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HomeMy WebLinkAbout08-19-15 City Administration Committee Meeting Agenda xT1'qc CA MeetingDATE:August 19,2015 TIME:6:00 pm 5 i a . LOCATION: P Floor, 11110AAW"411 City Administration Committee City Hall,Council Chambers AGENDA ITEMS Item Voting Presenter(s) Time Item? Allotted Chair, Deb Mohlenhoff 1. Call To Order *Note: We will review the number of 15 Min* 1.1 Agenda Review No cards received at the beginning of each 1.2 Review and Approval of Minutes Yes meeting and adjust time if needed. Approval of July 2015 Minutes 1.3 Statements from the Public No 1.4 Statements from Employees No 1.5 Council Response No 2. City Administration,Human Resources, and Policy 2.1 Amendment to PB&ED Roster Yes JoAnn Cornish,Director of PB&ED 10 Min 2.2 HR—Reassignment of Bargaining Unit Yes Valerie Saul,HR Deputy Director 10 Min 2.3 IURA-Authorization to Enter Into Agreement Yes Nels Bohn,Director of IURA 15 min With Tompkins County and Cornell University to Continue the Housing Fund Program for an Additional Six Years—Dec. of Lead Agency 2.4 Agreement with TC and CU—Enviro. Review Yes Nels Bohn,Director of IURA 15 Min 2.5 Agreement with TC and CU—Action Yes Nels Bohn,Director of IURA 15 Min 2.6 Attorney—Temporary Suspension of Rights Yes Ari Lavine, City Attorney 15 Min 2.7 Approval of New Bus Service in the City Yes Kevin Sutherland, Chief of Staff 15 Min 3. Finance,Budget, and Appropriations 3.1 Confirmation of SID Budget and Schedule Yes Eric Hathaway, Sidewalk Prog. Manager 20 Min of Work for 2016 3.2 PB&ED—Request to Amend Budget Yes Megan Wilson, Senior Planner 10 Min 4. Performance Measures No Kevin Sutherland, Chief of Staff Nothing Submitted 5. Common Council 6. Budget Update 7. Meeting Wrap-up All 5 Min 7.1 Announcements No 7.2 Next Meeting Date: September 16`h 7.3 Review Agenda Items for Next Meeting No 7.4 Adjourn Yes (8:25 p.m.) Committee Charge: The CA committee will:Review financial and administrative issues pertaining to the City,along with items relating to the City of Ithaca workforce environment,intergovernmental relations and human resources. 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. 2. City Administration, Human Resources, and Policy 2.1 Amendment to Planning,Building and Economic Development Roster WHEREAS, on December 31, 2014, the Office Assistant position in the Building Division became vacant due to a retirement, and WHEREAS, support staff in the Planning Division, along with the Building Division Receptionist, have been managing the work in absence of the Office Assistant, and WHEREAS, the current Receptionist, has been performing work that is qualified under the Civil Service Job Description, as an upgrade to Permit Clerk; now, therefore be it RESOLVED, That the Personnel Roster of the Department of Planning, Building, Zoning, and Economic Development is amended as follows: Add: One (1) Permit Clerk(40 hours)—Grade 6 Delete: One (1) Receptionist (40 hours)—Grade 2 and be it further RESOLVED, That funding for this roster change shall be derived from within the Department of Planning, Building and Development's existing budget. J:\DRedsicker\AGENDAS\City Admin Comm\2015\8-19-Agenda.docx 8/19/15 2. City Administration, Human Resources, and Policy 2.2 HR-Reassignment of Bargaining Unit—Recreation Maintenance Supervisor WHEREAS, the position of Recreation Maintenance Supervisor no longer meets the overtime exemption criteria of the federal Fair Labor Standards Act, and WHEREAS, the Recreation Maintenance Supervisor position is currently assigned to the overtime-exempt Executive Association, but has a greater community of interest with the overtime-eligible CSEA DPW Unit; now, therefore be it RESOLVED, That the position of Recreation Maintenance Supervisor be and hereby is removed from the Executive Association, and be it further RESOLVED, That the position of Recreation Maintenance Supervisor be and hereby is assigned to the CSEA DPW Unit at salary grade 9, and be it further RESOLVED, That the increased costs associated with this reassignment shall be absorbed within the existing Youth Bureau budget. J:\DRedsicker\AGENDAS\City Admin Comm\2015\8-19-Agenda.docx 8/19/15 I " CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 OFFICE OF HUMAN RESOURCES/CIVIL SERVICE ' Telephone: 6071274-6539 Fax: 607/274-6574 MEMORANDUM To: City Administration Committee From: Valerie Saul, Deputy Human Resources Director � Date: August 6, 2015 RE: Reassignment of Bargaining Unit The federal Fair Labor Standards Act provisions regarding exemptions from overtime compensation periodically change, and are currently changing. As a result, we are reviewing our overtime-exempt positions to ensure that they continue to meet the new exemption criteria. The position of Recreation Maintenance Supervisor, which is currently assigned to the overtime-exempt Executive Association, no longer meets the overtime exemption criteria. In the past, when an Executive Association position has lost its overtime exemption, we have reassigned the position to the appropriate CSEA bargaining unit of overtime-eligible positions. We would like to act consistently with the Recreation Maintenance Supervisor position and reassign it to the CSEA DPW Unit. The Executive Association has no objections to this proposed action. A resolution reassigning the Recreation Maintenance Supervisor position is attached. 2. City Administration, Human Resources, and Policy 2.3 Authorization to Enter Into Agreement with Tompkins County and Cornell University to Continue the Housing Fund Program for an Additional Six Years— Declaration of Lead Agency WHEREAS, the State Environmental Quality Review Act ("SEQRA") and Chapter 176 of the City Code, the City Environmental Quality Review Ordinance ("CEQRO"), require that a lead agency be established for conducting environmental review of any action subject to such review, in accordance with state and local environmental law, and WHEREAS, SEQRA specifies that the lead agency shall be that agency which has primary responsibility for approving, funding or carrying out the proposed action, and WHEREAS, the proposed action is execution of a Memorandum of Understanding("MOU") among and between Tompkins County, the City of Ithaca and Cornell University to continue the Housing Fund program to increase the supply of affordable housing, and the commitment of funding under the MOU, which is an"Unlisted"Action pursuant to CEQRO, thereby requiring environmental review; and WHEREAS, Tompkins County has conducted a separate environmental review on their authorization to execute the proposed MOU, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the action; now, therefore,be it RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself as lead agency for the environmental review of this proposed action. J:\DRedsicker\AGENDAS\City Admin Comm\2015\8-19-Agenda.docx 8/19/15 2. City Administration, Human Resources, and Policy 2.4 Authorization to Enter Into Agreement with Tompkins County and Cornell University to Continue the Housing Fund Program for an Additional Six Years—Environmental Review WHEREAS, the Common Council is considering execution of a Memorandum of Understanding ("MOU") among and between Tompkins County, the City of Ithaca and Cornell University to continue the Housing Fund program to increase the supply of affordable housing, and the commitment of funding under the MOU, and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, the proposed action is categorized as an"Unlisted" action under the City Environmental Quality Review Ordinance (CEQRO), and WHEREAS, each housing project assisted through the Housing Fund program will undergo a separate environmental review as a condition of receipt of financial assistance, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Short Environmental Assessment Form, prepared by Ithaca Urban Renewal Agency staff, now, therefore, be it RESOLVED,that the City of Ithaca Common Council hereby determines that the proposed action 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\2015\8-19-Agenda.docx 8/19/15 2. City Administration, Human Resources, and Policy 2.5 Authorization to Enter Into Agreement with Tompkins County and Cornell University to Continue the Housing Fund Program for an Additional Six Years -Action WHEREAS, on April 1, 2009, the Common Council authorized the Mayor to execute a Memorandum of Understanding (MOU) among and between the City of Ithaca, Tompkins County and Cornell University to establish the Housing Fund to provide financial assistance for the creation of affordable housing units as recommended in the Common Council-endorsed 2007 Housing Strategy for Tompkins County(Housing Strategy), and WHEREAS, the Housing Strategy recommended implementation of the following initiatives to produce new housing for lower and middle income households in close proximity to services, jobs and transit: 1. Inclusionary and incentive zoning 2. Community housing trust fund 3. Employer assistance 4. Housing affordability fund, and WHEREAS,per the 2009 MOU, the parties agreed to the following minimum funding contributions over six years: $1,200,000 Cornell University $600,000 Tompkins County $600,000 City of Ithaca $2,400,000 Total, and WHEREAS, over the first six years of the program, 124 affordable housing units have been constructed and an additional 80 housing units have been awarded competitive funding and are expected to be constructed, and WHEREAS, Ithaca continues to experience a severe housing affordability problem where 56% of all renter households, and 2 1% of homeowner households, are financially stressed by paying more than 30% of income for housing, and WHEREAS, the 2009 MOU expires in 2015 and the program will terminate without renewed funding commitments, and WHEREAS, the Housing Fund is managed by the Program Oversight Committee made up of three representatives from each signatory, and WHEREAS, the Program Oversight Committee recommends continuation of the program, and Whereas, Tompkins County and Cornell University have indicated they are committed to continue to fund and participate in the program for an additional six-year terms, contingent upon City of Ithaca participation, and J:\DRedsicker\AGENDAS\City Admin Comm\2015\8-19-Agenda.docx 8/19/15 WHEREAS, a new 2015 MOU has been developed whereby Tompkins County, the City of Ithaca and Cornell University would fund the program an additional six years at the original minimum funding levels contained in the 2009 MOU, and WHEREAS, the 2015 MOU changes the program's name to the "Community Housing Development Fund" from the"Housing Fund"to clarify its purpose, and WHEREAS, the City's 2015 contribution of$100,000 to the Community Housing Development Funds was authorized as a capital project in the FY2015 City of Ithaca budget, and WHEREAS, environmental review of this matter has been has been completed, and WHEREAS, the City Administration Committee reviewed this matter at their August 19, 2015 meeting and recommend the following; now, therefore, be it RESOLVED, The Mayor is hereby authorized, subject to review by the City Attorney, to execute the 2015 Memorandum of Understanding with regard to the Community Housing Development Fund among and between the City of Ithaca, the County of Tompkins and Cornell University, and be it further RESOLVED, That upon full execution of the MOU, the City's annual funding commitment under the MOU will be derived from an annual appropriation included the municipal budget and/or from authorization of a capital project(s), as determined by Common Council, and be it further RESOLVED, The Mayor is authorized to accept any revisions to the 2015 MOU that do not substantially or materially alter its intent or substance, and RESOLVED, That any funding award