordinance. If any
section, subsection, sentence, clause, phrase, or portion of this ordinance is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this ordinance.
Section 3. Effective date.
This ordinance shall take effect immediately upon publication as provided in the City
Charter.