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HomeMy WebLinkAbout11-28-12 City Administration Committee Meeting Agenda City Administration Meeting s Wednesday, November 28, 2012 6:00 p.m. ti City Hall - Council Chambers AGENDA 1. Chairperson Greeting& Opening Statement 2. Announcements 3. Agenda Review and Amendments 4. Approval of Minutes 5. Statements from the Public 6. Employee Comments 7. City Administration Members Response 8. Workforce Diversity Committee 9. Mayor's Report 10. Fire Department 10.1 Request to Increase Fees -Resolution 10 Min 11. Budget Process Afterthoughts 30 Min 12. NRA 12.1 Recommendation that Condemned Property be Ineligible for an Installment 15 Min Plan for Payment of Delinquent Property Taxes—Discussion 12.2 Housing Fund, Funding Round#6—Authorize Disbursement of$230,000 10 Min Pursuant to an Executed MOU—Resolution 12.3 Housing Fund, Funding Round#6, Authorize Disbursement of$230,000 5 Min Pursuant to an Executed MOU- Lead Agency-Resolution 12.4 Housing Fund, Funding Round#6, Authorize Disbursement of$230,000 5 Min Pursuant to an Executed MOU—Environmental Determination- Resolution 13. Attorney's Office 13.1 Authorization to Enter into a Lease Agreement with Tompkins County for 10 Min use of City Land Located on Linn Street for a TCAT Bus Shelter—Resolution 14. Police Department 14.1 Request to Approve Contract with Ithaca City School District for 10 Min SRO—Resolution If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting,please contact the City Controller's Office at 607-274-6576 at least 48 hours before the meeting. CITY ADMINISTRATION MEETING November 28, 2012 Agenda Continued 15. Department of Public Works 15.1 IAWWTF—Request to Establish Funding for Septage Receiving 10 Min Building -Resolution 16. Human Resources 16.1 Amendment of Managerial Benefits for 2013 - Resolution 10 Min 16.2 Director's Report 5 Min 17. Finance/Controller's Office 17.1 Bond Resolution 5 Min 17.2 Controller's Report 5 Min 18 Reports 18.1 Novak Report 5 Min 18.2 Next Month's Meeting: Monday, December 17, 2012 If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting,please contact the City Controller's Office at 607-274-6576 at least 48 hours before the meeting. J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12 10. Fire Department .1 Request to Increase Fees WHEREAS, section 181-9 F(1) of the Code of the City of Ithaca states the Fire Chief shall promulgate a fee schedule applicable to the permits authorized under such code; and, WHEREAS, §181-9 F states that fees established in the fee schedule shall reasonably reflect the cost of receiving, investigating,processing, and issuing each of said permits; and, WHEREAS, §181-9 F requires that any schedule and said changes proposed thereto shall be submitted to the Common Council for adoption prior to the collection of such fees; and, WHEREAS, the permit fee schedule is based on the labor costs of performing the inspections and processing the permits; and because of subsequent salary increases and associated cost of fringe benefits the current fees do not reflect the actual costs of the services being provided; and, WHEREAS, the fees were last adjusted and approved by Common Council on January 7', 2009; and, WHEREAS, a proposal has been prepared and submitted to increase fees generally and as stipulated in the attached schedule, from $44.00 to $50.00 per hour, and from$66.00 to $75.00 per hour for work performed during non-business hours, which will result in such fees reflecting current costs; and, WHEREAS, the prepared proposal includes the additional permit fees for processing and the administration of permits over and above the costs of the actual inspections for issuing such permits; now, therefore be it RESOLVED, That Common Council hereby approves the proposed increase in permit fees as proposed; and, be it further RESOLVED, That these changes shall be authorized upon adoption of this resolution by Common Council, with an effective date of January 1, 2013. J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12 2013 Fire Prevention Permit and Inspection Fees Permit Type 2009 through 2012 2013 Fee Comments Fee Schedule Schedule Assembly Occupancy $1 00/building Issued annually and does not Permit—new or include inspection fees expired Assembly Occupancy $50/building Issued annually and does not Permit—renewal include inspection fees Elevator Permit $60/elevator unit Issued every 3 years and does not include inspection fees Lumberyard $50 Issued annually and does not Occupancy Permit include inspection fees Hazardous Occupancy $50 Issued annually and does not Permit include inspection fees Fireworks Use Permit $44 $50 Per event and does not include inspection fees Explosives Use Permit $44 $50 Per location and does not include inspection fees Bon Fire Permit $44 $50 Per event and includes 1 inspection Asphalt Kettles Use $44 $50 Per location/month and Permit includes 1 inspection Temporary Propane $44 $50 1 month/venue and includes 1 Permit inspection Temporary Propane $104 $125 6 months/venue and includes Permit up to 2 inspections Temporary Propane $172 $200 6 months/venue and includes Permit up to 4 inspections Welding and Cutting $44 $50 1 month/firm or business Permit and includes 1 inspection Welding and Cutting $104 $125 6 months / firm or business Permit and includes up to 2 inspections Welding and Cutting $172 $200 12 months /firm or business Permit and includes up to 4 inspections Inspection Rates during $44/hour $50/hour business hours Inspection Rates during $66/hour $75/hour non-business hours J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12 Adopted Resolution Ithaca Urban Renewal Agency September 27, 2012 Recommendation to Common Council that a Condemned Property Be Ineligible For An Installment Plan for Payment of Delinquent Property Taxes Whereas,the Ithaca Urban Renewal Agency (IURA) annually tracks properties that are delinquent in payment of property taxes because such properties are often fiscally distressed and have negative impacts on their surrounding neighborhood, and Whereas,the IURA's mission is to "improve the social, physical and economic characteristics of the City of Ithaca by expanding access to quality affordable housing, strengthening neighborhoods and the local economy" and Whereas,the IURA views foreclosure proceedings against condemned properties that blight neighborhoods as an important means to facilitate correction of unsafe or dangerous conditions or transfer of ownership of the property to a new owner who will make investments in the property, and Whereas,the IURA has observed that several property owners of property posted by the Building Commissioner as unsafe and prohibiting occupancy have entered into payment plans to pay delinquent taxes in installments to avoid foreclosure proceedings,thereby prolonging the period of time that condemned building remain unremedied, and Whereas, per§146-8 of the City of Ithaca Municipal Code, whenever the Building Commissioner finds any building is unsafe for occupancy, she (he) shall order the building to be repaired or removed to correct the unsafe building within a specified time period, and Whereas, Section C-44B of the Ithaca City Charter governs installment payment plans for delinquent taxes, which makes all property owners eligible to enter into the agreement regardless whether a property owner has failed to comply with an order of the Building Commissioner to remedy an unsafe building, and Whereas, it appears that the City is not prohibited from adding equitable criteria to determine eligible property owners to enter into a installment agreement provided such criteria is applied on a uniform basis, and Whereas, amending local law to prohibit property owners of condemned primary structures from eligibility to enter into installment payment plans to pay delinquent taxes will support efforts to correct unsafe buildings and remove blighting influences on neighboring uses, and Whereas, IURA staff has discussed this matter with representatives from the City Chamberlain's office, the Building Department and the City Attorney's office, who are in agreement that such a change to eligibility for entering into an installment agreement is consistent with the City public policy goals, and Whereas, the Governance Committee considered this issue at their July 20, 2012 and September 21, 2012 meetings and recommended the following; now, therefore, be it RESOLVED, that the IURA hereby recommends to the City of Ithaca Common Council that it implement changes to its policy governing installment payment plans for delinquent property taxes to make any parcel containing a primary structure cited by the Building Commissioner as unsafe for occupancy as ineligible for an installment payment plan for delinquent taxes on such parcel, and be it further RESOLVED, that the Director of Community Development is hereby directed to distribute this resolution to Common Council and City of Ithaca Department Heads. I, Nets Bohn, Director of Community Development of the Ithaca Urban Renewal Agency, do hereby certify that the foregoing resolution is a true and exact copy of a resolution duly adopted by the Ithaca Urban Renewal Agency at a meeting held on September 27, 2012,and that the same is a complete copy of the whole of such resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the Corporate Seal of the Ithaca Urban Renewal Agency, this 19th day of October 2012. Nets Bo n, Director of Community Development Ithaca Urban Renewal Agency j:\staff\nels\nelsl\miscellaneous\iura\resolutions\2012\reso iura elig for payment plan for delinquent taxes 9-27-12 adopted.doc City of Ithaca PC/Codebook for Windows § C-44. Proceedings to collect unpaid taxes. [Amended 4-17-1974 y L.L. No. 4-1974; 7-15-1981 by L.L. No. 2-1981; 10-4-1989 by L.L.No. 7-1989; 12-6-1989 by L.L. No. 8-1989; 6-1-1994 by L.L. No. 4-1994; 7-2-1997 by L.L.No. 8-1997EN(1)] A. Adoption of Article 11 of the Real Property Tax Law of the State of New York. (1) Effective January 1, 1998, the City of Ithaca shall follow the procedures to collect unpaid taxes as set forth in Article 11 of the Real Property Tax Law of the State of New York, as amended, and subject to the savings provisions set forth in this local law. The newly adopted procedures shall apply to tax liens created for real property taxes levied in 1998 and Ithaca City School District taxes levied in 1997. (2) The City of Ithaca shall assess a 15%penalty on unpaid taxes on October 1 in the year of the initial due date of the unpaid taxes. The City of Ithaca shall charge an additional 10%penalty on October 1 of each year following the assessment of such penalty. (3) The penalties set forth above together with the penalties charged pursuant to § C-43 of the Ithaca City Code shall constitute the penalties and interest charges referred to in Article 11 of the Real Property Tax Law of the State of New York. B. Installment payment plan for delinquent taxes. [Added 12-13-1997 by L.L. No. 6-1999EN(2)] (1) The City of Ithaca hereby authorizes the City Chamberlain to enter into installment agreements with property owners providing for the payment of eligible delinquent taxes in installments according to the provisions of Article 11 of the Real Property Tax Law of the State of New York, as amended. Within forty-five (45) days of the return of unpaid taxes, the City Chamberlain, by first-class mail, shall notify all owners of properties with delinquent taxes that they are eligible to pay their delinquent taxes in installments according to the provisions of Article 11 of the Real Property Tax Law of the State of New York, as amended. The City shall add one dollar($1.00) to the amount of the tax lien to pay for such postage. The owner of such parcel must accept the installment offer after thirty (30) days of the mailing of such notice by signing an installment payment agreement with the City Chamberlain. The City Chamberlain shall not include parcels accepting the offer and making timely payments pursuant to the installment plan on the filing of the list of properties for foreclosure proceedings with the court. (2) The term of the installment agreement shall be twenty-four(24) months, the payment schedule shall be monthly and the required initial down payment shall be 25% of the eligible delinquent taxes within the City of Ithaca. (3) Interest and penalties for delinquent taxes shall be assessed as specified in § C-44A of the Ithaca City Charter, up to and including the execution date of the installment payment agreement. From the execution date forward, interest shall accrue as provided in § 924-a of the Real Property Tax Law of the State of New York in accordance with 1 City of Ithaca PC/Codebook for Windows Article 11, provided that the taxpayer complies with the terms of the installment agreement. The current interest rate specified by § 924-a is one percent (1%)per month. All further penalty provisions specified in § C-44A of the Ithaca City Charter shall be suspended so long as the taxpayer is not in default of the installment payment agreement. A late charge of 5% shall be assessed on any installments not paid within fifteen(15) days of the due date. If an installment is not paid within thirty (30) days of the due date, the property owner shall be in default of the installment agreement, and further penalties shall accrue on the balance due as of the date of the last payment as specified in § C-44A of the Ithaca City Charter. (4) If a property owner is in default of installment agreement for delinquent taxes, the City Chamberlain shall have the right to require full payment of the remainder of the delinquent taxes, including all penalties and interest. If the property owner does not become current on the payments due on the installment agreement or pay the full amount of the delinquent taxes, including interest and penalties, the City Chamberlain shall have the right to file the property with the next list of properties for foreclosure proceedings. 