of City of Ithaca funds provided pursuant to the MOU for a specific housing project shall be separately approved by the Common Council prior to disbursement from the Community Housing Development Fund. J:\DRedsicker\AGENDAS\City Admin Comm\2015\8-19-Agenda.docx 8/19/15 12.B.a Tompkins County DEPARTMENT OF PLANNING 121 East Court Street Ithaca,New York 14850 Edward C.Marx,AICP Telephone(607)274-5560 : Commissioner of Planning Fax(607)274-5578 M a� c .N TO: Planning,Energy,and Environmental Quality Committee o From: Megan McDonald,Senior Planner = Date: July 2,2015 Re: Memorandum of Understanding to Continue the Tompkins County Housing Fund,to be o renamed the Community Housing Development Fund v N C Q. Action Requested o The proposed action is to enter into a Memorandum of Understanding (MOU) among the County of a� Tompkins, the City of Ithaca, and Cornell University with regard to the Community Housing Development Fund,previously known as the Tompkins County Housing Fund. Background o In 2009 the County,City of Ithaca,and Cornell University signed the first MOU establishing the Housing v Fund,which consisted of the Community Housing Affordability Program and the Community Housing 41 Trust Program.This highly successful joint effort has assisted the development of housing units that will p remain affordable for low to moderate income households for the long-term (at least 49 years). The original six-year Memorandum of Understanding establishing the Housing Fund recently expired,but all N three partners have indicated a willingness to continue this work for an additional six years at the same funding levels established in the 2009 MOU. LO Extending the Housing Fund ti The Housing Fund has a Program Oversight Committee(POC)comprised of members appointed by each �0I of the three funding partners.The POC has evaluated the program's impacts and the continuing need to assist the development of affordable housing in Tompkins County. Based on those findings and the a, experience of nine previous funding rounds, the POC developed the new MOU. The primary changes a: incorporated in this MOU are: o • Name change—The Housing Fund is often confused with the County's Homeownership Program, and POC members felt that the name, Community Housing Development Fund, makes it more clearly evident that this program is meant to spur the development of housing in the community. • Discontinuation of loans for predevelopment costs—The Housing Fund was originally conceived 0 as having two components, (1)the Community Housing Affordability Program which provided 0 0%interest loans for pre-development costs of projects including affordable housing units, and W (2) the Community Housing Trust Program which provided grants to cover land purchase, a. construction, and other costs that reduce the cost of non-student housing units that remain permanently affordable for low-and moderate-income households.The loan program has had far fewer applicants and has not resulted in any affordable units built,therefore,the POC believes the focus should be on actual development activities. • Additional affordable housing activities—Recognizing that affordable housing challenges are Q complex and that efforts beyond project-based grants may be needed in the next six years to speed the creation of additional affordable housing in Tompkins County, the MOU allows the POC members to identify and propose other opportunities to advance affordable housing,subject to the approval of all three of the participating entities(County,City,and Cornell). Inclusion through Diversity Packet Pg.18 12.B.a • Support for mixed-income housing — In order to encourage truly mixed-income housing development and to support local inclusionary zoning efforts, the MOU allows assistance for projects that remain affordable for those earning up to 120%of area median income(AMI)if a project also contains a significant proportion of housing units for households earning 80%or less AMI.(Note:The County's source of funds can only benefit households earning 80%or less AMI, so this would mean that only City and Cornell funds could support those units for households earning over 80%AMI.) U_ 0 c Enclosure • Resolution No. Authorization to Enter into an Agreement with the City of Ithaca and Cornell = University to Administer the Community Housing Development Fund • HF 2015-1-8695 Memorandum of Understanding Among the County of Tompkins, the City of n Ithaca,and Cornell University with Regard to the Community Housing Development Fund v c Financial Implications a Resolution No.2014-188 committed$600,000 of Tompkins County Program Income funds to continuing E the Housing Fund, contingent upon the City of Ithaca committing at least $600,000 and Cornell E-0 University committing at least $1.2 million, and the execution of a Memorandum of Understanding between all parties. None of the County's contribution involves local tax dollars. All of the County's contribution will come from funds originally received from the U.S.Department of Housing and Urban Development(HUD)that were loaned under the County's Homeownership Program and have been repaid c by borrowers. This is the same source of funds the County used for its contributions from 2009-2015. v These funds can only be used for HUD eligible activities. o Contact Megan McDonald at 607-274-5560 or mmcdonaldatompkins-co.org. N ti ~I c U_ x 0 I E a� LI CD 0 U I CY W W a c a� E Q Inclusion through Diversity Packet Pg.19 CITY SHORT ENVIRONMENTAL ASSESSMENT FORM Project Information: To be completed by applicant or project sponsor. Date: 8/10/15 1. Applicant/Sponsor: 2. Project Name: City of Ithaca Common Council MOU with Tompkins County and Cornell Univ. to Continue the Housing Fund Program for an Additional Six Years 3. Project Location: Various 4. Is Proposed Action: X New o Expansion o Modification/Alteration 5. Describe project briefly: The Housing Fund is a locally funded and administered program that assists with the development costs associated with residential and mixed-use real estate development projects.The MOU establishes the framework for operation of the program as well as the funding commitments of each participant. 6. Precise Location (Road Intersections, Prominent Landmarks, etc. or provide map) Various—projects are identified through a public application process. 7. Amount of Land Affected: Initially None Ultimately None 8. Will proposed action comply with existing zoning or other existing land use restrictions? X Yes o No If No, describe briefly: 9. What is present land use in vicinity of project: o Residential o Industrial o Agricultural o Parkland/Open Space o Commercial o Other Describe: To be determined as housing projects are identified. 10. Does action involve a permit/approval, or funding, now or ultimately, from governmental agency(Federal, State or Local): X Yes o No If Yes, List Agency Name and Permit/Approval Type: City of Ithaca Common Council approval is required for each project awarded any of the City's contribution to the program. 11. Does any aspect of the action have a currently valid permit or approval? o Yes X No If Yes, List Agency Name and Permit/Approval Type: 12. As a result of proposed action will existing permit/approval require modification? o Yes X No I certify that the information prov' d above is true to the best of my knowledge. PREPARER'S SIGNATURE DATE:August 10, 2015 PREPARER'S TITLE: Nels B h , Dire or of Community Development REPRESENTING: Ithaca Urban Renewal Agency SHORT ENVIRONMENTAL ASSESSMENT FORM Part II To Be Completed By Staff Name of Project: MOU with Tompkins County&Cornell University to Continue the Housing Fund Program for an Additional Six Years Yes No 1. Will project result in a large physical change to the project site or physically alter ❑ ■ more than one acre of land? 2. Will there be a change to any unique or unusual land form found on the site or to any ❑ site designated a unique natural area or critical environmental area by a local or state agency? 3. Will the project alter or have any effect on an existing waterway? ❑ u 4. Will the project have an impact on groundwater quality? ❑ u 5. Will the project affect drainage flow on adjacent sites? ❑ 1-1 6. Will the project affect any threatened or endangered plant or animal species? ❑ ❑ 7. Will the project result in an adverse effect on air quality? ❑ ❑ 8. Will the project have an effect on visual character of the community or scenic views ❑ or vistas known to be important to the community: 9. Will the project adversely impact any site or structure of historic,pre-historic,or ❑ ❑ paleontological importance or any site designated a local landmark or in a landmark district? 10. Will the project have an effect on existing or future recreational opportunities? ❑ I 11. Will the project result in traffic problems or cause a major effect to existing transportation systems? 12. Will the project cause objectionable odors,noise,glare,vibration, or electrical disturbance as a result of the project's operation during construction or after completion? j i 13. Will the project have any impact on public health or safety? ❑ 14. Will the project affect the existing community by directly causing a growth in ❑ r permanent populations of more than 5 percent over a one-year period OR have a negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the project? ❑ L_i If any question has been answered YES,a completed Full Environmental Assessment Form(FEAF) is necessary. PREPARER'S SIGNATURE: DATE: 8/10/15 PREPARER'S TITLE: Nels Bohn, D ector f Community Development REPRESENTING: Ithaca Urban Renewal Agency CDBG HF 24W2015--21-8695 REDLINE COMPARING PROPOSED 2015 MOU TO 2009 MOU MEMORANDUM OF UNDERSTANDING AMONG THE COUNTY OF TOMPKINS, THE CITY OF ITHACA,AND CORNELL UNIVERSITY WITH REGARD TO THE COMMUNITY HOUSING DEVELOPMENT HOUSING TRUST PROGRAM OF THE HOUSI FUND WHEREAS, the signatories of this Memorandum of Understanding (MOU) established the Tompkins County Housing Fund in 2009 and have successfully administered it through 2015, assisting the construction of 124 affordable housing units to date and with an additional 80 units expected to proceed to construction, and WHEREAS, the signatories wish to further develop and administer-this program as the Housing F+mdCommunity Housing Development Fund ("the Fund")to be used to meet affordable housing needs throughout Tompkins County, the goal of the Fund being to assist communities,-and organizations, and housingdevelopers evelopers throughout Tompkins County to respond to the diverse affordable housing needs of its residents, and WHEREAS, the signatories recognize the value of producing and retaining mixed-income housing that is available to a diversity of residents with a range of incomes, and that mixed-income housing projects that include affordable units should be encouraged and eligible for program assistance,particularly. t�pport projects complying with local inclusionary zoning ordinances, WHEREAS, the eeniffffinity has developed the Community Housing Gellabefafive, whieh endifies Univefsity and the Tompkins County eommunity to inViement the Housing Stfutegy for Tompkins Cotinty, whieh seeks to pr-e"ee a s4stantial afnetint of new housing for-lower- and middle ineeme families in eenfefmanee with adopted ffffinieipal eempr-ehensive plans and s4ategie plans, and WHEREAS, in establishing administering the Community Housing Development Fund, the signatories recognize the benefits of providing funds to experienced for-profit and not-for-profit developers for pre- development costs through the Comnumity Housing Affor-dability Program; and funding th-rough the r,,,-...,.,.