2 City of Ithaca PC/Codebook for Windows Endnotes 1 (Popup) Editor's Note: "A. For purposes of the enforcement of taxes which shall have become liens prior to the effective date of this local law,with the exception of the 1997 Ithaca City School District taxes, and which are held by the City of Ithaca, the provisions of§ C-44 in effect on the last day preceding the effective date of this local law shall continue in effect for a period of four years from the effective date of this local law, as fully and to the same extent as if such laws had not been repealed or superseded by this local law. During such four-year period, if a parcel is subject both to a lien or liens arising prior to the effective date of this local law and to a lien or liens arising on or after such effective date, the procedures applicable to the enforcement of delinquent taxes shall depend upon the lien or liens upon which the enforcement proceeding is based, provided that if an installment agreement is executed pursuant to § 1184 of the Real Property Tax Law, the agreement shall apply to all outstanding liens held by the City of Ithaca, no matter when arising. "B. After four years from the effective date of this local law, if the enforcement of such prior lien or liens shall not have been concluded, as evidenced by the issuance of a tax deed, the amount due shall be relevied and enforced in accordance with the procedures of Article I I of the Real Property Tax Law, as amended." 2 (Popup) Editor's Note: This local law was approved by the Mayor 7-29-1999. 3 City of Ithaca PC/Codebook for Windows ARTICLE III, Unsafe Buildings § 146-8. Identification and notification. [Amended 6-13-2001 by Ord. No. 2001-51 A. The Building Commissioner may order any building which, in his/her opinion, is unsafe or is not provided with sufficient means of egress or exits in case of fire to be vacated forthwith. B. All buildings or structures which are structurally unsafe,unsanitary or which constitute a fire hazard or are otherwise dangerous to human life or which, in relation to existing uses, constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are severally, for the purpose of this article, unsafe buildings. All such unsafe buildings are hereby declared to be illegal and shall be abated by repair or demolition in accordance with the procedure of this article. C. Whenever the Building Commissioner shall find any building, structure or portion thereof to be unsafe, as defined in this article, the Building Commissioner shall cause service of notice upon the owner and all other persons having any interest in such property upon which the unsafe building is located, either personally or by registered mail, addressed to his/her last known address as shown by the records of the Assessor's office of the city and/or in the office of the County Clerk, containing a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and an order of the Building Commissioner requiring the same to be repaired or removed; and if such service is made by registered mail, the Building Commissioner shall cause the posting of a copy of such notice on the premises. (1) If the Building Commissioner finds that there is actual and immediate danger of failure or collapse so as to endanger life, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specific repairs and improvements are completed, inspected and approved by the Building Commissioner or his/her designee. (a) The Building Commissioner shall cause to be posted at each entrance to such building a notice: "THIS BUILDING IS UNSAFE AND ITS USE AND OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING COMMISSIONER OF THE CITY OF ITHACA, NEW YORK. IT SHALL BE UNLAWFUL FOR ANY PERSON TO REMOVE, DEFACE OR DESTROY THIS NOTICE WITHOUT PERMISSION FROM THE BUILDING COMMISSIONER". (b) Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or servants to remove such notice without written permission of the Building 1 City of Ithaca PC/Codebook for Windows Commissioner or for any person to enter the building except for the purpose of making the required repairs or of demolishing said building. The owner of the subject building or structure shall be responsible for obtaining the requisite permit pursuant to § 146-7 before commencing the repairs or demolition. (2) In cases of emergency which, in the opinion of the Building Commissioner, involve imminent danger to human life or health, he/she shall promptly cause such building, structure or portion thereof to be made safe or removed. For this purpose, the Building Commissioner or his/her designee may at once enter such structure or land on which it stands, or abutting land or structure, with such assistance and at such cost as may be necessary. The Building Commissioner may order that adjacent structures be vacated and may protect the public by appropriate barricades or such other means as may be necessary and for this purpose may close a public or private way. D. The notice shall contain the time within which the owner so served shall commence the repair or removal of such unsafe building. E. The notice may also be filed in the office of the County Clerk, which notice shall be filed by the Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this subsection. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a judge or justice of a court of record or upon the consent of the City Attorney. The County Clerk shall mark such notice and any record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order. F. The notice shall further contain a statement that a hearing can be requested in writing to the Building Commissioner within five days of receipt of the notice. G. If a hearing is requested, the same shall be held before the Building Code Board of Appeals not less than two weeks nor more than four weeks after the request for a hearing is received. The person requesting the hearing shall be notified in writing at least seven days prior to the hearing of the time and place of the hearing. H. In the event that a hearing is held or if the owner does not appear and it is determined by the Building Code Board of Appeals that there is an unsafe building located upon the premises and the owner fails to commence the repair or removal of the unsafe building within the time specified in the notice of determination, the Building Commissioner shall notify the Superintendent of Public Works that the owner has failed or refuses to repair or remove the unsafe building within the time provided. § 146-9. Removal or repair by city; costs. 2 City of Ithaca PC/Codebook for Windows Upon notification that the owner has failed or refuses to repair the unsafe building, the Superintendent of Public Works shall cause the repair or removal of the unsafe building. After the work has been completed, the Superintendent of Public Works shall file in the office of the City Chamberlain a verified statement of all the direct costs of the same, together with a charge of 50% in addition thereto as compensation to the city for administering, supervising and handling said work. § 146-10. Assessment and lien. [Amended 1-3-1990 by Ord. No. 90-11 Upon receipt of the verified statement, the City Chamberlain shall enter the same in his/her records as a lien against the premises and shall add the same to the next assessment roll of general city taxes and shall collect and enforce the assessment in the same manner by the same proceedings, at the same time and under the same penalties as the general city tax and as a part thereof, except that, in addition to the penalties heretofore stated, interest shall accrue from the date of filing to the date of actual payment at 12%per annum. § 146-11. Other remedies. Notwithstanding any provision herein to the contrary, the city may, at its election, institute suit against the owner of said premises for the direct costs, together with a charge of 50% in addition thereto as compensation to the city for administering, supervising and handling said work, and enter judgment thereon against the owner personally for the aforesaid amount. The imposition and collection of any fine or penalty hereinafter prescribed shall not bar the right of the city to collect the cost of the removal or repair of any unsafe building as herein prescribed. § 146-12. Completion of work within reasonable time. The failure of the owner to complete the repairs or to remove the unsafe building within a reasonable time after due notice shall subject the owner to the same procedure and penalties as herein set forth. § 146-13. Transfer of title. The transfer of title by the owner of premises upon which an unsafe building is located shall be no defense to any proceedings under this chapter. § 146-14. Building Code Board of Appeals. A. There shall be a Building Code Board of Appeals consisting of three members to be 3 City of Ithaca PC/Codebook for Windows appointed by the Mayor with the approval of the Common Council for terms of three years each. This Board shall be composed of one general contractor, one registered architect and one licensed professional engineer. No member of the Board of Appeals shall sit in any case in which he/she has a personal interest; and in any such case, the Mayor shall appoint a substitute for such interested member. B. Any person ordered to repair, remove or vacate a building and who is in disagreement with the judgment of the Building Commissioner may appeal to the Building Code Board of Appeals,provided that a written statement setting forth the reasons for such appeal is filed with the Secretary of the Board within 30 days of the service of the order upon such person. The Building Commissioner shall notify such person of this right to appeal and of this thirty-day time limitation. Upon receipt of such appeal,the Board shall hold a hearing within 30 days and, after review of all evidence, shall affirm, modify or annul the action of the Building Commissioner. [Amended 7-8-1987 by Ord.No. 87-18] 4 12. IURA .2 Housing Fund, Funding Round#6—Authorize Disbursement of$230,000 Pursuant to an Executed MOU WHEREAS, the Housing Fund Program Oversight Committee (POC)met on November 15, 2012, to review recommendations from the Application Review Committee of round#6 funding applications for new affordable housing projects; and WHEREAS, the City of Ithaca is represented on the POC by Alderperson J.R. Clairborne, Alderperson Chris Proulx, and Doug Dylla, past member of the Ithaca Urban Renewal Agency (IURA); and WHEREAS, the Housing Fund was established in 2009 by Memorandum of Agreement(MOU) as a six-year program between and among the City of Ithaca, Tompkins County and Cornell University to capitalize and award funds to increase the supply of permanently affordable housing in the County, and WHEREAS, the Common Council found that City contributions to the Housing Fund should be used to assist projects located within the City of Ithaca, and WHEREAS, City funds committed to the Housing Fund are derived from Gateway Loan proceeds that originated from sale of City-owned land for the Eddygate project, and are held by the IURA, and WHEREAS, a total of up to $880,000 is available to award in round#6 as follows: Funding Sources ($1,000s) Cornell Tompkins City of Funding Awards University County Ithaca Total Total 4-Year Funding Commitment 800 400 400 1,600 Round#1 (2009) 145 100 30 275 Round#2 (2010) 75 70 70 215 Round#3 (2011) 100 100 0 200 Round#4 (2011) 0 0 30 30 Round#5 (2012) 0 0 0 0 Totals Awards 320 270 130 720 Remaining Funds for Round#6 1 4801 1301 270 1 880 and, WHEREAS, the POC recommends round#6 funding of a total of$780,000 for six affordable housing projects, of which the City of Ithaca(City) is recommended to fund$230,000 as follows; now therefore,be it J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12 Round #6, Housing Fund - Recommended Funding Awards # Funding ($1,000s) Applicant Project Afford. Location Cornell 1 County I City Total Units INHS 10 Hawthorne 1 owner- City of 0 0 30 30 Circle occupied Ithaca INHS/ Stone Quarry 35 rental City of 100 0 100 200 Pathstone Apt. Ithaca Habitat Village 4 owner- (V)Groton 120 0 0 120 Builds occupied T-burg Lakeview Seneca/State City of 100 i 0 100 200 Mental Meadow St. 56 rental Ithaca Health Housing Lansing (T) 70 130 0 200 BHTC/NRP Senior 68 rental Lansing Cottages New Earth Aurora 1 owner- City of 30 0 0 30 Living Pocket occupied Ithaca Neighborhood Totals 165 420 130 230 780 RESOLVED, That the Common Council for the City of Ithaca hereby authorizes a total expenditure of up to $230,000,pursuant to the Housing Fund MOU, to assist the following projects as recommended by the Housing Fund's Program Oversight Committee: $100,000 Stone Quarry Apartments, INHS/Pathstone $100,000 Seneca/State/Meadow Street Housing, Lakeview Mental Health $30,000 10 Hawthorne Circle, INHS, and be it further, $230,000 RESOLVED, That such funds shall be derived from Gateway Loan Proceeds held by the Ithaca Urban Renewal Agency, and be it further, RESOLVED, That the Mayor is authorized, subject to advice of the City Attorney, to execute a fiscal agency agreement with Tompkins County to implement this resolution. J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12 12. IURA .3 Housing Fund, Funding Round#6, Authorize Disbursement of$230,000 Pursuant to an Executed MOU-Lead Agency WHEREAS, the City of Ithaca Common Council is considering approving funding assistance, pursuant to the Cornell/City/County Housing Fund MOU, to the following affordable housing projects as recommended by the Program Oversight Committee: $100,000 Stone Quarry Apartments, 35 new rental units, INHS/Pathstone $100,000 Seneca/State/Meadow Street Housing, 56 new rental units, Lakeview Mental Health Services $30,000 10 Hawthorne Circle, 1 rehabilitated owner-occupied unit, INHS $230,000 and, WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the construction of 15 or more dwelling units is a Type I action under the City Environmental Quality Review Ordinance (CEQRO), and WHEREAS, the proposed 35-unit Stone Quarry Apartments project has already completed environmental review through the City's site plan review process resulting in issuance of a negative declaration by the City of Ithaca Planning & Development Board (Planning Board) on October 23, 2012, and WHEREAS, the proposed 10 Hawthorne Circle project consists of rehabilitation of an existing, vacant, single-family home and qualifies as a Type II action listed at 176-5C(2)that requires no environmental review, and WHEREAS, the proposed 56-unit Seneca/State/Meadow Street Housing project will undergo a future environmental review by the Planning Board through the site plan review process prior to issuance of any building permit, and WHEREAS, the Stone Quarry and Seneca/State/Meadow Street projects seek low-income housing tax credit allocations through the New York State unified funding process that has revised its submission deadline to January 8, 2012, and WHEREAS, a written local funding commitment makes a project significantly more competitive for funding assistance through the New York State unified funding process, and WHEREAS, without receipt of funding assistance through the New York State unified funding process the Seneca/State/Meadow Street housing project will not proceed, and J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12 WHEREAS, the above circumstances warrant segmenting the environmental review of the proposed action to commit funding for the Seneca/State/Meadow Street housing project from the site plan review of the Seneca/State/Meadow Street housing project, which segmentation is no less protective of the environment; now,therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the segmented environmental review of the proposed action to approve funding assistance, pursuant to the Cornell/City/County Housing Fund MOU, to the following affordable housing projects as recommended by the Program Oversight Committee: $100,000 Stone Quarry Apartments, 35 new rental units, INHS/Pathstone $100,000 Seneca/State/Meadow Street Housing, 56 new rental units Lakeview Mental Health Services $30,000 10 Hawthorne Circle, 1 rehabilitated owner-occupied unit, INHS $230,000. J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12 12. IURA .4 Housing Fund, Funding Round#6,Authorize Disbursement of$230,000 Pursuant to an Executed MOU—Environmental Determination WHEREAS, the City of Ithaca Common Council is considering approving funding assistance, pursuant to the Cornell/City/County Housing Fund MOU, to the following affordable housing projects as recommended by the Program Oversight Committee: $100,000 Stone Quarry Apartments, 35 new rental units, INHS/Pathstone $100,000 Seneca/State/Meadow Street Housing, 56 new rental units, Lakeview Mental Health Services $30,000 10 Hawthorne Circle, 1 rehabilitated owner-occupied unit, INHS $230,000 and, WHEREAS, on December 5, 2012, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, the construction of 15 or more dwelling units is a Type I action under the City Environmental Quality Review Ordinance (CEQRO), and WHEREAS, the proposed 35-unit Stone Quarry Apartments project has already completed environmental review through the City's site plan review process resulting in issuance of a negative declaration by the City of Ithaca Planning &Development Board (Planning Board) on October 23, 2012, and WHEREAS, the proposed 10 Hawthorne Circle project consists of rehabilitation of an existing, vacant, single-family home and qualifies as a Type 11 action listed at 176-5C(2) that requires no environmental review, and WHEREAS, the proposed 56-unit Seneca/State/Meadow Street Housing project will undergo a future environmental review by the Planning Board through the site plan review process prior to issuance of any building permit for the project, and WHEREAS, the Seneca/State/Meadow Street Housing project seeks low-income housing tax credit allocations through the New York State unified funding process that has revised its submission deadline to January 8, 2012, and WHEREAS, a written local funding commitment makes a project significantly more competitive to receive funding assistance through the New York State unified funding process, and WHEREAS, without receipt of funding assistance through the New York State unified funding process the Seneca/State/Meadow Street housing project will not proceed, and WHEREAS, the above circumstances warrant segmenting the environmental review of the proposed action to commit funding for the Seneca/State/Meadow Street housing project from the site plan review of the Seneca/State/Meadow Street housing project, which segmentation is no less protective of the environment; now, therefore, be it J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12 WHEREAS, the Full Environmental Assessment Form("FEAF") and supporting information has been provided to the City of Ithaca Conservation Advisory Council for review of the proposed action and no comments have been received to date, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Full Environmental Assessment Form, Part 1 and Part 2; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby determines that approving funding assistance, pursuant to the Cornell/City/County Housing Fund MOU, to the following affordable housing projects as recommended by the Program Oversight Committee: $100,000 Stone Quarry Apartments, 35 new rental units, INHS/Pathstone $100,000 Seneca/State/Meadow Street Housing, 56 new rental units, Lakeview Mental Health Services $30,000 10 Hawthorne Circle, 1 rehabilitated owner-occupied unit, INHS $230,000 will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12 CITY OF ITHACA FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) Purpose: The Full Environmental Assessment Form(FEAF) is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently there are aspects of a proposed action that are subjective or immeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns affecting the question of significance. The FEAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature,yet flexible enough to allow introduction of information to fit a project or action. FEAF Components: Part 1: Provide objective data and information about a given action and its site. By identifying basic project data, it assists in a review of the analysis that takes place in Parts 2 and 3. Part 2: Focus on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA IS FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE—TYPE I AND UNLISTED ACTIONS Identify the Portions of FEAF completed for this action: FX Part 1 FX Part 2 ❑Part 3 Upon review of the information recorded on this FEAF(Parts,2,and 3,if appropriate),and any other supporting information,and considering both the magnitude and importance of each impact,it is reasonably determined by the Lead Agency that: XXA.The Proposed Action will not result in any large and important impact(s)and is one that will not have a significant impact on the environment;therefore,A NEGATIVE DECLARATION WILL BE PREPARED. FIB. Although the proposed action could have a significant impact on the environment,there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required;therefore,A CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. x [_1C. The proposed action may result in one or more large and important impacts that may have a significant impact on the environment;therefore,A POSITIVE DECLARATION WILL BE PREPARED. *A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action: Authorize disbursement of$230,000 for affordable housing projects recommended for funding assistance through funding round#6 of the Housing Fund. Name of Lead Agency: City of Ithaca Common Council Name and Title of Responsible Officer in Lead Agency: Mawr Svantv.Myrick Signature of Responsible Officer in Lead Agency: �04_ Signature of Preparer: NW's et, Date: November 28, 2012 FULL ENVIRONMENTAL ASSESSMENT FORM PART 1—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the Full Environmental Assessment Form (FEAF) will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action: Authorize disbursement of$230,000 for affordable housing projects recommended for funding assistance through funding round#6 of the Housing Fund Location of Action: (1) 400 W. Spencer Street (2) 607-611 W. Seneca Street, 602-604 W. MLK Jr./W. State Street& 106-116 N. Meadow Street (3) 10 Hawthorne Circle, City of Ithaca,NY Fame of Applicant/Sponsor: City of Ithaca [Address: 108 East Green Street City/Town/Village: Ithaca State: NY ZIP: 14850 Business Phone: (607) 274-6550 FEame of Owner(If Different): Address: City/Town/Village: State: ZIP: Business Phone: Page 2 Approve funding assistance,pursuant to the Cornell/City/County Housing Fund MOU,to the following affordable housing projects as recommended by the Program Oversight Committee: (1) $100,000 to INHS/Pathstone for the Stone Quarry Apartment project, (3 5-rentalhousing units) (2) $100,000 to Lakeview Mental Health Services, Inc. for the Seneca/State?Meadow rental housing project (56 rental housing units) (3) $30,000 to INHS for the 10 Hawthorne Circle project(1 rehabilitated owner-occupied housing unit) 4- 6; and 68.4-7; and portions of 63.-6-17; 64.40-13; 64.40-15; 67.-1-1; 68.4-3; and 68.4-10. Page 3 Please Complete Each Question--Indicate N/A if not applicable A. SITE DESCRIPTION (Physical setting of overall project, both developed and undeveloped areas.) 1. Present Land Use: El Urban ®Industrial X Commercial ❑ Public ❑ Forest ❑.Agricultural ® Other:_ 2. Total area of project area: 4 Acres square feet(Chosen units apply to following section also) Approximate Area (Units in question 2 apply to this section) presently After Completion 2a. Meadow or Brushland (non-agricultural) 0 0 2b. Forested 0 0 F2c7. A7gricultural �a 0 0 2d. Wetland [as per Articles 24 of Environmental Conservation Law(ECL)] 0 _ 0 2e. Water Surface Area 0�.. .. 0 2f. Public 0.�... 0 2g. Water Surface Area 0 0 ] 2h. Unvegetated (rock, earth or fill) 1 0 Roads,buildings and other paved surfaces (including yards) 3 4 2j. Other(indicate type) 0 _ 0.-...... _ __.. 3a. What is predominant soil type(s) on project site (e.g. HdB, silty loam, etc.): urban fill 3b. Soil Drainage: Well Drained % of Site Moderately Well Drained % of Site X Poorly Drained 100 % of Site 4a. Are there bedrock outcroppings on project site? Yes Lj]No L]N/A 4b. What is depth of bedrock? various (feet) 4c. What is depth to the water table? 3-6 (feet) 5. Approximate percentage of proposed project site X 0-10% 100 % ❑ 10-15% % with slopes: 15% or greater 6a. Is project substantially contiguous to, or does it contain a building, site or district, listed on or Yes X❑No []N/A eligible for the National or State Register of Historic Places? 6b. Or designated a local landmark or in a local [ Yes LXX JNo []N/A landmark district? 7. Do hunting or fishing opportunities presently yes �o L]N/A If yes, identify each species: exist in the project area? Page 4 SITE DESCRIPTION (Concluded) 8. Does project site contain any species of plant or yes LjJNo []N/A animal life that is identified as threatened or According to: endangered? Identify each Species: 9. Are there any unique or unusual landforms on the yes X]No N/A project site? (i.e., cliffs, other geological Describe: formations) 10. Is the project site presently used by the yes [X]No []N/A community or neighborhood as an open space or r If yes, explain: recreation area? 11. Does the present site offer or include scenic views yes LENo []N/A known to be important to the community? Describe: 12. Is project within or contiguous to a site yes LyNo FIN/A designated a Unique Natural Area(UNA) or Describe: critical environmental area by a local or state agency? 13. Streams within or contiguous to project area: a. Names of stream or name of river to which it is a tributary: NA 14. Lakes,ponds, wetland areas within or contiguous a. Name: NA to project area: 1b. Size (in acres): 15. Has the site been used for land disposal of solid yes XJNo [IN/A or hazardous wastes? Describe: 16. Is the site served by existing public utilities? X Yes ONo []N/A a. If Yes, does sufficient capacity exist to allow connection? LX]Yes QNo ON/A b. If Yes, will improvements be necessary to yes QNo LKN/A allow connection? Page 5 13. PROJECT DESCRIPTION 1. Physical dimensions and scale of project(fill in dimensions as appropriate) Fla. Total contiguous area owned by project sponsor in acres: N/A or square feet: lb. Project acreage developed: 4 Acres initially 4 Acres ultimately all developed; no change [1—c. Prcoject acreage to remain undeveloped: none Id. Length of project in miles: (if appropriate) N/A or feet: l e. If project is an expansion, indicate percent of change proposed: N/A lf. Number of off-street parking spaces existing: 80 parkin2 & storage proposed: 70 I g. Maximum vehicular trips generated(upon completion of project)per day: 200 and per hour: 50 Fh. Height of tallest proposed structure: 40 feet, 4 stories. lj. Linear feet of frontage along a public street or thoroughfare that the project will occupy? 