-anity Housing Tmst Pr-og..,n or the cost of land and other costs associated with the development, rehabilitation, and retention of affordable housing units,provided that the housing units assisted develo—e—Awith those funds on that land remain permanently affordable for those earning up to Ineeme80% of Area Median Income (AMI) or up to 120% of AMI provided a project also contains a significant proportion of housing units for households earning 80% or less of AMI, Community Housing Tmst, of sueh other-program or entity meeting the housing initiative objeetives as approved by the s .,tefies-, and WHEREAS, the signatories further recognize that the understanding of the challenges to affordable housingdevelopment evelopment and preservation, and best practices to improve and expand the supply of affordable housing, continue to evolve as both Tompkins County and communities throughout the nation continue to face complex and persistent affordable housing challenges, NOW, THEREFORE,the signatories agree as follows: 1 UHF 2-OW2015--21-8695 A. The signatories are the COUNTY OF TOMPKINS (hereinafter"County"), the CITY OF ITHACA (hereinafter"City"), and CORNELL UNIVERSITY(hereinafter"Cornell"), with all signatories hereinafter jointly referred to as "the participating entities". B. The Community Housing Development Fund u^„s;, g F„ffla eensists of related ^ the Community Housing A r-dability Pr-ogr-afn and the Community Housing T-Fust Program. The is a locally funded and administered program that assists with the pre-development costs associated with residential and mixed-use real estate development projects. The Fund is desig intended to ensure that newly constructed or rehabilitated homes, as well as existing affordable housing u�remain permanentlX affordable to future generations of renters and buyers.. nom anent aff ,.dability;s retained by separating the owner-ship of the land fiem the owner-ship of the dwelling unit, whereby only the homeowner-, n take f om the house upen ale C. Aln accordance with the objectives set forth in the whereas clauses above, aA Notice of Funding Availability(NOFA)has4�eenwill be drafted for each funding round released under the Community Housing Development Fund to describe available funding opportunities dffettgh e and application procedures. hereinafter r-eferred-to asthe "Dreg TApplicants for funding consideration will be required to submit detailed evidence of their qualifications and capabilities in completing similar projects and successfully delivering new or adaptive-reuse housing, or preservingexisting xisting affordable units awarded fonds that conform to the affordability objectives described in the Notice of Funding Availability. Funds shall be awarded as described below in Section G. Applicants will be required to comply with certain measurements and performance criteria intended to ensure that disbursed funds fulfill the objectives set forth by the signatories. D. The participating entities shall form a Program Oversight Committee made up of three representatives appointed by each signatory to this Memorandum of Understanding.,for a total of nine members. -It is suggested that at least one representative be a member of the elected body or senior administration of each signatory. The remaining City and County seats should ineltide an appei e drawn from community members with relevant expertise such as those representing a financial institution with housing lending experience; a real estate development firm or organization; a representative from an economic development firm or organization or in the case of Cornell University, a Cornell representative with housing lending, real estate, or economic development experience. Each participating entity shall appoint one alternate member, and 1_4- -,,-Ikieip fiag entity may also appoint one staff member as an ex-officio non-voting member. E. The Program Oversight Committee will be responsible for(1) administering the Programs Fund (including but not limited to finalizing and administering the NOFA document and process)with assistance from staff of the Tompkins County Planning Department; (2) appointing members to and reviewing recommendations from the Application Review Committee; and(3) making final funding recommendations to the participating entities. In addition, the Program Oversight Committee will be responsible for(4) monitoring the use of funds.,(5�5) overseeing the funds any additional entities maX choose to contribute, ; foFmal agreement between the granting entities and the f,nd ngr-eeipiePA-,-and(�6) developing template agreement to be used by partieipating entities for funding of applicants appr-eved by Program Oversight Committee.identifying and proposing other opportunities to advance affordable housing within Tompkins County, subject to the approval of the participating entities. 1 UHF 200-92015-21-8695 F. An Application Review Committee shall consist of members appointed by the Program Oversight Committee to evaluate and rate applications for funding and provide recommendations to the Program Oversight Committee on such funding applications. The Application Review Committee members should may include an appointed member representing housing professionals from outside the County and should include appointed local professionals with experience in relevant fields such as real estate development, housing, the building industry,planning, sustainable development, human service needs, or real estate finance. G. Participating entities agree to enter into the MOU with the understanding that funds will be provided based on the recommendations of the Program Oversight Committee, and to enter into grant agreements with funding recipients in a timely fashion. However, notwithstanding the above, each participating entity shall have the right to decline use of its own funds for an application recommended for approval by the Program Oversight Committee that does not, at its sole discretion, match its housing initiative priorities. In recognition that City residents pay property taxes to the County, the County agrees not to decline an application for funding solely because the housing project is located within the City, to the extent permitted by applicable laws and regulations governing use of County funds paid toward the funding of the NOFA. The decision of the participating entity to decline support of a project cannot be overruled by the Program Oversight Committee. H. Each participating entity shall contribute funds in the amounts specified below to be used to capitalize the Community Housing Development FundRousing F,,,,a. Each participating entity will have custody of and manage its individual contributions, at its own expense. Table 1: Sources of Funds for the NOFA. Term of MOU Tompkins County City of Ithaca Cornell Total University Year 1 $100,000 $100,000 $200,000 $400,000 Year 2 $100,000 $100,000 $200,000 $400,000 Year 3 $100,000 $100,000 $200,000 $400,000 Year 4 $100,000 $100,000 $200,000 $400,000 Year 5 $100,000 $100,000 $200,000 $400,000 Year 6 $100,000 $100,000 $200,000 $400,000 Total Contribution $600,000 $600,000 $1,200,000 $2,400,000 I. The COUNTY agrees to: 1. Contribute $600,000 ($100,000 annually per Table I during the term of the MOU)toward the funding of the NOFA and any affordable housing relkated efforts approved by the participating entities. 2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability (NOFA) 1 UHF 200-92015--21-8695 (^ttael*nent 2) 3. Make such contribution on the condition that all disbursements of funding made from its contributions are used on proposed housing projects or related efforts approved by the participating entities, consistent with the municipal program requirements for the sources of funding and the relevant pot4ions of the Community Housing Cellaber-a4ive (Attaehfflefil 1). 4Participate on the Program Oversight Committee throughout the NOFA process. 4.5.Provide assistance from staff of the Tompkins County Planning Department to support the administration of the Fund. 6. Provide assistance from staff of the Tompkins County Planning Department to support the Program Oversight Committee and the Applications Review Committee. 7.Enter into an-agreements for disbursement of funds to approved gm-recipients based funding agr-eements to the n,-,,,,,..,,.., Over-sight Committee. 6 8.Track Ceuflty funds and matehing i all funds contributed to the Community Housing Development Fund, invoice participating entities for the funds awarded from their contributions to particular proposals, and disburse the funding awards as appropriate for proposal(s) awarded funding. 9 Account on a quai4efly-EqgILlar basis to the other participating entities for disbursement of funds for-the NOF-^from the Community Housing Development Fund. -7,10. Determine a process by which the COUNTY will determine whether or not it grants approval of using the Community Housing Development Fund to support additional affordable housing-related activities suggested by the Program Oversight Committee. No COUNTY contributions to the Fund will be used for these additional activities without COUNTY gpproval. J. The CITY agrees to: 1. Contribute $600,000 ($100,000 annually per Table 1 during the term of the MOU) toward the funding of the NOFA. 2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability (NOFA) eensistent with the seepe of ftinding deser-ibed in the relevant peAiens of the Community Housing Collaber-a4ive (Attaehment 1) and the Come!!Housing initiative 3. Make such contribution on the condition that all disbursements of funding made from its contributions are used on proposed housing projects or related efforts approved by the participating entities, consistent with the municipal program requirements for the sources of funding and the relevant pet4iens of the Ceinffmnity Housing Collaborative (Attaehment 1). 4. Participate on the Program Oversight Committee throughout the NOFA process. 5. Enter into an-fiscal agreementLss)with the COUNTY and make funds available for disbursement of approved gr-ant-recipients receiving support from the Cites contribution to the Fund based uper the template developed by the Program Oversig r, cvmrizrcccit4e z. 6_Track City funds and.,-iatei ing funds and disburse the funding ar-ds ., appropriate r^r committed to the Community Housing Development Fund. 6 7.Determine a process by which the CITY will determine whether or not it grants approval of using the Community Housing Development Fund to support additional affordable housing= related activities suggested by the Program Oversight Committee. No CITY contributions to the Fund will be used for these additional activities without CITY approval. 1 GDBG HF 2-OW2015-21-8695 K. CORNELL agrees to: 1. Contribute $1,200,000 ($200,000 annually per Table 1 during the term of the MOU) toward the funding of the NOFA. 2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability (NOFA) consistent with Cornell University's workforce development and housing_goalsthe seepe of ftinding deser-ibed in the Come!!Housing Initiative (Attaehment 2) and the r-elevan 3. Make such contribution on the condition all disbursements of funding made from its contributions are used on proposed housing projects or related efforts approved by the participating entities, consistent with th-e-Cornell University's workforce development and housing_goals 4. Participate on the Program Oversight Committee throughout the NOFA process. 