200 ft 2. Specify what type of natural material (i.e. rock, earth, etc.) and how much will be removed from the site: None or added to the site: 3. Specify what type of vegetation(trees, shrubs, ground cover) and how much will be removed from the site: acres: None type of vegetation: 4. Will any mature trees or other locally important vegetation be removed by this project?No 5. Are there any plans for re-vegetation to replace that removed during construction? N/A 16. If single phase project, anticipated period of construction 15 months, (including demolition) multi-phased project, anticipated period of construction NA months, (including demolition) ffa—, Total number of phases anticipated: 1 7b. Anticipated date of commencement for first phase August month 2013 year, (including demolition) 7c. Approximate completion date of final phase December month 2014 year. 7d. Is phase one financially dependent on subsequent phases? [3Yes ONO[UN/A 8. Will blasting occur during construction? Yes X o ON/A; if yes, explain: 9. Number of jobs generated: during construction 24 after project is completed_2 10.Number of jobs eliminated by this project: 0 Explain: 11. Will project require relocation of any projects or facilities?❑X Yes 'allo M/A; if yes, explain: Stone Quarry Apartments will require demolition of existing commercial building Seneca/State/Meadow housing will require demolition of 3 residential structures and an accessory building 12a. Is surface or subsurface liquid waste disposal involved?®Yes ao ON/A; if yes, explain: 12b. If#12a is yes, indicate type of waste (sewage, industrial, etc): 12c. If surface disposal, where specifically will effluent be discharged? Page 6 13.Will surface area of existing lakes,ponds, streams, or other surface waterways be increased or decreased by proposal?❑Yes CUNo ON/A; if yes, explain: 14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100 year flood plain? ❑Yes NQNo ON/A PROJECT DESCRIPTION Concluded 14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, Silver Creek? (Circle all that apply) -None 14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as described in Article 24 Of the ECL?DYes CUNo ON/A; 14d. If#14a, b or c is yes, explain: 15a. Does project involve disposal or solid waste?®Yes NQNo ON/A; 15b. If#15a is yes, will an existing solid waste disposal facility be used? ❑Yes ONo [3N/A; 15c. If#15b�isye�s, giv�enamef disposal facility: and its location: 15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill? C]Yes [QNo M/A; if yes, explain: 15e. Will any solid waste be disposed of on site? ®Yes ao AMN/A; if yes, explain: 16. Will project use herbicides or pesticides?UYes X o M/A; if yes, specify: 17. Will project affect a building or site listed on or eligible for the National or State Register of Historic Places or a local landmark or in a landmark district? ®Yes ao M/A; if yes, explain: 11-8. Will project produce odors? ❑Yes CUNo ON/A; if yes, explain: 19. Will project product operating noise exceed the local ambient noise level during construction? ❑Yes X o ON/A; After construction?❑Yes NQNoMN/A 20. Will project result in an increase of energy use? Yes ❑No M/A; if yes, indicate type(s) 1. Total anticipated water usage per day: gals/day. 1,400 Source of water municipal Page 7 C. ZONING AND PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision? IuYes ❑No M/A; if yes, indicate the decision required: ®Zoning Amendment Zoning Variance Mew/revision of master plan ®Subdivision Site Plan ❑Special Use Permit Resource Management Plan ®Other: 2. What is the current zoning classification of site? (1) Stone Quarry Apts.: B-4, R-2a; (2) Seneca/State/Meadow housing: WEDZ-la(3) 10 Hawthorne Circle: R-lb. 3. If the site is developed as permitted by the present zoning, what is the maximum potential development? Approximately 300,000 square feet. [4. Is proposed use consistent with present zoning?NlYes allo ON/A 5. If#4 is no, indicate desired zoning: 6. If the site is developed by the proposed zoning, what is the maximum potential development of the site? NA 7. Is the proposed action consistent with the recommended uses in adopted local land-use plans? MYes ONo ON/A; If no, explain: 8. What is the dominant land use and zoning classification within a 1/4 mile radius of the project? (e.g. R-1 a or R-1 b) various 9. Is the proposed action compatible with adjacent land uses? X❑Yes DNo ON/A Explain: 10a. If the proposed action is the subdivision of land, how many lots are proposed? N/A 10b. What is the minimum lot size proposed? N/A 11. Will the proposed action create a demand for any community-provided services? (recreation, education, police, fire protection, etc.) ? Yes ❑No ON/A Explain: The proposed action could result in creation of 92 new housing units with approximately 190 residents which will create demand for municipal, transit, recreational and education services. Each project will generate tax revenues and service fees to fund the additional demand for community services. If yes, is existing capacity sufficient to handle projected demand? Yes ❑No ON/A Explain: 12. Will the proposed action result in the generation of traffic significantly above present levels? ®Yes X o M/A If yes, is the existing road network adequate to handle the additional traffic? [[—:]]Yes ❑ o M/A Explain: Page 8 APPROVALS 1. Approvals: A. Common Council Approval to disburse City contributions to the Housing Fund B. Planning & Development Board site plan approval for Stone Quarry Apartments & Seneca/State/Meadow housing projects C. Board of Zoning Appeals for Stone Quarry Apartments b. Does project involve State or Federal funding or financing? Yes Mo M/A; If Yes, Specify: Stone Quarry Apartments and Seneca/State/Meadow housing projects are seeking funding and an allocation of low-income housing tax credits through NYS Housing & Community Renewal's unified funding process. 2c. Local and Regional approvals: Type of Submittal Approval Agency Yes or No Approval Required Date Date Common Council Yes Approval Board of Zoning Appeals (BZA) Yes Variance Planning& Development Board Yes Site Plan Ithaca Landmarks Preservation No Commission (ILPC) Board of Public Works (BPW) No Fire Department No Police Department No Building Commissioner No Ithaca Urban Renewal Agency No (IURA) Page 9 E. INFORMATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. F. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name: City of Ithaca /1, Signature: 1 Title: Direc or of Ammunity Development, Ithaca Urban Renewal Agency xxxXXXXYXKY?CKYKX?�C END OF PART 1 xxxxxxxxxxxxxxxxx Page 10 City of Ithaca Full Environmental Assessment Form (FAF) Part 2— Project Impacts Project Name: Authorize disbursement of$230,000 for affordable housing projects recommended for funding assistance through funding round #6 of the Housing Fund Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON LAND 1. Will there be an effect as a result of a physical change to project site? ® Yes ❑No Any construction on slopes of 15% or greater(1 5-footrise per 100 feet of length) or where general slope in the project ❑ ❑ ❑ Yes ❑ No exceeds 10%. Construction on land where depth to the water table is less ❑ R Yes ❑ No than 3 feet. Construction of parking facility/area for 50 or more vehicles. Yes ❑ No Construction on land where bedrock is exposed or generally ❑ Yes ❑ No within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve ® Yes ❑ No more than one phase or stage. Evacuation for mining purposes that would remove more than Yes ❑ No 1,000 tons of natural material (i.e., rock or soil) per year. Construction of any new sanitary landfill. ❑ Yes ❑ No Construction in designated floodway. Yes ❑ No Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 2. Will there be an effect on any unique land forms found on the site (i.e., cliffs, gorges, geological formations, etc.)? ❑ Yes ® No Specific land forms (if any): ❑ ❑ ❑ Yes ❑ No 1 of 11 11/21/2012 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Authorize disbursement of$230,000 for affordable housing projects recommended for funding assistance through funding round #6 of the Housing Fund Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER 3. Will project affect any water body designated as protected (under article 15 or 24:of Environmental Conservation Law, E.C.L.)? ❑ Yes ® No Developable area of site contains protected water body. ❑ ❑ ❑ Yes ❑ No Dredging more than 100 cubic yards of material from channel ❑ ❑ ❑ Yes ❑ No of protected stream. Extension of utility distribution facilities through protected ❑ ❑ ❑ Yes ❑ No water body. Construction in designated freshwater wetland. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 4. Will project affect any non-protected existing or new body of water? ❑ Yes ❑ No A 10% increase or decrease in surface area of any body of ❑ ❑ ❑ Yes ❑ No water or more than 10,000 sq. ft. of surface area. Construction, alteration, or conversion of body of water that ❑ ❑ Yes ❑ No exceeds 10,000 sq. ft. of surface area. Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, ❑ ❑ ❑ Yes ❑ No Cayuga Lake, or Cayuga Inlet? Other impacts (if any): ❑ ❑ [—] Yes ❑ No 2of11 11/21/2012 City of Ithaca Full Environmental Assessment Form (FAF) Part 2— Project Impacts Project Name: Authorize disbursement of$230,000 for affordable housing projects recommended for funding assistance through funding round #6 of the Housing Fund Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER(cont 5. Will project affect surface or groundwater quality? ❑ Yes ® No Project will require discharge permit. ❑ ❑ ❑ Yes ❑ No Project requires use of source of water that does not have Yes ❑ No approval to serve proposed project. Construction or operation causing any contamination of a Yes ❑ No public water supply system. Project will adversely affect groundwater. ❑ ❑ ❑ Yes ❑ No Liquid effluent will be conveyed off the site to facilities which Yes ❑ No do not currently exist or that have inadequate capacity. Project requiring a facility that would use water in excess of Yes ❑ No 20,000 gallons per day or 500 gallons per minute. Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an ❑ Yes ❑ No obvious visual contrast to natural conditions. Proposed action will require storage of petroleum or chemical Yes ❑ No products greater than 1,100 gallons. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 3of11 11/21/2012 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Authorize disbursement of$230,000 for affordable housing projects recommended for funding assistance through funding round #6 of the Housing Fund Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER(cont.) 6. Will project alter drainage flow, drainage patterns, or surface water runoff? ❑Yes ® No Project would impede floodwater flows. ❑ ❑ ❑ Yes ❑ No Project is likely to cause substantial erosion. ❑ ❑ ❑ Yes ❑ No Project is incompatible with existing drainage patterns. ❑ ❑ Yes ❑ No Other impacts(if any): ❑ ❑ ❑Yes ❑ No IMPACT ON AIR 7. Will project affect air quality? ❑ Yes ® No Project will induce 500 or more vehicle trips in any 8-hour ❑ Yes ❑ No period per day. Project will result in the incineration of more than 2.5 tons of ❑ ❑ Yes ❑ No refuse per 24-hour day. Project emission rate of all contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million ❑ ❑ Yes ❑ No BTUs per hour. Other impacts (if any): Construction Impacts Only—See Part 3 ❑ ❑ [:]Yes ❑ No 4of11 11/21/2012 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Authorize disbursement of$230,000 for affordable housing projects recommended for funding assistance through funding round #6 of the Housing Fund Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACTS ON PLANTS AND ANIMALS 8. Will project affect any threatened or endangered species? ❑Yes ® No Reduction of any species, listed on New York or Federal list, ❑ Yes ❑ No using the site, found over, on, or near site. Removal of any portion of a critical or significant wildlife ❑ Yes ❑ No habitat. Application of pesticide or herbicide more than twice a year Yes ❑ No other than for agricultural purposes. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 9. Will proposed action substantially affect non-threatened or non-endangered species? ❑ Yes ® No Proposed action would substantially interfere with any ❑ Yes ❑ No resident or migratory fish, or wildlife species. Proposed action requires removal or more than '/2 acre of Yes ❑ No mature woods or other locally important vegetation. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 5of11 11/21/2012 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Authorize disbursement of$230,000 for affordable housing projects recommended for funding assistance through funding round #6 of the Housing Fund Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON AESTHETIC RESOURCES 10. Will proposed action affect views, vistas, or visual character of the neighborhood or community? ❑ Yes ® No Proposed land uses or proposed action components obviously different from, or in sharp contrast to, current ❑ ❑ ❑ Yes ❑ No surrounding land use patterns, whether man-made or natural. Proposed land uses or proposed action components visible to users of aesthetic resources which will eliminate or Yes ❑ No significantly reduce their enjoyment of aesthetic qualities of that resource. Proposed action will result in elimination or major screening Yes ❑ No of scenic views known to be important to the area. Other impacts (if any): ❑ ❑ Yes ❑ No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 11. Will proposed action impact any site or structure of historic, prehistoric, or paleontological importance? ❑ Yes ® No Proposed action occurring wholly or partially within, or contiguous to, any facility or site listed on or eligible for the ❑ ❑ Yes ❑ No National or State Register of Historic Places. Any impact to an archaeological site or fossil bed located ❑ Yes ❑ No within the project site. Proposed action occurring wholly or partially within, or contiguous to, any site designated as a local landmark or in a ❑ ❑ Yes ❑ No landmark district. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 6of11 11/21/2012 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Authorize disbursement of$230,000 for affordable housing projects recommended for funding assistance through funding round #6 of the Housing Fund Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON OPEN SPACE AND RECREATION 12. Will the proposed action affect the quantity or quality of existing or future open spaces, or recreational opportunities? ❑ Yes ® No The permanent foreclosure of a future recreational EJ Yes ❑ No opportunity. A major reduction of an open space important to the 0 ❑ Yes ❑ No community. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON UNIQUE NATURAL AREAS OR CRITICAL ENVIRONMENTAL AREAS 13. Will proposed action impact the exceptional or unique characteristics of a site designated as a unique natural area (UNA) or a critical environmental area (CEA) by a local or state agency? ❑ Yes ® No Proposed action to locate within a UNA or CEA? Yes ❑ No Proposed action will result in reduction in the quality of the Yes ❑ No resource. Proposed action will impact use, function, or enjoyment of the Yes ❑ No resource. Other impacts (if any): ❑Yes ❑ No 7of11 11/21/2012 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Authorize disbursement of$230,000 for affordable housing projects recommended for funding assistance through funding round #6 of the Housing Fund Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON TRANSPORTATION 1 . Will there be an effect to existing transportation systems? ® Yes ❑ No Alteration of present patterns of movement of people and/or ® ❑ ❑ Yes ❑ No goods. Proposed action will result in major traffic problems. ❑ ❑ ❑ Yes ❑ No Other impacts: ❑ ❑ ❑ Yes ❑ No IMPACT ON ENERGY 15. Will proposed action affect community's sources of fuel or energy supply? ❑ Yes ® No Proposed action causing greater than 5% increase in any ❑ ❑ ❑ Yes ❑ No form of energy used in municipality. Proposed action requiring creation or extension of an energy transmission or supply system to serve more than 50 single- ❑ ❑ ❑Yes ❑ No or two-family residences. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 8 of 11 11/21/2012 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Authorize disbursement of$230,000 for affordable housing projects recommended for funding assistance through funding round #6 of the Housing Fund Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON NOISE AND ODORS 16. Will there be objectionable odors, noise, glare, vibration, or electrical disturbance during construction of, or after completion of, this proposed action? ® Yes ❑ No Blasting within 1,500 feet of a hospital, school, or other Yes ❑ No sensitive facility? Odors will occur routinely(more than one hour per day). ❑ ❑ Yes ❑ No Proposed action will produce operating noise exceeding local Yes ❑ No ambient noise levels for noise outside of structure. Proposed action will remove natural barriers that would act as Yes ❑ No noise screen. Other impacts (if any) Construction Impacts Only ® ❑ ❑ Yes ❑ No IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? ❑ Yes ® No Proposed action will cause risk of explosion or release of hazardous substances (i.e., oil, pesticides, chemicals, Yes ❑ No radiation, etc.) in the event of accident or upset conditions, or there will be chronic low-level discharge or emission. Proposed action may result in burial of"hazardous wastes" in any form (i.e., toxic, poisonous, highly reactive, radioactive, ❑ Yes ❑ No irritating, infectious, etc.) Proposed action may result in excavation or other disturbance within 2,000 feet of a site used for the disposal of ❑ ❑ Yes ❑ No solid or hazardous wastes. Proposed action will result in handling or disposal or hazardous wastes (i.e., toxic, poisonous, highly reactive, Yes ❑ No radioactive, irritating, infectious, etc., including wastes that are solid, semi-solid, liquid, or contain gases). 9of11 11/21/2012 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2® Project Impacts Project Name: Authorize disbursement of$230,000 for affordable housing projects recommended for funding assistance through funding round #6 of the Housing Fund Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON PUBLIC HEATH (coot.) Storage facilities for 50,000 or more gallons of any liquid fuel. ❑ ❑ Yes ❑ No Use of any chemical for de-icing, soil stabilization, or control of vegetation, insects, or animal life on the premises of any Yes ❑ No residential, commercial, or industrial property in excess of 30,000 square feet. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 13. Will proposed action affect the character of the existing community? ❑ Yes ® No The population of the city in which the proposed action is located is likely to grow by more than 5% of resident human El ❑Yes ❑ No population. The municipal budgets for capital expenditures or operating services will increase by more than 5% per year as a result of ❑ ❑ Yes ❑ No this proposed action. Proposed action will conflict with officially adopted plans or ❑ Yes ❑ No goals. Proposed action will cause a change in the density of land ❑ Yes ❑ No use. Proposed action will replace or eliminate existing facilities, ❑Yes ❑ No structures, or areas of historic importance to the community. Development will create demand for additional community ® Q Yes ❑ No services (e.g., schools, police, and fire, etc.) Proposed action will set an important precedent for future Yes ❑ No actions. Proposed action will relocate 15 or more employees in one or ❑ Yes ❑ No more businesses. 10of11 11/21/2012 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2® Project Impacts Project Name: Authorize disbursement of$230,000 for affordable housing projects recommended for funding assistance through funding round #6 of the Housing Fund Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.) Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 19. Is there public controversy concerning the proposed action? ❑ Yes ❑ No ® Unknown —If any action in Part 2 is identified as a potential large impact, or if you cannot determine the magnitude of impact, proceed to Part 3— 11 of 11 11/21/2012 13. Attorney's Office .1 Authorization to Enter into a Lease Agreement with Tompkins County for use of City Land Located on Linn Street for a TCAT Bus Shelter WHEREAS, Tompkins Consolidated Area Transit, Inc. (TCAT), a not-for-profit corporation, has installed and maintained, at its cost, a bus shelter located approximately ten feet south of the Cascadilla Creek bridge,between the sidewalk and curb, on the east side of the 100 block of Linn Street, in the City of Ithaca, and WHEREAS, the site of the TCAT bus shelter is within the City's right of way for Linn Street, and WHEREAS, the installation and maintenance of the bus shelter provides a clear and desirable benefit to City residents, and WHEREAS, the TCAT bus shelter is currently in use and the City wishes to finalize such agreement with the County regarding the use of said City land for the shelter, and WHEREAS, Section 170-11 of the City of Ithaca Municipal Code, which is entitled"Form and Terms of Leases and Easements", states that leases of City land shall be subject to approval by Common Council, and WHEREAS, the City's streets and corresponding rights of way are within the Board of Public Works' scope and authority, and WHEREAS, the Superintendent of Public Works does not anticipate any conflicts in the near future with public works uses or needs, due to the existing use of City owned property at this location, and WHEREAS, the Board of Public Work has recommended Common Council's approval of such a lease agreement; and now, therefore,be it RESOLVED, That the Common Council hereby authorize and direct the Mayor,upon the advice and counsel of the City Attorney, to enter into a lease agreement with Tompkins County, without consideration, for the County's use of the aforementioned City land to accommodate said shelter,which lease shall include standard terms and provisions, as applicable, and which shall (1) indemnify and hold the City harmless with regard to use of the shelter, (2) allow the County to sublease the premises to TCAT or any comparable transit entity for the purpose of maintaining a bus shelter thereon, and (3) have an original term of ten years, with provision for automatic renewal upon the same terms for up to eight five-year periods thereafter, unless either party notifies the other, in advance, of its intention not to renew. J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12 �rIT CITY OF ITHACA 108 East Green Street Ithaca New York 14850-5690 e 8 OFFICE OF THE CITY ATTORNEY e Aaron O. Lavine, City Attorney Telephone: 607/274-6504 emee�o Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507 Patricia M. O'Rourke, Assistant City Attorney Krin Flaherty, Assistant City Attorney Jody Andrew, Executive Assistant MEMORANDUM To: City Administration Committee From: Krin Flaherty Date: October 31, 2012 Subject: TCAT Linn Street Bus Shelter Agreement The attached documents will enable the City to execute a formal lease agreement with TCAT for the Linn Street bus shelter, which is located within the City right of way. The terms of the agreement include: a ten year initial term, with seven five-year automatic renewals; the City waives rent in exchange for the County's maintenance of the bus shelter; the County indemnifies and holds the City harmless with regard to use of the shelter; and the City allows the County to sublease the premises to TCAT or any comparable transit entity for the purpose of maintaining a bus shelter. Please note that this is a lease agreement, which allows the City to enter into a longer term for the use of its land, and is not a license agreement. Licenses are renewable every year and approved by the Board of Public Works (BPW). In contrast, City Code Section 170-11 specifies that lease agreements are subject to approval by Common Council. On October 22, 2012, BPW recommended that Common Council approve the agreement by the attached resolution. Therefore, attached please find the following documents for Council's consideration: October 22, 2012 BPW resolution recommending approval of the lease agreement; a proposed resolution for Council to approve the lease agreement; and - a proposed lease agreement between the City and Tompkins County for the use of the City's right of way on Linn Street for a TCAT bus shelter. Please do not hesitate to contact me if you have questions or require additional information. "An Equal Opportunity Employer with a commitment to workforce diversification." LEASE AGREEMENT THIS LEASE, made this day of , 2012, by and between the City of Ithaca, a municipal corporation, duly organized and existing under and by virtue of the laws of the State of New York, with offices at 108 East Green Street, Ithaca, New York 14850, hereinafter referred to as "Lessor;" and the County of Tompkins, also a municipal corporation, duly organized and existing under and by virtue of the laws of the State of New York, with offices at 320 North Tioga Street, Ithaca, New York 14850, hereinafter referred to as "Lessee," WITNESSETH THAT: 1. PREMISES TO BE LEASED; INITIAL TERM Lessor hereby lets and leases unto Lessee, to have and to hold according to the terms of this Agreement, the premises more particularly described below, together with the rights, privileges, easements and appurtenances thereunto belonging or attaching, for the period commencing upon the date of execution of this Agreement by both parties and continuing until and through December 31, 2022, subject to the conditions set forth herein. The leased premises shall consist of all that land located about ten feet south of the Cascadilla Creek bridge, between the sidewalk and curb, on the east side of the 100 block of Linn Street, in the City of Ithaca, New York, which is occupied by a rectangular bus shelter (9 feet, 10 '/2 inches wide by 5 feet '/z inch deep, more or less). 2. RENEWALS Except as otherwise provided herein, the term of this Lease shall be automatically renewed, for an additional five-year period commencing on January 1, 2023, and thereafter for up to seven (7) additional five-year periods, extending through 2062, unless either party shall, by written notice provided to the other party at least 90 days prior to the expiration of the then- current term, indicate its intention not to renew this Lease, for any reason. I 3. RENT Lessor agrees to waive any rental payment by Lessee, for the duration of this Lease, including any renewal terms, in exchange for the provision of a bus shelter for said premises and continued maintenance and repair of said shelter for the duration of the lease term, all at no cost to Lessor. 