5. Enter-into an agreement for-disbur-sement of funds to approved grant r-eeipients based upon the template developed by the Pr-egfam Over-sight Committee, and provide a eopy of all sue.h. ftindi g agr-eements to the D,-.,..,-.,,v, Over-sight r,,,,.,,,.itte Make funds available for disbursement to approved recipients receiving_support from Cornell's contribution to the Fund. 6. Track Cornell funds and,..,,,t,.hing funds and disburse the funding arils ., appropriate f committed to the Community Housing Development Fund. 6-.7.Determine a process by which the Cornell will determine whether or not it grants approval of using the Community Housing Development Fund to support additional affordable housing: related activities suggested by the Program Oversight Committee. No CORNELL contributions to the Fund will be used for these additional activities without CORNELL qpproval. L. Additional municipalities, major employers, charitable foundations, or private entities are encouraged to contribute funding to the Community Housing;Development FundHous ng F,,,,a. It is the responsibility of the Program Oversight Committee to oversee the contributions of additional entities. The Program Oversight Committee may accept or reject contributions at its sole discretion. The Program Oversight Committee will at its sole discretion determine how funds from additional entities are to be disbursed. In the event an additional municipality, major employer or charitable foundation who commits to contribute funding also seeks representation on the Program Oversight Committee, such representation shall be permitted as follows: 1. A contribution of$50,000 or more to the Community Housing Development Fund Housing Eby an interested municipality, major employer or charitable foundation will make it eligible to appoint one associate member to the Program Oversight Committee for the program year in which the contribution is made. Associate members will shave voting privileges_; and theif paAieipatian an the Pfagr-am Ovefsight Committee will be limited to the di regarding the use of their- e „tr-ib„tie to ffind speeifie „ * .but will not be counted towards quorum. 2. The contributors will agree to disburse funding awards for proposal(s) receiving funding as directed by the Program Oversight Committee. M. Funds not expended in one year by any of the participating entities will be rolled over to the following year and will be available in addition to the participating entity's annual contribution. N. This MOU shall be effective upon execution by all the participating entities and shall have a term of six-years or until such time as funds encumbered by each of the participating entities for the Community Housing Development Fund are committed and fully expended, whichever is later. 1 GDBG HF 2-OW2015-2-1-8695 O. Each participating entity may terminate this MOU for any reason upon thirty(30) days written notice to the other participating entities. Upon termination, the terminating entity shall honor the funding obligations from irany agreements made by it with funding recipients prior to the date of termination; btA shall haver f„the f obligations, „deF the r rnrr Any contributions committed to the Community Housing Development Fund by the terminating entity for the year within which the written notice of termination was issued will remain available for use on Community Housing Development Fund projects. P_Modification: This Memorandum of Understanding may be modified at any time by mutual agreement of all three signatories. P.QThe Program Oversight Committee will review the Notice of Funding Availability, Program Oversight Committee bylaws, and the Memorandum of Understanding .as needed. When the POC has discussed a particular programmatic change, final approval of language can be obtained by email with all committee members. If an objection is raised by any voting member within 10 business days, said change must be brought to the next Program Oversight Committee meeting for a final decision. Should no objections be raised within 10 business days, the change will take effect. Q-.R. To the extent permitted by law, each participating entity hereby agrees to indemnify, hold harmless and defend the other participating entities and their respective officers, employees, agents and elected officials from and against any and all claims and actions brought against the other participating entities and their respective officers, employees, agents or elected officials, for injury or death to any person or persons, or for damage to property, arising out of the performance of this Memorandum of Understanding by the participating entity, its employees, subcontractors, or agents. IDS. Participating entities will not discriminate against any employee, applicant for employment, sub- contractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socio-economic status, or weight. S-.T. The Program Oversight Committee shall adopt, by agreement of at least seven committee members, initial operating miesbylaws that minimally define a quorum as 6 members including at least 2 votip members from each participating entity, and specify the minimum number of votes required to take action. Amendments to the ^por i PdL-sbylaws shall require agreement of at least seven duly appointed committee members. 1 CDBG HF 24W2015-21-8695 Tompkins County Name: Title: Signature: Date: City of Ithaca Name: Title: Signature: Date: Cornell University Name: Title: Signature: Date: 1 GDBG HF 2-OW2015-2-1-8695 An Exeer-pt from the Community Housing Collab rattive T,,,,�08- Tanipkitis Goenty, whieh seeks to pfeduee a substantial afflatmt of new housing for- lowef and mid Cofnell has offered to eontribete up to S 10 million ovef the next deeade toward hotisifig pf-ogfaffis that, will benefit its staff-, faeulty, graduate students and area residents. The eommunity ean also make 775 housing units with a total development eost of$1 69 mill; Guiding PFineiples Tofflpkitis Gounty faees -.—ving tieed fof additional housing of all types. This defieit fflandates a foetts on the development of a substantial number- of new housing units over-the next ten ye All fiew housing shotild be developed in eonfofmanee with the Tompkins Gottaty Compr-eheasive -Plan and the adopted Hottsing Strategy fof Tompkins Gottnty eoof:diiiated with loeal munieipal plans. The plan and its implementation str-ategy eneottfage development in ufban areas or growth nodes that are sefved b� • FoFum in sunnner-2007 the group was tasked with putting togethef a eommunity housing eollabofative. The eollabot:ative was an oudine of the housing initiatives that the eomnimnity eouid wot:!E on with ComeN Univet:sity. There was a description of the pizogr-afns themselves and a brief diseussion of what it would take to aeeoFaplish eaoh pfogr-am. The eollabor-ative was it is understood 4ia4 the proposed housing pr-ogfafns,as deser-ibed in this doeument,are aeeur-ate as of itifle 9,2008. it is aise undefstood that these progfams will evolve Over-time therefore this doeumeat serwes as a fefereflee Poi The,l4ousin Action Group is an infor-mal gt:oup of housing pFofessionais in Tompkins County. At the Nlayof's Housing UHF 2-OW2015-2-1-8695 t�Tes and sizes. Both r-eiital aiid ownef housiiig should be developed ifi fofffis and sizes that pfovide mor--e ehoiee than is a�vailable today. Mixed ineoffle developffient is highly desi 0 At least New housing development shotild aeeommodate the fieeds of a bf:oad range of household ifleomes,of the new housing that is developed should be woddor-ee housing that is affordable affordable tIffough legally efifer-eeable shared appfeeiation ehafiisms that pr-esefw affordability of units to low and moderate ineome households. All fiew wogEfofee ownef housing should . . afient! taxes,0 Cuffent and f6tur-e Comell employees and other-in eommuter-s should be provided with finaneial ifieentives to live in Tompkins Coutity, pr-efer-abiy with aeeess to the ptiblie tr-anspoftation system. 0 All housing pfogfatns should, to the flifflEiffittffl extent feasible, levefage outside funding 0 All tiew housing shotild pay a fair- share of so as to not shift the > eost of pfoviding publie sef-viees and iiiffastfaetufe to other-r-esidefits, unless taxes afe expfessly abated to 0 All new housing should utilize green building pr-aetiees to eneottr-age sensible development pattefas; energy effieiefiey; > > and Proposed Housing Programs The following are brief deser-iptions of hottsing pfogr-ams that ean be implemented thfough this r-edtietion of waste. UHF 24)492015-2-1-8695 Tompkins County. initial r-eeammended fifianeial eommitments fFofn ptiblie and private settrees to establish the Hoosing Affordability Fund and Housing T-mst F-tind are pr-evided. 1~'r4nr nvnn A rsrCTnB 17nr sp4G PReGn A rR [f miT-T 441 land,Housi�4G AFFORDABILITY FUND Goah -Pr-E),vide grants or- loans to s"pot4 the pr-e development of affordable hottsing p Type of housing: Available to suppoi4 the development of any new eonstfuetion or- substantial f4ts into the hottsifig programs deser-ibed below. Description: A loeally funded and administer-ed fund that assists with the pr-edevelopment eosts assoeiated with aff-oFdable of faixed iiieofae housing pFojeets. Eligible ttses of the fiind would ineltide the eost of ital assessment; site design; design; approvals; > fnafket studies; or-fifianeing fees. it is expeeted that the flifid will be t:epaid when the pr-ojeet has been eompleted and the pefmanent finaneing is in plaee, but the money eottid also be for-given for low ineome or mixed ineome pr-ojeets uiideftakefl by a iion pfofit developer, Eligible boffoweFs would ifielude both for- pFofit and non pFofit developers. An oversight board would establish goals for the program; r-eview applieations fundifig; and approve role.eaeh ffem Tompkins Cottaty and the City of ithaea and $400,000 ffem ComeA over-the next 6 yeai-7s. The County and City funds would be r-estr4eted to pr-oj eets that primarily betiefit low ineeme hotisehol- - Who's responsible? An ovef sight boafd vested with the authority to make funding d i i .f*,e4 proposals, supplemented by stag eapable of analyzing pr-ojeets and er-eating loan doettments. An existin board stteh as the 1DA or-WAD beard, aeee-ptable to fidfider-s, may be suited to sen,e this 1 UHF 2-OW2015-2-1-8695 Lever-age• $400,000 gE)N'eMMeRtS. Pr-edeVelOpffiefIt FHOfle�'fff pr-ojeets Potentially lever-ages other development Aindin ratio of about 1:1-2. r•o mr�r 44iT- T Hous,pu°gin Coall Gfeate pefmanently aff-or-dable housing units for-low or-moderate ineoffle hofflebuyefs. Type of housing! Any femi of owner oeetipied hottsing ifieludifig single family detaehed; semi detaehed, condominium ve. Either-new of existing housing eottid be bfought into the subsidies by ensufing that homes i!efflain aff-or-dable to ftitttf:e generations of buyers. Pefmanent, homeowfier- ean take ffom the hottse"oft sale. Commenity hottsing tmst homes rise in value, but at -Ei slowet:rate than the eonventional housing fnafket. The development proeess foi:eommunity housing tfus zn eonventional aff-or-dable housing pur-ehase sttbsidy programs stieh as grants for- down payment and elosin eosts or low interest first mortgage loans. The non profit r-et nt stewardship of the land an the rf r•1 ofr io deed s•1, eti Finaneing! The fund wotild be eapitalized at $1,600,000 by eommitments for eontribetions of$400,000 years.eaeh ffom Tompkins County and the City of ithaea and $800,000 ffom Cor-nell over-the next 6 zn flinding for progrwn management. An $900,000 Come!! eontr4bution over-the next six years leverages $900,000 in funds ffom Tompkins County and the City of ithaea. Aff-OFdability is aehieved thFoug subsidize eofistmetion and gt:afits of:loafis to lower-the eost of ptir-ehase fifianeing. These stibsidies would Donations of land of fiiiatieial eontr-ibutions to assist with the pur-ehase of land afe ifflpoi4ant elements in UHF 20092015-2-1-8695 Who's responsible? Th' ill need to be established and adfainistefed by a iian pfefi i that has the ea-paeity fei:real estate development, marketing, leading and legal over-sig IN14S has initiated the dewlepment of a eommunity housing tfust and expeets to eventually spin off-a moderate ineeme household would utilize eetiventional development and pttr-ehase f4flafleiflg. residential hottsing. A eentr-ibution of land would levet:age other- ftinds on a 1!4 basis. Notising bi under the eommunity housing tFust eoneept eould also attr-aet signifieant subsidies ffom state and federal affefdable housing pr-ogr-affls. The long tefffl affordability of this housing eould require highef t fiofmal subsidy amotifits, A Ewan n r Housiw4G DEN,,i opmEwrm fnnnimmcnl T n v F4vFt rnm T2nr.rr�l�'rr.r n r rrnTr/(`nr.r�rm 1�'w rr n n r+r.n,rrr.Tm fnr,rrmmr.r�l 1 GDBG HF 2-OW2015-2-1-8695 Principles of Gor-nell Woddoree Housing initiative v n czvw ircccn-rrcm crrcritcccn crori The pr-itnafy objeetives for-the woflEfor-ee housing initiative are to benefit the future reefuitment and housing options as applieable, eonsistent with the Univer-sity's eamptts master-plans. 2 Housing Stook development of quality, attr-aetive and stistaitiable residential eommunities for-the befiefit of Comell a-Ed its employees, and the e Gomell will work on aff-or-dable hotising soltitions with pfefer-enee to first time homebuyer-s, by housing Hoosing ass' *afns flifided via the initiative should befiefit Gomel! employees seeking homes near the m „6.1:e t,-a spoftation „tom nodes, and r-edttee the median eoffinittte distanee of Coffiell employees. Housing ass' ' . — s Must eontain an affay of sustainability faetor-s sueh as. (a) long tem 5. Tr- Strategies GDBG HF 2-OW2015-2-1-8695 7 n,a pt bili �. Housing ass' ' . —'ams and housing development projects funded via the initiative should be eapable of adapting to evolving eaffiptts needs. 9. Community Alignment Housing assistanee pr-ogr-ams and housing development projects funded via the initiative should align with The initiative includes collaboration with local munieipal sponsofs in an ef-foft to lever-age local, state—, and housing development projeets flitided via the initiative. 1 HF 2015-1-8695 MEMORANDUM OF UNDERSTANDING AMONG THE COUNTY OF TOMPKINS, THE CITY OF ITHACA,AND CORNELL UNIVERSITY WITH REGARD TO THE COMMUNITY HOUSING DEVELOPMENT FUND WHEREAS, the signatories of this Memorandum of Understanding (MOU) established the Tompkins County Housing Fund in 2009 and have successfully administered it through 2015, assisting the construction of 124 affordable housing units to date and with an additional 80 units expected to proceed to construction, and WHEREAS,the signatories wish to further develop this program as the Community Housing Development Fund("the Fund") to be used to meet affordable housing needs throughout Tompkins County,the goal of the Fund being to assist communities, organizations, and housing developers throughout Tompkins County to respond to the diverse affordable housing needs of its residents, and WHEREAS, the signatories recognize the value of producing and retaining mixed-income housing that is available to a diversity of residents with a range of incomes, and that mixed-income housing projects that include affordable units should be encouraged and eligible for program assistance,particularly to support projects complying with local inclusionary zoning ordinances, WHEREAS, in administering the Community Housing Development Fund, the signatories recognize the benefits of providing funds to experienced for-profit and not-for-profit developers for the cost of land and other costs associated with the development, rehabilitation, and retention of affordable housing units, provided that the housing units assisted with those funds remain permanently affordable for those earning up to 80% of Area Median Income (AMI) or up to 120% of AMI provided a project also contains a significant proportion of housing units for households earning 80% or less of AMI, and WHEREAS, the signatories further recognize that the understanding of the challenges to affordable housing development and preservation, and best practices to improve and expand the supply of affordable housing, continue to evolve as both Tompkins County and communities throughout the nation continue to face complex and persistent affordable housing challenges,NOW, THEREFORE, the signatories agree as follows: A. The signatories are the COUNTY OF TOMPKINS (hereinafter"County"), the CITY OF ITHACA (hereinafter"City"), and CORNELL UNIVERSITY (hereinafter"Cornell"), with all signatories hereinafter jointly referred to as "the participating entities". B. The Community Housing Development Fund is a locally funded and administered program that assists with the development costs associated with residential and mixed-use real estate development projects. The Fund is intended to ensure that newly constructed or rehabilitated homes, as well as existing affordable housing units, remain permanently affordable to future generations of renters and buyers. C. In accordance with the objectives set forth in the whereas clauses above, a Notice of Funding Availability(NOFA) will be drafted for each funding round released under the Community Housing Development Fund to describe available funding opportunities and application procedures. Applicants for funding consideration will be required to submit detailed evidence of their qualifications and capabilities in completing similar projects and successfully delivering new or adaptive-reuse housing, or preserving existing affordable units that conform to the affordability objectives described in the Notice of Funding Availability. Funds shall be awarded as described below in Section G. Applicants 1 HF 2015-1-8695 will be required to comply with certain measurements and performance criteria intended to ensure that disbursed funds fulfill the objectives set forth by the signatories. D. The participating entities shall form a Program Oversight Committee made up of three representatives appointed by each signatory to this Memorandum of Understanding, for a total of nine members. It is suggested that at least one representative be a member of the elected body or senior administration of each signatory. The remaining City and County seats should be drawn from community members with relevant expertise such as those representing a financial institution with housing lending experience; a real estate development firm or organization; a representative from an economic development firm or organization or in the case of Cornell University, a Cornell representative with housing lending, real estate, or economic development experience. Each participating entity shall appoint one alternate member, and may also appoint one staff member as an ex-officio non-voting member. E. The Program Oversight Committee will be responsible for(1) administering the Fund(including but not limited to finalizing and administering the NOFA document and process)with assistance from staff of the Tompkins County Planning Department; (2) appointing members to and reviewing recommendations from the Application Review Committee; and(3) making final funding recommendations to the participating entities. In addition, the Program Oversight Committee will be responsible for(4) monitoring the use of funds, (5) overseeing the funds any additional entities may choose to contribute, and(6) identifying and proposing other opportunities to advance affordable housing within Tompkins County, subject to the approval of the participating entities. F. An Application Review Committee shall consist of members appointed by the Program Oversight Committee to evaluate and rate applications for funding and provide recommendations to the Program Oversight Committee on such funding applications. The Application Review Committee members may include an appointed member representing housing professionals from outside the County and should include appointed local professionals with experience in relevant fields such as real estate development, housing, the building industry,planning, sustainable development, human service needs, or real estate finance. G. Participating entities agree to enter into the MOU with the understanding that funds will be provided based on the recommendations of the Program Oversight Committee, and to enter into grant agreements with funding recipients in a timely fashion. However, notwithstanding the above, each participating entity shall have the right to decline use of its own funds for an application recommended for approval by the Program Oversight Committee that does not, at its sole discretion, match its housing initiative priorities. In recognition that City residents pay property taxes to the County, the County agrees not to decline an application for funding solely because the housing project is located within the City, to the extent permitted by applicable laws and regulations governing use of County funds paid toward the funding of the NOFA. The decision of the participating entity to decline support of a project cannot be overruled by the Program Oversight Committee. H. Each participating entity shall contribute funds in the amounts specified below to be used to capitalize the Community Housing Development Fund. Each participating entity will have custody of and manage its individual contributions, at its own expense. 2 HF 2015-1-8695 Table 1: Sources of Funds for the NOFA. Term of MOU Tompkins County City of Ithaca Cornell Total University Year 1 $100,000 $100,000 $200,000 $400,000 Year 2 $100,000 $100,000 $200,000 $400,000 Year 3 $100,000 $100,000 $200,000 $400,000 Year 4 $100,000 $100,000 $200,000 $400,000 Year 5 $100,000 $100,000 $200,000 $400,000 Year 6 $100,000 $100,000 $200,000 $400,000 Total Contribution $600,000 $600,000 $1,200,000 $2,400,000 I. The COUNTY agrees to: l. Contribute $600,000 ($100,000 annually per Table 1 during the term of the MOU)toward the funding of the NOFA and any affordable housing related efforts approved by the participating entities. 2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability (NOFA). 3. Make such contribution on the condition that all disbursements of funding made from its contributions are used on proposed housing projects or related efforts approved by the participating entities, consistent with the municipal program requirements for the sources of funding. 4. Participate on the Program Oversight Committee throughout the NOFA process. 5. Provide assistance from staff of the Tompkins County Planning Department to support the administration of the Fund. 6. Provide assistance from staff of the Tompkins County Planning Department to support the Program Oversight Committee and the Applications Review Committee. 7. Enter into agreements for disbursement of funds to approved recipients. 8. Track all funds contributed to the Community Housing Development Fund, invoice participating entities for the funds awarded from their contributions to particular proposals, and disburse the funding awards as appropriate for proposals awarded funding. 9. Account on a regular basis to the other participating entities for disbursement of funds from the Community Housing Development Fund. 10. Determine a process by which the COUNTY will determine whether or not it grants approval of using the Community Housing Development Fund to support additional affordable housing- related activities suggested by the Program Oversight Committee. No COUNTY contributions to the Fund will be used for these additional activities without COUNTY approval. J. The CITY agrees to: 1. Contribute $600,000 ($100,000 annually per Table 1 during the term of the MOU)toward the funding of the NOFA. 2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability (NOFA). 3. Make such contribution on the condition that all disbursements of funding made from its contributions are used on proposed housing projects or related efforts approved by the participating entities, consistent with the municipal program requirements for the sources of funding. 4. Participate on the Program Oversight Committee throughout the NOFA process. 