4. ASSIGNMENT OR SUBLEASE Upon written notice to Lessor, Lessee may assign this Lease or sublet the demised premises, but only to an authority, corporation or other entity which operates bus/public transit services, in which case all terms and conditions of this Agreement shall remain effective, and shall apply to the Assignee, in the event of an assignment, or to Lessee and the Sublessee, in the event of a sublease. 5. INDEMNIFICATION OF LESSOR Lessee hereby indemnifies and holds Lessor harmless, at all times during the period covered by this Lease, with regard to any claim, action, costs,penalties, loss,judgment or decree, or damage or injury to person, life or property, arising out of the use by the public of the bus shelter maintained upon the demised premises, or from the failure or omission of Lessee or its agent, assignee or sublessee to comply with any of the provisions of this Agreement. Such indemnification shall extend to the reasonable costs and attorneys' fees incurred by Lessor in its defense against any such claim or action. Notwithstanding the foregoing, to the extent Lessor is negligent or undertakes intentional wrongful acts, Lessee's indemnification shall not extend to the proportion of the loss attributable to Lessor's negligence or intentional wrongful acts. 6. CONDITIONS The parties hereby agree as follows: 2 (a) Use of Premises. Lessor affirms the public benefit provided to residents of the City of Ithaca by the siting and maintenance of a public bus shelter upon the demised premises. Lessee covenants and agrees that it will, during the period of this lease, reasonably use the demised premises for the benefit of the public. Specifically, the demised premises shall be used exclusively for the siting and maintaining, in good repair, of a roofed shelter intended for patrons of a bus/public transit system (hereinafter "bus shelter"). The failure of Lessee to maintain such a bus shelter, for use of the general public, upon the demised premises, for a continuous period in excess of twelve (12) months (unless such failure is caused by the activities of Lessor or another agency of government), may, in the sole discretion of Lessor, render this Lease null and void. (b) Obligation to Maintain Shelter in Good Repair and in Compliance with All Applicable Laws, Rules and Regulations. Lessee, at no cost to Lessor, shall maintain the bus shelter at the demised premises in good repair, such that it is clean, safe for its intended use by the public and presents an attractive appearance, and in conformity with the requirements of all municipal, county, state and federal laws, rules and regulations. Upon written notice by Lessor of a reasonable need for repair or maintenance of said shelter or to bring it into compliance with such laws, rules or regulations, Lessee shall carry out such repair or maintenance or necessary modifications (or cause the same to be carried out) as soon as possible if such need is deemed by Lessor to be of an emergency nature, due to a hazardous or unlawful condition, and in non- emergency situations, within thirty (30) days of such notice or such longer period as may be necessitated by public procurement requirements or availability of supplies. (c) Improvements. Any substantial physical changes or additions to the bus shelter, following its initial installation or which depart from the design originally presented to Lessor, shall require the consent of Lessor, which consent shall not be unreasonably withheld. 3 (d) Insurance. Lessee, at its sole cost, shall maintain or cause to be maintained, for and upon the demised premises at all times during the term of this Lease, liability insurance coverage naming Lessor as an additional insured. For the initial term of this lease, the minimum amount of such coverage shall be $1,000,000.00. Lessor reserves the right to adjust said minimum coverage amount for any renewal term, by an amount reasonably calculated to provide the same degree of protection to Lessor, in light of adjustments in present value, cost of living, or other such factors. The amount of any required, additional coverage shall be communicated in writing to Lessee at least six (6)months prior to commencement of the renewal term in question. Lessee shall provide written proof of the required insurance coverage to Lessee, at least annually by the end of the calendar year. Lessee shall provide immediate, written notice to Lessor of any cancellation or suspension of Lessee's insurance coverage, or of any reduction in coverage below the level required by this Agreement. (e) Lessor's Reserved Rights. Lessor retains the right to suspend or interfere with use of the bus shelter or to require its temporary relocation, in order to maintain, repair, modify or replace the public sidewalk, streets or utility lines or service in the vicinity of said shelter. Lessor shall provide Lessee with as much advance notice as possible of the need to suspend the shelter's use or require its temporary relocation, and in the case of a non-emergency situation, Lessor further shall provide at least forty-five (45) days' advance notice. In the event that such work damages said shelter and/or necessitates costs associated with its relocation, Lessor shall be solely responsible for such costs or, at Lessor's option in the case of shelter damage, for restoration of said shelter to its condition prior to such damage. (f) Subject to Any Rights of State, Etc. The rights accorded Lessee by this Agreement are subject to any rights of the State of New York in or to or regarding the demised premises and to any utility easements of record. 4 7. NOTICES Any notice which may be required under the terms of this Agreement shall be given in writing, personally or by first class mail, postage prepaid, to the listed persons at the following addresses, or at such other addresses as each party may hereafter designate in writing to the other party: For LESSOR: Mayor 108 East Green Street Ithaca,New York 14850 and Attorney for the City 108 East Green Street Ithaca,New York 14850 For LESSEE: Attorney for the County 320 N. Tioga Street Ithaca,New York 14850 and General Manager Tompkins Consolidated Area Transit, Inc. 737 Willow Avenue Ithaca,New York 14850 8. WAIVERS OF LIEN Lessee further covenants and agrees that Lessee shall not make any contract or agreement, either verbal or written, for labor, services, materials or supplies, in connection with any improvements at any time situated upon the demised premises, without securing in such contract or agreement a waiver or waivers of lien against Lessor's interest in the demised premises; and it is expressly understood and agreed, and notice is hereby given, that no persons, firms, or corporations furnishing labor, materials or services for the construction, reconstruction, alteration or addition to any structure at any time during the term hereof situated upon the demised premises shall have any lien upon Lessor's interest in the demised premises and that any 5 and all liens upon Lessee's interest in the demised land and any structures or improvements situated thereon shall be subject to the prior rights of Lessor under the terms and provisions of this Agreement, and no authority is given by this Lease to Lessee, expressly or impliedly, to bind Lessor for the payment of any money in connection with the construction, repairing, alterations, additions or reconstruction work on the demised premises, nor is there any authority given Lessee by this Lease, directly or indirectly, to permit any mechanics', material-men's, or contractors' liens to arise against Lessor's interest in the demised land or the structures or improvements thereon, and Lessee expressly agrees that it will keep and save the demised premises and Lessor harmless from all costs and damages arising from any such liens or lien of any character created through any act of or anything done by Lessee or its agents, Assignee or Sublessee. 9. SURRENDER Upon the termination of this lease by forfeit or breach of any substantive term or condition herein by Lessee, or upon its expiration or earlier termination, Lessee covenants and agrees that Lessee shall at once remove said buildings and improvements and restore the premises to their original condition prior to the execution of this Agreement (i.e., a level, grassy lawn). 10. CONDEMNATION. If any person or corporation, municipal, public, private or otherwise, shall, at any time during the term of this lease, lawfully condemn and acquire title to the demised premises or any portion thereof or to any building or the appurtenances now or hereafter erected thereon, or to any easement therein, in or by condemnation proceedings pursuant to any law, general, special or otherwise, Lessor shall be entitled to and shall receive the entire award or payment therefor; and Lessee shall assign and does hereby assign and transfer to Lessor such award or payment as may 6 be made therefor. Lessor, in any event, shall be entitled to receive any and all awards or payments made for any buildings and the appurtenances which shall be so taken or for any damages thereto, free, clear and discharged of every claim of every kind whatsoever by or on the part of Lessee, except as hereinafter specifically provided, and such award or payment is hereby transferred and assigned to Lessor by Lessee. Notwithstanding anything hereinbefore contained to the contrary, if Lessee shall have commenced or completed the erection of a structure or structures or other improvements upon the demised premises, and such condemnation takes place after the commencement or completion of said new structure(s) or improvements, then Lessor agrees to pay Lessee out of the condemnation award or payment when paid, a sum equal to the amount awarded or paid in condemnation as the value of such structure(s) or improvements. If, in the condemnation proceeding, the value of the land and of the structure(s) and other improvements are not separately determined, then the value of any structure or other improvements shall be determined by mutual agreement of the parties or by arbitration. Lessor agrees to give Lessee notice of any condemnation proceedings immediately upon knowledge of such proceedings. 11. UTILITIES Lessee shall be responsible to construct and interconnect and maintain any necessary utility lines, connections and/or service for the bus shelter maintained upon the demised premises, at Lessee's sole cost. Lessor shall cooperate in the connection of any such utility lines that cross or affect Lessor's property. 12. NON-DISCRIMINATION It is mutually understood and agreed that Lessee or any Assignee or Sublessee of Lessee, in the employment of its agents, contractors and/or employees, shall not discriminate against any 7 person by reason of his or her race, color, creed, sex, age disability, marital status, affectional preference or national origin; and any construction contract entered into by Lessee or its Assignee or Sublessee shall contain such a non-discrimination clause. 13. TERMINATION. If Lessee determines that provision of the bus shelter at the demised premises no longer best serves the needs of the City residents and the operators of the bus/public transit system, then Lessee shall have the option to terminate this Lease upon ninety (90) days' advance notice to the Lessor. 14. SEVERABILITY. In the event that any term, condition, clause or provision of this agreement shall be deemed null and void, the remaining terms, conditions, clauses and provisions of this Lease Agreement shall remain in full force and effect, unless the rights of either party are materially affected by the deletion of such term, condition, clause or provision, in which case either party may elect within 90 days after the date of the notification to declare said lease null and void in its entirety. 8 This AGREEMENT shall be binding upon the parties and their successors in title. IN WITNESS WHEREOF, the parties hereto have placed their hands and seals on the dates so indicated. CITY OF ITHACA By: Svante L. Myrick, Mayor Date COUNTY OF TOMPKINS By: Date STATE OF NEW YORK ) )SS: COUNTY OF TOMPKINS ) On this day of , 2012, before me personally came SVANTE L. MYRICK, to me personally known, who being by me duly sworn, did depose and say that he resides in the City of Ithaca, New York, that he is the Mayor of the City of Ithaca, the municipal corporation first described in and which executed the above instrument; and that he signed his name thereto by direction of the members of the Common Council of the City of Ithaca. Notary Public STATE OF NEW YORK ) )SS: COUNTY OF TOMPKINS ) On this day of , 2012, before me personally came , to me personally known, who being by me duly sworn, did depose and say that he/she resides , New York, and that he/she is the of the County of Tompkins, the municipal corporation next described in and which executed the above instrument; and that he/she signed his/her name thereto by direction of the County Legislature of such corporation. Notary Public 9 14. Police Department .1 Request to Approve Contract with Ithaca City School District for School Resource Officer WEHREAS, the 2013 authorized Police Department budget included funding for a School Resource Officer for the Ithaca City School District, and WHEREAS, the School Resource Officer would start working at the school district in early 2013 and be funded approximately 75%by the Ithaca City School District and 25%by the City, and WHEREAS, the contract details between the Ithaca City School District and the City of Ithaca are currently being negotiated; now, therefore, be it RESOLVED, That the Mayor, with the advice of the City Attorney, is hereby authorized to negotiate and execute an agreement with the Ithaca City School District for provisions of a School Resource Officer with approximately 75% of said officer's expenses to be paid to the City by the School District. J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12 15. Department of Public Works .1 Septage Receiving Facility Project Funding WHEREAS, the Ithaca Area Wastewater Treatment Plant's Special Joint Committee at its November 14, 2012 regular meeting selected the three lowest qualified bids for General Construction, Electrical and Heating Ventilation and Air Conditioning, for the rebuilding of the Septage Receiving Facility, and WHEREAS, the lowest qualified bid for Contract#12-001 and its alternate 12-001A for General Construction submitted by McPherson Builders in the amount of$1,919,000 and$1,936,000 respectively, and WHEREAS, the lowest qualified bid for Contract#12-002 for Electrical Construction submitted by Nelcorp Electrical in the amount of$339,250, and WHEREAS, the lowest qualified bid for Contract#12-003 for Heating Ventilating and Air Conditioning Construction by JW Danforth Co. in the amount of$524,000, and WHEREAS, the cost for these contracts shall be borne by the Town of Dryden, Town of Ithaca and the City of Ithaca based on the percentage of ownership assigned to each municipality; now, therefore be it RESOLVED, That the partners hereby authorizes the Ithaca Area Wastewater Treatment Facility Septage Receiving Facility rebuild in the amount not to exceed$3,077,475, which includes the contract values plus a 10% contingency, and be it further RESOLVED, That the Ithaca Area Wastewater Treatment Facility is hereby authorized to negotiate a final contract based on this resolution, and be it further RESOLVED, That the City of Ithaca Mayor, the Town of Ithaca Supervisor and the Town of Dryden Supervisor be authorized to sign the contracts, and be it RESOLVED, That in accordance with the final contracts to be negotiated between the partners and the three qualified lowest bidders, funding for said project shall be acquired thru the issuance of Serial Bonds based on the following schedule which are to include interest rates as stipulated by the City of Ithaca Controller, and Municipality Percentage Proiect Cost City of Ithaca 57.14 $ 1,758,469.22 Town of Ithaca 40.88 $ 1,258,071.78 Town of Dryden 1.98 $ 60,934.00 $ 3,077,475.00 be it further J:ADRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12 RESOLVED, That Common Council hereby establishes Joint Activity Capital Project 418J Septage Receiving Facility in the amount not to exceed $3,077,475, and be it further RESOLVED, That funding for said project is contingent on the approval of the City of Ithaca, Town of Ithaca, and the Town of Dryden. J:ADRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12 i� CITY OF ITHACA ' eo evoe 8 WASTEWATER TREATMENT FACILITY e +fk a 6' ef Telephone: 607/273 - 8381 � Description of Septage Receiving Facility Renovation at the Ithaca Area WWTF Since its original construction and commissioning in 1987, the IAWWTF has been tasked with providing services for septage pumping companies to treat the waste they remove from the areas rural on-site waste treatment systems. The tipping fees for this waste generate nearly$300000 per year in revenue. The facility is in need of upgrading. The resolution being provided creates the funding for the project. The project will add a new underground storage tank, new food waste collection tanks and renovate existing tanks to include better screening systems and mixing systems to aid in the treatment of this waste. Besides the septage tank waste,we also receive grease trap waste and other high strength organic food wastes. These wastestreams are an integral part of our overall energy recovery system in that they go directly into our anaerobic digesters and generate biogas which is then utilized to produce heat and electricity to offset utility costs at the plant. This project has been in design and part of our long-term capital plan since 2009. The project has been delayed due to the need for a Record of Decision regarding the cleanup of Manufactured Gas Plant contamination within the plant grounds dating back to the early 1900s. The completion of this project will enhance our ability to receive more waste and thus enhance our ability to make more energy and therefore save the ratepayers utility expenses. "An Equal Opportunity Employer with a commitment to workforce diversification." 16. Human Resources .1 Amendment of Managerial Benefits for 2013 WHEREAS, Periodic updates are required to clarify existing practices or to indicate changes in benefits for managerial personnel not covered by a bargaining unit, and WHEREAS, The Human Resources Director has revised and updated the Fringe Benefits for Managerial Personnel accordingly; now therefore be it RESOLVED, That the current fringe benefits for managerial personnel not covered by a bargaining unit be amended as follows: CITY OF ITHACA FRINGE BENEFITS FOR MANAGERIAL PERSONNEL 1. Annual Leave: Managerial employees shall earn annual leave on a monthly basis in accordance with the following schedule: Length of Service 40 hours/week 35 hours/week less than 2 years 10 hrs/mo (3 wks)' 9 hrs/mo (3 wks) 2-4 years 14 hrs/mo (4 wks) 12 hrs/mo (4 wks) 5-9 years 17 hrs/mo (5 wks) 15 hrs/mo (5 wks) 10 or more years 20 hrs/mo (6 wks) 18 hrs/mo (6 wks) Annual leave shall be posted on the first day of each month, beginning with the first day of the month following the month of hire. Annual leave may be accumulated up to a maximum of forty (40) days; provided, however, that no more than thirty (30) days of accumulated annual leave shall be paid on separation from service. Unused annual leave in excess of this amount may be applied toward the purchase of health and dental insurance upon retirement. An employee may elect to cash in up to ten (10) days of unused annual leave in December of any calendar year. 2. Holidays: Holiday leave shall be as follows: January 1 st Columbus Day Martin Luther King Day Veteran's Day President's Day Thanksgiving Memorial Day Day After Thanksgiving Independence Day Christmas J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12 Labor Day One (1) annual leave day to be credited 2/1* Whenever any of these holidays falls on a Saturday, the preceding Friday shall be considered the holiday. If on Sunday, the following Monday shall be considered the holiday. * An annual leave day was added in lieu of Lincoln's Birthday, pursuant to a resolution adopted by Common Council on December 5, 2007. The annual leave day is accrued on February 1"of each year. Managerial employees who work shortened workweeks (i.e. fewer than five days per week) that do not coincide with the established managerial holiday benefit schedule shall receive annual leave accruals on the designated holidays rather than observing the designated holidays as days off. Annual leave accruals shall be prorated as appropriate, based on the employees standard workweek. (For example, a 20 hr/wk employee shall accrue four (4) hours of annual leave on each holiday; a 40 hr/wk employee shall accrue eight (8) hours of annual leave on each holiday.) Such annual leave accrual shall be a replacement for paid holidays off, not a supplement to them. 3. Sick Leave: Sick leave shall accumulate at the rate of one (1) day per month. Sick leave shall be posted on the first day of each month, beginning with the first day of the month following the month of hire. There shall be unlimited accumulation of sick leave. Any employee who is injured in the course of his/her employment and who is entitled to benefits under the provisions of Workers' Compensation Law may elect to use his/her accumulated sick leave benefits to cover the workers compensation absence. If an employee elects to do so, the amount of any award made to the employee by the Workers' Compensation Board for any period of time during which the employee used sick leave benefits shall be paid to the City of Ithaca, which in turn will reimburse the employee's sick leave account with the amount of sick leave equivalent to the financial value of the award. 4. Sick Leave Bank: in the event that a management level employee is absen4 f+em woFk due to prolonged illness whieh has exhausted that employee's leave efedits, fellow ma-nagemei4 emplayees may volttn4ar-ily donate eamed siek leave time to the affeeted employee up to a maxim-u of five (5) days per- donating empleyee pef year-. Donated siek lea�ve days shall Employees may voluntarily make or receive a donation of accumulated sick leave or annual (vacation) leave to or from any City of Ithaca employee. The employee receiving the donated time must have exhausted his/her leave time. The request to transfer leave time must be submitted in writing to the Human Resources Department. 5. Sick Leave Buyout Upon an employee's retirement, the employee shall be compensated for unusedsick leave as follows: a. The employee may elect to receive a cash settlement for unused sick leave not to exceed$11,000. J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12 The employee may elect to have the above cash settlement paid weekly as regular salary during his/her last six (6) months of employment; provided, however, that no such settlement shall be paid until after the employee has submitted a letter of commitment which specifies the date of retirement. If the employee elects to receive the above cash settlement and has accumulated sick leave credit in excess of the above amount, the remaining sick leave, computed at the employee's current rate of pay, may be applied toward the payment of extended health and/or dental insurance coverage until exhausted. b. The employee may elect to waive the cash settlement described in(a) above, and apply all of his/her accumulated sick leave toward extended health and/or dental coverage. If the cash settlement is waived, extended health and dental insurance coverage shall be provided at the rate of one (1) month of insurance for each twelve (12) hours of accumulated sick leave. In the event of an employee's death prior to his/her retirement, or if retired, prior to the exhaustion of remaining accumulated funds, such monies due the employee shall be applied toward the purchase of health insurance for his/her surviving dependents, if any. Upon the exhaustion of the above credits in (a) and (b) above, the City will no longer extend health insurance coverage to retirees and dependents except by direct full payment to the City by the retiree at the appropriate rate available as determined by the City. 6. Bereavement Leave: In the event of death in the immediate family of the employee or family of the employee's spouse or domestic partner, such employee shall be allowed a leave of absence with pay to a maximum of three (3) days. The Mayor may grant additional time as needed. The immediate family is defined as: the spouse or domestic partner, parent, grandparent, child, grandchild, brother or sister of the employee or the parent, grandparent, child, grandchild, brother or sister of the spouse or domestic partner. It shall apply also to any other relative living in the same household. In the event of death of a friend, family member not in the immediate family or associate of an employee, such employee may be allowed a leave of absence with pay of one (1) day. The Department Head or Mayor, if the department head makes the request, must approve this leave of absence. 7. Parenting Leave: Any employee taking a parenting leave shall be entitled to use up to eight (8) weeks of accumulated sick leave without providing a doctor's certificate. Parenting leaves shall be available to both male and female employees and shall be available only in the case of childbirth or adoption. J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12 Employees may use additional sick time at the end of the eight (8) week period for parenting leave upon presentation of a doctor's certificate attesting to the necessity of such continued leave from employment. 8. JJ Duty: An employee shall be granted a leave of absence, with pay, at no loss of accrued leave, to serve jury duty or to appear as a witness pursuant to subpoena, or other order of the court upon presentation to the City of proof thereof. Any compensation received from the court except expense reimbursement, shall be returned to the City. 9. Work Schedule: The City recognizes the need to provide a certain degree of flexibility in the work schedules of managerial employees to accommodate for work performed during non- traditional work hours. 