3 HF 2015-1-8695 5. Enter into fiscal agreement(s) with the COUNTY and make funds available for disbursement to approved recipients receiving support from the City's contribution to the Fund. 6. Track City funds committed to the Community Housing Development Fund. 7. Determine a process by which the CITY will determine whether or not it grants approval of using the Community Housing Development Fund to support additional affordable housing- related activities suggested by the Program Oversight Committee. No CITY contributions to the Fund will be used for these additional activities without CITY approval. K. CORNELL agrees to: 1. Contribute $1,200,000 ($200,000 annually per Table 1 during the term of the MOU) toward the funding of the NOFA. 2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability (NOFA) consistent with Cornell University's workforce development and housing goals. 3. Make such contribution on the condition all disbursements of funding made from its contributions are used on proposed housing projects or related efforts approved by the participating entities, consistent with Cornell University's workforce development and housing goals. 4. Participate on the Program Oversight Committee throughout the NOFA process. 5. Make funds available for disbursement to approved recipients receiving support from Cornell's contribution to the Fund. 6. Track Cornell funds committed to the Community Housing Development Fund. 7. Determine a process by which the Cornell will determine whether or not it grants approval of using the Community Housing Development Fund to support additional affordable housing- related activities suggested by the Program Oversight Committee. No CORNELL contributions to the Fund will be used for these additional activities without CORNELL approval. L. Additional municipalities, major employers, charitable foundations, or private entities are encouraged to contribute funding to the Community Housing Development Fund. It is the responsibility of the Program Oversight Committee to oversee the contributions of additional entities. The Program Oversight Committee may accept or reject contributions at its sole discretion. The Program Oversight Committee will at its sole discretion determine how funds from additional entities are to be disbursed. In the event an additional municipality, major employer or charitable foundation who commits to contribute funding also seeks representation on the Program Oversight Committee, such representation shall be permitted as follows: 1. A contribution of$50,000 or more to the Community Housing Development Fund by an interested municipality, major employer or charitable foundation will make it eligible to appoint one associate member to the Program Oversight Committee for the program year in which the contribution is made. Associate members will have voting privileges but will not be counted towards quorum. 2. The contributors will agree to disburse funding awards for proposal(s) receiving funding as directed by the Program Oversight Committee. M. Funds not expended in one year by any of the participating entities will be rolled over to the following year and will be available in addition to the participating entity's annual contribution. N. This MOU shall be effective upon execution by all the participating entities and shall have a term of six-years or until such time as funds encumbered by each of the participating entities for the Community Housing Development Fund are committed and fully expended, whichever is later. 4 HF 2015-1-8695 O. Each participating entity may terminate this MOU for any reason upon thirty(30) days written notice to the other participating entities. Upon termination, the terminating entity shall honor the funding obligations from any agreements made by it with funding recipients prior to the date of termination. Any contributions committed to the Community Housing Development Fund by the terminating entity for the year within which the written notice of termination was issued will remain available for use on Community Housing Development Fund projects. P. Modification: This Memorandum of Understanding may be modified at any time by mutual agreement of all three signatories. Q. The Program Oversight Committee will review the Notice of Funding Availability, Program Oversight Committee bylaws, and the Memorandum of Understanding as needed. When the POC has discussed a particular programmatic change, final approval of language can be obtained by email with all committee members. If an objection is raised by any voting member within 10 business days, said change must be brought to the next Program Oversight Committee meeting for a final decision. Should no objections be raised within 10 business days, the change will take effect. R. To the extent permitted by law, each participating entity hereby agrees to indemnify, hold harmless and defend the other participating entities and their respective officers, employees, agents and elected officials from and against any and all claims and actions brought against the other participating entities and their respective officers, employees, agents or elected officials, for injury or death to any person or persons, or for damage to property, arising out of the performance of this Memorandum of Understanding by the participating entity, its employees, subcontractors, or agents. S. Participating entities will not discriminate against any employee, applicant for employment, sub- contractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socio-economic status, or weight. T. The Program Oversight Committee shall adopt, by agreement of at least seven committee members, bylaws that minimally define a quorum as 6 members including at least 2 voting members from each participating entity, and specify the minimum number of votes required to take action. Amendments to the bylaws shall require agreement of at least seven duly appointed committee members. 5 HF 2015-1-8695 Tompkins County Name: Title: Signature: Date: City of Ithaca Name: Title: Signature: Date: Cornell University Name: Title: Signature: Date: 6 2. City Administration, Human Resources, and Policy 2.6 Temporary Suspension of Rights WHEREAS, Texas Roadhouse Holdings LLC plans to construct a restaurant at 719-725 South Meadow Street ("Restaurant")pursuant to a lease with a term of up to thirty years, and WHEREAS, a 1951 deed refers to the right of the City to demand that a 16-foot-strip of land on the south end of that property be conveyed to the City"for street purposes", and WHEREAS, the City has not previously demanded that the strip of land be conveyed to the City, and the Superintendent of Public Works has no plans to use the strip of land for street purposes, and WHEREAS, the Restaurant is to be constructed in part on that area, and Texas Roadhouse desires to secure a commitment from the City to temporarily relinquish its right to require that a portion of the land be deeded to the City until (i) Texas Roadhouse's lease (including any renewals of that lease) expires or(ii) Texas Roadhouse or its successors or assigns ceases to operate a business there, and WHEREAS, the Board of Public Works has determined that the area in question has no current public works purpose, and WHEREAS, in consideration for this temporary suspension, Texas Roadhouse has agreed to pay the City$33,862.58 (a valuation derived from the net present value of thirty years of license fees for the area in question), which adequately compensates the City for entering into the agreement, and WHEREAS the City Attorney's office and Texas Roadhouse have negotiated an agreement establishing the terms and conditions applicable to this temporary suspension; now therefore be it RESOLVED, that the Mayor is authorized to sign an agreement temporarily suspending the City's right to demand conveyance of the land in question in a form substantially similar to the agreement reviewed by Common Council, and take such other actions as may be required to give effect to the agreement upon the advice of the City Attorney. J:\DRedsicker\AGENDAS\City Admin Comm\2015\8-19-Agenda.docx 8/19/15 R5IT CITY OF ITHACA AF108 East Green Street Ithaca New York 14850-6590 e a OFFICE OF THE CITY ATTORNEY ° Aaron O. Lavine, City Attorney Telephone: 607/274-6504 Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507 m Krin Flaherty, Assistant City Attorney Jared Pittman, Assistant City Attorney Jody Andrew, Executive Assistant MEMORANDUM To: City Administration Committee From: Jared Pittman, Assistant City Attorney Date: August 7, 2015 Subject: Temporary Suspension of Rights at 719-725 South Meadow Street Texas Roadhouse Holdings LLC is scheduled to begin construction of a restaurant located in the commercial complex at 719-725 South Meadow Street this fall; its initial leasehold is for up to thirty years. A 1951 deed refers to the right of the City to demand that a 16-foot-wide strip of land on the south end of the property be conveyed to the City "for street purposes," but this has never been done, and there are no plans to demand that this land be conveyed to the City for street purposes. The proposed restaurant will be built in part on this area, and Texas Roadhouse has requested that the City temporarily suspend its right to demand conveyance of that portion of the property around the restaurant until (i) Texas Roadhouse's lease (including any renewals of that lease) expires or (ii) Texas Roadhouse or its successors or assigns ceases to operate a business there. With the support of the Superintendent of Public Works and the Director of Engineering, the Board of Public Works passed a resolution finding that the area in question has no current public works purpose. In exchange for the City temporarily relinquishing its rights to the area in question, Texas Roadhouse has agreed to pay the City $33,862.58, a valuation derived from the net present value of thirty years of license fees for the area depicted on the attached map. City staff is confident that this payment adequately compensates the City for entering into the agreement. A draft agreement and map demonstrating the area of land in question is attached to the proposed resolution. RECORDING REQUESTED AND AFTER RECORDING RETURN TO: Texas Roadhouse Holdings LLC 6040 Dutchmans Lane Louisville,Kentucky 40205 Attention: Legal Department AGREEMENT REGARDING TEMPORARY SUSPENSION OF RIGHTS THIS AGREEMENT REGARDING TEMPORARY SUSPENSION OF RIGHTS (this "Agreement") is executed this day of , 2015, by and among BUFFALO- ITHACA ASSOCIATES, LLC, a New York limited liability company ("Landlord"), TEXAS ROADHOUSE HOLDINGS LLC, a Kentucky limited liability company ("Tenant"), and CITY OF ITHACA, a New York municipality("City"). RECITALS WHEREAS, Landlord is the current fee simple owner of certain property located in Ithaca,New York and as more particularly described on Exhibit "A" attached hereto and made a part hereof(the "Property") pursuant to that certain Deed recorded on April 23, 1999 in Liber 844, Page 299 of the Tompkins County,New York official records; WHEREAS,Landlord, as landlord, and Tenant, as tenant, entered into that certain Ground Lease dated August 8, 2014, as amended by that certain First Amendment to Ground Lease dated November 12, 2014, as further amended by that certain Second Amendment to Ground Lease dated June 15, 2015, as further amended by that certain Third Amendment to Ground Lease dated June 29, 2015, and as further amended by that certain Fourth Amendment to Ground Lease dated , 2015 (as the same may have been further amended,modified and/or supplemented,the "Lease") for the lease of a portion of the Property as more particularly identified on the site plan attached hereto as Exhibit "B" and made a part hereof(the"Premises"); WHEREAS, a Memorandum of Lease evidencing the Lease has been or will be recorded in the official records of Tompkins County,New York; WHEREAS, pursuant to that certain Deed dated June 12, 1951 from William R. Lanphear to Plaza Motel of Ithaca, Inc. recorded in Liber 342, Page 55, the Property is subject to a requirement that the then existing fee simple owner of the Property shall, upon request by City, convey and deed a sixteen (16) foot strip of land located on the southerly portion of the Property to City for street purposes as more particularly shown on attached Exhibit "B". For the purposes of this Agreement, the sixteen (16) foot 1 strip of land located on the Premises shall be known as the"Waiver Area"; WHEREAS, as a part of Tenant's initial construction on the Premises, Tenant intends to construct a new building containing approximately 7,163 square feet as more particularly shown on attached Exhibit"B"(the"Building"); WHEREAS, as currently designed,the southern portion of Tenant's Building will encroach upon a portion of the Waiver Area; WHEREAS, Tenant requests that City temporarily suspend City's right to require Landlord to convey the Waiver Area to City for the purposes of constructing a street until the later of(i)the expiration or earlier termination of the Lease (as the same may be extended) or (ii) the date Tenant or any of its successors or assigns cease to operate its business on the Premises (such later date hereinafter referred to as the "Suspension Expiration Date"). The period commencing on the date of this Agreement and expiring on the Suspension Expiration Date shall be known as the"Suspension Period"; WHEREAS, City is willing to suspend its right to require Landlord to convey the Suspension Area to City for the purposes of constructing a street for the Suspension Period, subject to City's receipt and Tenant's payment of a previously agreed upon amount; and WHEREAS, Landlord joins this Agreement as an intended third party beneficiary and for the purpose of consenting to the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the mutual covenants made herein and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. Recitals. The recitals set forth above are true and accurate and are hereby incorporated herein by reference. 2. Suspension. In consideration of the payment of certain agreed upon funds by Tenant to City(which amount is hereby acknowledged to have been received by City), City hereby unconditionally suspends its right to require Landlord and/or any subsequent owner of the Suspension Area to convey the Suspension Area to City for the purpose of constructing a street during the Suspension Period. Landlord hereby joins this Agreement as an intended third party and for the purpose of acknowledging and consenting to the terms and conditions of this Agreement. 3. Notice. Any and all notices required under this Agreement shall be deemed to be properly served if delivered in writing personally, or sent by certified mail with return receipt requested, or by nationally recognized overnight delivery service, pre-paid, for overnight delivery with receipt requested,to Landlord at the address set forth below or to Tenant at the address set forth below or to City at the address set forth below or to any subsequent address which any of the parties may designate in writing for such purpose. Any notice required under this Agreement shall be deemed to have been delivered and received on the date of actual receipt, or if receipt is refused, then (i) one (1) business day following deposit with such nationally recognized overnight courier, (ii) five (5) business days after deposit in the U.S. mails by certified mail, return receipt requested, and/or(iii) on the date of delivery or refusal if by hand delivery. If to Landlord: Buffalo-Ithaca Associates,LLC c/o DDR Corp. 3300 Enterprise Parkway 2 Beachwood, Ohio 44122 Attention: General Counsel If to Tenant: Texas Roadhouse Holdings LLC 6040 Dutchmans Lane Louisville,Kentucky 40205 Attention: Legal Department If to City: City of Ithaca 108 East Green Street Ithaca,New York 14850 Attention: City Attorney 4. Miscellaneous. (a) This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and can be altered, amended or modified only by written instrument executed by such parties. (b) The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective heirs, representatives, successors and assigns of the parties benefited and burdened hereby and shall remain in effect as hereinabove set forth. (c) In the event of litigation between the parties to enforce this Agreement,the prevailing party in any such action shall be entitled to recover reasonable costs and expenses of suit, including, without limitation,court costs,attorneys' fees,and discovery costs. (d) This Agreement shall be construed,interpreted,and enforced pursuant to the applicable laws of the State of New York. Each party hereby waives its rights to a jury trial of any such suit, action or proceeding. (e) This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. This Agreement shall be binding on the parties when executed and delivered by the parties to one another by facsimile and/or other electronic transmission. (f) Each provision of this Agreement is hereby declared to be independent of and severable from the remainder of this Agreement. If any provision contained herein shall be held to be invalid or to be unenforceable or not to run with the land, such holding shall not affect the validity or enforceability of the remainder of this Agreement. —Signatures Appear on Following Pages 3 IN WITNESS WHEREOF,the parties have executed and delivered this Agreement as of the date first written above. LANDLORD: BUFFALO-ITHACA ASSOCIATES,LLC, a New York limited liability company By: DDR GLH LLC, its Managing Member By: JDN QRS LLC, its Managing Member By: Name: Kenneth L. Stern Title: Senior Vice President STATE OF OHIO § COUNTY OF CUYAHOGA § Before me, the undersigned authority, on this day personally appeared Kenneth L. Stern, the Senior Vice President of JDN QRS LLC, which is the Managing Member of DDR GLH LLC, which is the Managing Member of BUFFALO-ITHACA ASSOCIATES, LLC, a New York limited liability company, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said limited liability company. Given under my hand and seal of office on this day of , 2015. Notary Public, State of Ohio Printed Name My Commission Expires: —Signatures Continue on Following Pages 4 Signatures Continued From Previous Page TENANT: TEXAS ROADHOUSE HOLDINGS LLC, a Kentucky limited liability company By: Texas Roadhouse, Inc., a Delaware corporation its Manager By: Name: Russell Arbuckle Title: Director of Real Estate COMMONWEALTH OF KENTUCKY § COUNTY OF JEFFERSON § Before me, the undersigned authority, on this day personally appeared Russell Arbuckle, the Director of Real Estate of Texas Roadhouse, Inc., a Delaware corporation, Manager of TEXAS ROADHOUSE HOLDINGS LLC, a Kentucky limited liability company, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said limited liability company. Given under my hand and seal of office on this day of ,2015. Notary Public, Commonwealth of Kentucky Printed Name My Commission Expires: —Signatures Continue on Following Pages- 5 CITY: CITY OF ITHACA, a New York municipality By: Name: Title: STATE OF NEW YORK § COUNTY OF TOMPKINS § Before me, the undersigned authority, on this day personally appeared , the of CITY OF ITHACA, a New York municipality, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said municipality. Given under my hand and seal of office on this day of , 2015. Notary Public, State of New York Printed Name My Commission Expires: 6 Exhibit"A" Legal Description of the Property ALL THAT TRACT OR PARCEL OF LAND, SITUATE AND LYING IN THE CITY OF ITHACA, COUNTY OF TOMPKINS, STATE OF NEW YORK, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE FOUND IN THE EASTERLY LINE OF SOUTH MEADOW STREET, SAID PIPE BEING LOCATED 328.50 FEET SOUTH OF THE INTERSECTION OF THE EAST LINE OF SOUTH MEADOW STREET WITH THE SOUTH LINE OF WOOD STREET; SAID IRON PIPE ALSO MARKS THE SOUTHWESTERLY CORNER OF LANDS REPUTEDLY OF THE ITHACA BOARD OF EDUCATION AND IS KNOWN AS THE"WOOD STREET PARK"; RUNNING THENCE NORTH 890 41' 00" EAST ALONG THE SOUTHERLY LINE OF THE ITHACA BOARD OF EDUCATION FOR A DISTANCE OF 460.40 FEET TO AN IRON PIN FOUND IN CONCRETE, SAID IRON PIN BEING LOCATED IN THE WESTERLY LINE OF LANDS OF THE ITHACA HOUSING AUTHORITY; THENCE SOUTH ALONG THE WESTERLY LINE OF LANDS OF THE ITHACA HOUSING AUTHORITY FOR A DISTANCE OF 373.50 FEET TO AN IRON PIN FOUND, SAID IRON PIN BEING LOCATED IN THE NORTHERLY LINE OF LANDS NOW OR FORMERLY OF CLYNES; THENCE SOUTH 890 24' 00" WEST ALONG THE NORTHERLY LINE OF LANDS NOW OR FORMERLY OF CLYNES FOR A DISTANCE OF 460.40 FEET TO AN IRON PIN FOUND IN THE EAST LINE OF SOUTH MEADOW STREET; THENCE NORTH ALONG THE EASTERLY LINE OF SOUTH MEADOW STREET FOR A DISTANCE OF 375.80 FEET TO THE POINT AND PLACE OF BEGINNING. 7 Exhibit"B" Site Plan 8 Greenberghrrow 153 Cordaville Road, Suite 210 Southborough, MA 01772 t: 508 229 0032 COPYRIGHT NOTICE This drawing is the property of the above referenced Professional and is not to be used for any purpose other than the specific project and site named herein, and cannot SOUTH MEADOW STREET ex reproduced in any manner Without the express written permission from the Professional (A.K.A. MEADOW STREET ARTERIAL S.H. 64-10) (A.K.A. NEW YORK STATE ROUTE 13) ISSUE/REVISION RECORD 12 TW��� 12 DATE DESCRIPTION O7 RIGHT OF WAY AGREEMENT TRAFFIC RIGHT OF WAY AGREEMENT 12/22/14 LANDLORD REVIEW SET LI_ (A5PHALT ROADWAY) w APPROX.�._ C-------w- -- - DER_ 8�_5,_P . _231w_-__-w-- - w-__-_w-____w_____,_____w_---_w_ _ LIBER 815, PG. 231 01/09/15 PRE—APPLICATION SET P.O.B. N.Y. STATE LINE PER DB 844, PG 299 PEE TAKING BY CITY OF ITHACA N.Y.S. D.O.T. BASELINE 03/12/15 PERMIT SET ELEC. & GAS EASMENT PER ACQUISITION MAP 102, PARCEL 131' LIBER 33 PG. 462 CI140 INSTRUMENT NO. 454966-001 11 04 21 15 REVIEW COMMENTS ' o 1+627.062(m) 1+660(m) 1+671.4(m) 1+680(m) — — — — — — — — 1+600(m A100 1935 W 1+620(m) _ t+640(m)_ — _ — 375.80' _ _ _ _ _ _ _ _ 06/15/15 COORDINATION SET 1+580(m) 1+ gym) — 1 1+677.8(m lip NEW R.O.W. LINE PER MAP 102, PACL 131 REBAR SET INN � I LIMIT OF TAKING PER — Ln �I _ _ — — — —* — �TgA7N 102, ARCEL 131 O n � REBAR SET — _ I 0 10 UJ UJ 0. I `� _ _----, -- � i I R.O.W. TAKING f-———— PER MAP No. 91, PARCEL 118 APPROX. LOC. N.Y. STATE n/ / I - ° I APPROX. LOC. 20' WIDE N.Y. STATE I ELEC. & GAS EASEMENT LL / I ELEC. & GAS EASEMENT ( LIBER 812, PG. 30 LIBER 648, PG. 781 I I 4 I I U) PROPOSED -- I I I ❑ I o I p O \ TEXAS I I I 11 I MAGNETIC O ----w— ROADHOUSE I I APPROX. LOC. 10' WIDE N.Y. STATE I d 7,1s3 SF ELEC. & GAS EASEMENT SEE�PLANS 11 LIBER 812, PG. 32 _ 1 FOR e 11 I I1 LLJ22 IUI I 'I lu T o 0 w � w '' I vLdM J r// REBA SET O I M ILLI z H Z i O (n C9 of w • • M W I UJ W 04 w N I M I I W— PROFESSIONAL SEAL N Q d l I W� W P I O (3L LID It l l I I Z� J WCV Q� L L — U W =d Z Wm � �W �J I 2 ! f� I \ LL-C o a W 11 1 _ V) Ord Q Q I ! � I ` z 0 W © LJ I 1 1 ❑gyp I W U)LLI - - - - - - I00 p - O SECTION 103 PROFESSIONAL IN CHARGE IL Of BLOCK 3 � I LOT 12 JOHN NOURZAD, P.E. I w wL L 1 N/F REPUTED OWNER PROJECT MANAGER w I LIBERC1488, P�"332 ANDRE PIMENTEL c°W APPROX. LOC. OF GAS PIPE LINE APPROX. LOC. OF GAS PIPE LINE QUALITY CONTROL EASEMENT PER LIBER 339, PG. 460 EASEMENT PER LIBER 339, PG. 460 STEPHEN POWERS, P.E. p (WOOD STREET PARK) DRAWN BY KYLE PITZ SECTION 117 BLOCK 2 LOT 1.2 PROJECT NAME N/F REPUTED OWNER ITHACA HOUSING AUTHORITY TEXAS LIBER 473, PG. 687 ROADHOUSE I SECTION 104 I ITHACA BLOCK 1 LOT 1 N/F REPUTED OWNER NEW YORK BUFFALO-ITHACA ASSOCIATES, LLC LIBER 844, PG. 299 719-725 SOUTH I I MEADOW STREET w I o I TAX MAP 104-1-1 I o l� I NI Z � I I 