10. Health & Dental Insurance: eontr-ibtttien of tip to 0 0 New employees hired on et: after- jafittar-y 1, 2005, shall eontr4btite Of th of the 0 of the full pfefflitttn equivalent ifl 2006 Please note that the pr-e ilent listed en the sliding seale for- 2006 may fie Deeember-of eaeh year-. > > filled faf up to a three tnenth supply. All employees shall contribute 20% of the health insurance premium equivalent for the type of health insurance (individual or family coverage) that the employee has elected. Effective January 1, 2013, the employee prescription drug co pay shall be $5 for generic drugs, $1 S for brand name drugs that do not have a generic equivalent, and $30 for brand drugs that have a generic equivalent. Each prescription may be filled for up to a three month supply at a time. The City will provide the Excellus Blue Cross/Blue Shield Schedule A Dental Plan as individual and/or family coverage, at no cost to the employee. Employees who elect to carry prime blue dental insurance instead of the Schedule A Dental Plan shall be responsible for payment of the difference between the two premiums. Employees who elect to carry Focus Vision Insurance shall be responsible for payment of the full premium. J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12 11. Retirement: The City shall provide membership in the New York State Employees' Retirement System with benefits as described in the "Improved Non-Contributory Plan" (Section 75- i). In addition, the City shall provide Section 384d benefits for members of the uniformed services, including Section 302(9)(D) for Tier 1 members. 12. vDay Care: The City shall continue to provide the established Day Care Assistance Program (Cash Subsidy Program, Flexible Spending Account and Flexible Work Schedule) according to the program and procedures adopted by the Ithaca Common Council. 13. Educational Assistance: The City of Ithaca agrees to pay the tuition for education courses, including technical and trade schools, to assist employees in furthering their education and enhancing their ability and effectiveness on the job. Such assistance shall be limited to courses which are related to an employee's position and which will further development in the performance of the employee's duties. Additionally, the employee must receive a passing grade in the course before reimbursement will be issued. Educational assistance shall be limited to two (2) courses per calendar year for permanent or provisional employees. No employee shall receive assistance for more than a career limit of twenty (20) courses. The City shall pay the actual per hour tuition cost of any approved courses, provided that any employee who receives educational assistance shall reimburse the City for the cost of any course if the employee chooses to leave City employment within six (6) months of the conclusion of that course. 14. Mileage Reimbursement: Employees who are required to use their personal automotive vehicle in the conduct of official business shall be reimbursed at the prevailing IRS rate. Revised: J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12 City of Ithaca Bond Resolution Information CA Meeting 11/28/12 Bond Resolution The City normally borrows funds twice a year, January and then again in August. To borrow funds Council must first authorize the issuance of the bonds. This request is to approve the authorization of Capital Projects approved by Council since our last authorization in July 2012. The projects needed for authorization include projects approved as part of the 2013 Budget and any Council authorized projects from August. All projects are issued on a cash flow need basis, meaning that enough funds will be issued to cover costs over the next six months as cash is needed. Attached you will find the projects needed for authorization in the amount of$15,979,453. My concerns for a HEAVY City debt load continue and we need to find ways to reduce the high amount of debt we have. Going forward the high annual debt costs will restrict use of city funds for other uses. We are required to pay our debt first. Our current debt outstanding including this issue is$97,109,565. While, 32,552,820 of our outstanding debt is related to water, sewer, installment debt, IURA or wastewater and is exempt from the debt limit, we still have a significant amount of outstanding debt, $64,556,745. In addition, some or our debt will be reimbursed from Federal and State aid. We have not received the resolutions from the bonding atttorney, but we will send them out as soon as they are received. A two-thirds vote of the entire voting strength of CC is needed for approval in December. In some cases, we will borrow an amount greater than what is needed due to the fact we have to upfront the costs. Several of the projects will have future reimbursements from State, Federal or other funding sources that will be used to pay down on the issuance of BANS needed upfront. The largest project in this authorization is for the Commons Improvements at$10,433,000. We will receive at least$5,500,000 from the State and Federal Government and other outside sources to offset the$10,433,000. The total issuance for January 2013 will be$13,972,475 plus renewal of the BANS coming due. Of the new money, $6,028,000 is General Fund bonds. The other$7,944,475 is for water, sewer and joint activity bonds. The largest amount relates to the IAWWTF projects for$4,633,475. One of these projects is the last phase of the energy performance project in the amount of$1,556,000. The other project is a new project to improve the septage receiving building for$3,077,475. The City's cost share of these two issues will be$2,647,568. The other two owners, Town of Ithaca and the Town of Dryden will pick up the remainder of the cost. The bonding amounts for Wasterwater will not count toward our overall debt limit. Interest rates have remained about the same since our last issue in August. Our rate in August was .30%. The market is currently in a less volatile condition, but the economy remains very uncertain at this time. We expect to borrow these funds through Bond Anticipation Notes at interest rates between .25%and 1.00%. The investment rate is lower and is currently around .19%. Rates are changing daily. We will look at the possibility of going long-term with some of our debt as long-term rates are very favorable at this time, around the 2.40% mark. Issuing funds now will allow us to take advantage of the historically low interest rates. Because of the large amount of this issuance we need to be even more stringent on the future funding of projects. City of Ithaca Summary of Bond Authorizations 2012 for 2013 issue 11/21/2012 New Issues: 2013 Council Authorization Project Date #Description Bond Resolution Amount Status Amount to issue 11/7/2012 Capital Projects Authorized with 2013 Budget General Fund 780 Streets and Facilities Radio Banding Conversion $ 65,000 issue $ 65,000 To fund acquisition of DPW radio units to convert from wide band 2-way radio frequencies to narrow band frequencies per FCC mandate requirments for 2013. New Money and project. 11/7/2012 781 Cass Park Rink Ice Resurfacer Acquisition $ 100,000 issue $ 100,000 To fund the acquisition of a Ice Resurfacer(Zamboni)at Cass Park Ice Rink. New money and project. this would replace our 1990 Zamboni machine. Our current 1972 reserve machine would be sold and the 1990 machine would become the backup. 11/7/2012 754 Hangar Theatre Building Site Improvements $ partial issue $ 50,000 To fund phase 4 of 6 construction site costs to city owned building. Costs to include site demolition, parking lot improvements and storm drainage improvements. Amended project. Previously funded$50,000 on 2/15/12. Orrick file 43119-2-10. Total authorization is$300,000. 11/7/2012 753 Transit Improvements $ 100,978 partial issue $ 80,000 To fund various transit capital improvements related to TCAT. Includes Bus acquisition. Additional money. New Equipment. Amended Project. 11/7/2012 372 Seneca Street Parkina Garage Im rovements $ 500,000 issue $ 500,000 To fund repairs to the Seneca Street parking garage such as;slab;beams;tendons;columns;curbs; deck coating;plumbing and electrical repairs to extend the life of the garage for another 20 years. This would be phase 2 of a 3 phase project for the next 2 years. New additional money. Amend project. Issued funds of$1,000,000 on 2/15/12. Orrick file 43-119-2-26d. 11/7/2012 783 Acquisition of Email System $ 83,000 issue $ 83,000 To fund the replacement of our outdated computer email system for the City. Includes hardware,software and installation. City IT Department to do installation. New money and project. 11/7/2012 784 Old Elmira Road Reconstruction $ 1,042,000 partial issue $ 950,000 To fund the reconstruction of Old Elmira Road from the roundabout to Route 13. The reconstruction will include;street base repairs,repavement,sidewalks,bike lanes,enhanced bus stops,landscaping,curbing and landscaping. The total project cost is$1,365,000 with costs shared DPW operating$323,000,curb assessments$80,000,sidewalk assessments$112,000,$175,000 borrowed funds and$675,000 NYSDOT multimodal funding. New money and project. Funds from assessments and State will be used to later pay down on the outstanding borrowing,leaving a total city borrowed amount of$175,000. 11/7/2012 724 Ithaca Commons Reconstruction $ 9,000,000 partial issue $ 4,000,000 To fund the reconstruction of The Commons Pedestrian Mall including;utility replacement,electrical upgrades, surface treatment and new site amenities. Previously authorized and issued$1,050,000 for design. Last issued 2/15/11. Orrick file 43119-2-2. Amended project and additional money. Funds will be upfront city cost with later repayment from federal/state and assessments. Final G/F city cost is$3,500,000 plus design. Federal aid$4,500,000,State aid$500,000 plus additional amount possible,assessment/DIA funding of$500,000. Total project costs including water and sewer work is$10,433,000. 11/7/2012 777 Parking Pay Station Acquisitions $ 200,000 issue $ 200,000 To acquire additional pay stations and/or electronic meter heads to replace or supplement city parking meters. Revenue increase will produce a short payback of the cost. New money and amended project. Issued$50,000 on 2/15/12. Orrick file 43119-2-26i. 1/5/2000 510 Water Treatment Plant Improvements/Replacement $ partial issue $ 1,500,000 Project was established to improve or replace the current City Water Treatment Plant. This project was only a portion of the costs of full construction of new plant or hooking up to the existing Town of Ithaca Water Treatment Plant. $3,800,000 has been issued to date. Orrick file 43119-2-2 n)(2-13). This project was authorized at$6,000,000. Costs will include Studies,planning,design and construction. The decision for the City water source has now been made to rebuild our own Water Treatment Plant. Last issue was 8/3/12. City of Ithaca Page 2 City of Ithaca Summary of Bond Authorizations 2012 for 2013 issue 11/21/2012 New Issues: 2013 Council Authorization Project Date #Description Bond Resolution Amount Status Amount to issue 11/7/2012 623 James L.Gibbs Sanitary Sewer Main Replacement $ 128,000 issue $ 128,000 To fund replacement of sanitary sewer on James L.Gibbs Drive. Life cycle replacement and capacity upgrade. New money and project. 11/7/2012 523 Esty Street 10 block Water/Sewer Main Replacement $ 190,000 issue $ 190,000 To fund replacement of the 100 block of Esty Street water and sewer main in the city. Life cycle replacement. New money and project. 11/7/2012 624 Wood Street Sanitary Sewer Pump Rebuild $ 60,000 issue $ 60,000 To fund replacement of sanitary sewer pump at Wood Street. Life cycle replacement and capacity upgrade. New money and project. 11/7/2012 524 Ithaca Commons Reconstruction-Water Main Rehabilitation&Replacement $ 573,000 issue $ 573,000 To fund the rehab and/or replacement of watermain located underneath The Commons Pedestrian Mall. Life cycle replacement. New money and project. 11/7/2012 625 Ithaca Commons Reconstruction-Sewer Main Rehabilitation&Replacement $ 860,000 issue $ 860,000 To fund the rehab and/or replacement of sewermain located underneath The Commons Pedestrian Mall. Life cycle replacement. New money and project. 12/1/2011 417J IAWWTF Energy Performance Upgrades $ partial issue $ 1,556,000 To fund various energy improvements to the IAWWTF. The improvements will consist of the following;Cogeneration System replacement and upgrade;replacement of blowers and dissolved Oxygen Controls;digester replacement;secondary digester cover and offline gas storage;lighting upgrades;building envelope improvements;facility managements stem;heat recovery and ventilation system improvements;solar power generating system installation and boiler#2 system replacement. New Money. Overall estimated cost of project is$8,026,398 with a NYSERDA grant of$370,679 and other possible grants. Funding will be allocated between the three owners as follows:City of Ithaca $4,374,478;Town of Ithaca$3,129,658 and Town of Dryden$151,583. IAWWTF(Ithaca Area Waste Water Treatment Facility). Orrick file 43119-2-2-24a. First issue of$3,100,000 was on 8/5/11. The second issue was$3,000,000 on 2/15/12. The total issued to date is$6,100,000. 12/5/2012 418J IAWWTF Se to a Receiving Facility Improvements $ 3,077,475 issue $ 3,077,475 To fund the upgrade of the Ithaca Area Wastewater Treatment Facility septage receiving facility. The project will add a new underground storage tank,new food waste collection tanks and renovate existing tanks to provide better screening systems and mixing systems to aid in the treatment of septage. The septage system generates nearly$300,000 annually and produces significant annual utility savings. The three owners,City of Ithaca,Town of Ithaca and Town of Dryden share in the overall cost of this project. The city's share of the cost is 57.149/6 or $1,758,469. This is new money and a new project. Totals $ 15,979,453 $ 13,972,475 General Fund $ 11,090,978 $ 6,028,000 Solid Waste $ $ Water $ 763,000 $ 2,263,000 Waste Water plant $ 3,077,475 $ 4,633,475 Sewer $ 1,048,000 $ 1,048,000 $ 15,979,453 $ 13,972,475 City of Ithaca Page 3