373.50' RON BAR W/ S00°99'35'E IN COCAFND. CAP. FND. SECTION 104 PROJECT NUMBER BLOT 2K1 I I 20100655.0 N/F REPUTED OWNER ITHACA HOUSING AUTHORITY SHEET TITLE LIBER 473, PG. 687 GRAPHIC SCALE OVERALL 30 0 15 3I 6° 120 ISITE PLAN ( IN FEET ) 1 inch = 30 ft. I SHEET NUMBER C3ml NOT ISSUED FOR CONSTRUCTION 2. City Administration, Human Resources, and Policy 2.7 Approval of a new bus service in the City WHEREAS, Section 346-31 of the City Code states that no bus shall operate, stop on or stand on any City street, nor shall such bus pick up or discharge passengers on any such City street or curb, or any other public property, or at or within 200 feet of any City bus stop in the corporate limits of the City of Ithaca, unless a permit is obtained therefor from the Common Council or its designee, and WHEREAS, the Department of Public Works has received an application from Big Red Bullet, LLC to operate a transit service between Ithaca and New York City, including stops in the City, and WHEREAS, TCAT has expressed concerns about the two proposed bus stops, namely in front of the Performing Arts Center and the East Seneca Street bus stop, and WHEREAS, TCAT and staff have recommended use of the south curbline of East Green Street, immediately east of the pedestrian signal, staff has discussed the option with the representative of Big Red Bullet, who is in agreement with this location, and WHEREAS, the applicant and staff have not yet found an acceptable alternate location in Collegetown,but are both willing to continue working on a possible location, now therefore be it RESOLVED, That Common Council approves of the use of the East Green Street location and the related proposed City streets, and be it further RESOLVED, That Common Council delegate the authority to approve a second location for passenger pick up and discharge to the Board of Public Works, should the applicant and staff find an acceptable alternate location in Collegetown, after consultation with TCAT. 3. Finance, Budget, and Appropriations 3.1 Local Law Entitled"Confirmation of the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2016" Local Law No. -2015 A local law entitled"Confirmation of the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2016" WHEREAS Section C-73 of the City Charter creates five Sidewalk Improvement Districts (each a"SID") for the construction and repair of sidewalk, and provides for an assessment against each property located in each SID for the benefits received by the property from said construction and repair, and WHEREAS the Board of Public Works has recommended a budget, schedule of work, and schedule of assessments for Fiscal Year 2016, subject to review, amendment, and confirmation by the Common Council, and WHEREAS Section C-73 provides that Council shall amend as appropriate and confirm the SID assessments, budget, and schedule of work after a public hearing, and WHEREAS the appropriate public hearing has been held, and Council has given due consideration to the comments made, if any, NOW, THEREFORE BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose. Pursuant to Municipal Home Rule Law Section 10(l)(ii)(c)(3)the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements. The Common Council has reviewed the assessments, budget, and schedule of work recommended by the Board of Public Works for Fiscal Year 2016, and makes the following findings of fact: A. The public hearing prior to confirmation required by Section C-73 has been held, and all owners of property subject to a SID assessment appearing to speak before Council have had an opportunity to do so. B. The attached schedule of work, as recommended by BPW and previously subject to review by Council, constitutes a set of local improvements, the cost of which should be assessed against the properties located in the SID in which the work is to be performed. C. The attached budget, and the related assessments reflected on the assessment roll kept on file with the City Clerk, are necessary to defray the cost of construction and maintenance of sidewalk in the City, and Council has made a legislative J:\DRedsicker\AGENDAS\City Admin Comm\2015\8-19-Agenda.docx 8/19/15 judgment that each property in each SID is being assessed in proportion to the benefit received by that property from the sidewalk construction and repair contained in the schedule of work. Section 2. Confirmation of the Assessments, Schedule of Work, and Budget. The Common Council approves and confirms the assessment roll, a copy of which is maintained in the City Clerk's office, and the budget and schedule of work attached hereto, and imposes a lien upon each property so assessed as set forth in the assessment roll. In the event there are additional funds available following completion of the schedule of work, or changes to the work plan are required for financial, engineering, or other reasons, the Superintendent of Public Works or his or her designee may alter the schedule of work in his or her discretion, as instructed by the Board of Public Works from time to time; provided, however, that if such actions affect ten percent or more of any Sidewalk Improvement District's annual levy, such actions must be approved by resolution of the Board of Public Works. Section 3. Severability Clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause,phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Local Law. Section 4. Effective and Operative Date. This Local Law shall be effective immediately after filing in the office of the Secretary of State. J:\DRedsicker\AGENDAS\City Admin Comm\2015\8-19-Agenda.docx 8/19/15 CITY OF ITHACA 108 Fast Green Street, Suite 202 Ithaca, New York 14850-5690 ffil�'f4h OFFICE OF'r1iE CHY ENGINEER �TEp Telephone: 607/274-6530 Fax: 607/274-6587 To: City Administration Committee From: Eric Hathaway, Sidewalk Program Manager; Date: August 11,2015 Re: 2016 Sidewalk Improvement District Work Plan and Budget Attached for your review are the draft 2016 Sidewalk Improvement District (SID) work plan and budget. A link to the 2016 assessment role is also provided here, as the document is too large to attach (www.citvofithaca.org/2016SIDPlan). These materials were approved by the Board of Public works at their August 10, 2015 meeting. The 2016 Work Plan budget was created based on the aforementioned assessment role and reflects all credits for past work that were received before the May 1, 2015 application deadline. The costs for each sidewalk project are estimates based on anticipated quantities of work, as well as unit prices from past sidewalk contracts. Final quantities of work performed will be dictated by bid prices received and field conditions, which could increase or decrease the amount of work completed in the 2016 work plan. It is possible that issues unknown at this time might arise that will prevent some of these construction projects from moving forward during the 2016 construction season. Conflicts with other construction projects might necessitate cancelation or postponement of planned sidewalk work. Ongoing design efforts might identify construction barriers that will impact costs or make some projects technically infeasible. The Osmun Place (SID 3) and East Spencer Street (SID 4) projects included in the attached work plan are being considered for capital project funding in 2016, as both sidewalk projects require retaining wall improvements. The cost estimates included in the attached work plan account only for the sidewalk work and not the required structural improvements. In the event that the capital projects are not funded in 2016, consideration must be given to financing this work through the sidewalk program or postponing the work. The estimated cost of the Osmun Place project is approximately $450,000, or 1 "An Equal Opportunity Employer with a commitment to workforce diversification." «s August 11, 2015 roughly 2 years of the SID 3 construction budget. The estimated cost of the East Spencer Street work is approximately $230,000, or roughly 2 years of the SID 4 construction budget. SID 4 is currently financing $150,000 of costs for the sidewalk work along Old Elmira Road over the next 15 years. I would like to discuss the following options with you: • Apply for capital funding again in 2017 and postpone the sidewalk improvements • Finance one or both projects, similar to the Old Elmira Road sidewalk improvements • Use the entire sidewalk program construction budget for these projects over a roughly 2 year period To proactively address any of the above potential construction issues and cost uncertainty, attached is a contingency list of construction projects in each sidewalk district. These projects could replace locations in the work plan, if needed, or add to the project list if additional budget is available based on bid prices. 2 Proposed 2016 SID budgets District 1 2 3 4 5 TOTAL Expected SID Levy $ 161,748.13 $ 153,919.21 $ 272,887.27 $ 168,335.07 $ 117,779.51 $ 874,669 Work Credit(Estimated) $ 2,905.95 $ 4,861.47 $ 3,048.57 $ 2,432.29 $ 70.00 $ 13,318 Admin $ 16,364 $ 15,572 $ 27,608 $ 17,030 $ 11,916 $ 88,489 Insurance $ 4,623 $ 4,399 $ 7,800 $ 4,811 $ 3,366 $ 25,000 Subtotal-funding available $ 137,855 $ 129,087 $ 234,431 $ 144,061 $ 102,428 $ 747,862 Capital Projects $ - $ 5,500 $ 5,500 Balance for 2016 work plan $ 137,855 $ 129,087 $ 234,431 $ 138,561 $ 102,428 $ 742,362 Construction $ 121,750 $ 100,500 $ 206,125 $ 122,150 $ 82,225 $ 632,750 of Balance 88% 78% 88% 88% 80% Design $ - $ 7,000 $ - $ - $ 10,000 $ 17,000 % of Balance 0% 5% 0% 0% 10% Construction Inspection $ 13,854 $ 12,416 $ 23,410 $ 14,191 $ 9,767 $ 73,638 10% 10% 10% 10% 10% Miscellaneouus $ 2,251 $ 9,171 $ 4,897 $ 2,221 $ 436 $ 18,974 Maintenance/Const/Design 2% 7% 2% 2% 0% 2016 PROPOSED Sidewalk Work Plan and Budget District One Construction Appr Length of sidewalk (linear City Block Side of Street feet) Estimated SF cost Cost 200 W Lincoln St north 100 $ 20 $ 10,000 300 W Lincoln St north 250 $ 20 $ 25,000 400 E Lincoln St north 450 $ 17 $ 38,250 100 Thurston Ave north 150 $ 25 $ 18,750 100 W Falls St north 150 $ 17 $ 12,750 400 N Aurora east 200 $ 17 $ 17,000 SUBTOTAL 1,300 $ 121,750 Design projects Construction Design $ - 0 SUBTOTAL for DESIGN $ - TOTAL $ 121,750 2016 PROPOSED Sidewalk Work Plan and Budget District Two Construction Appr Length of sidewalk (linear City Block Side of Street feet) Estimated SF cost Cost 200 Oak Ave south 300 $ 25 $ 37,500 300 Oak Ave south 375 $ 20 $ 37,500 100/200 Stewart Ave east 50 $ 17 $ 4,250 200 N Quarry Street west 200 $ 17 $ 17,000 300 College Ave east 50 $ 17 $ 4,250 Subtotal 975 $ 100,500 Design projects Construction Design 300 Dryden Road Bryant Ramps NA NA $ 20,000 7,000 SUBTOTAL for DESIGN 7,000 TOTAL $ 107,500 2016 PROPOSED Sidewalk Work Plan and Budget District Three Construction Appr Length of sidewalk(linear City Block Side of Street feet) Estimated SF cost Cost 100 N Plain St West 225 $ 17 $ 19,125 200 S Albany St West 250 $ 17 $ 21,250 500 E Buffalo St North 450 $ 17 $ 38,250 100 Third St East 300 $ 17 $ 25,500 500 N Plain St West 250 $ 17 $ 21,250 100 Center Street North 125 $ 17 $ 10,625 600 E Seneca North 75 $ 17 $ 6,375 100 E Buffalo St South 150 $ 17 $ 12,750 200 N Albany St East 100 $ 17 $ 8,500 300 Park P1 West and East 125 $ 17 $ 10,625 100 N Corn St West 100 $ 17 $ 8,500 300 Monroe St North 75 $ 17 $ 6,375 100 Osmun PI South 200 $ 17 $ 17,000 SUBTOTAL for CONSTRUCTION 2,425 $ 206,125 Design projects Construction Design SUBTOTAL for DESIGN $ - TOTAL $ 206,125 NOTE: 2016 PROPOSED Sidewalk Work Plan and Budget District Four Construction Appr Length of sidewalk (linear City Block Side of Street feet) Estimated SF cost Cost 700 Hudson St east 200 $ 25 $ 25,000 100 E Spencer north or south 300 $ 25 $ 37,500 600 Aurora east 450 $ 25 $ 56,250 300 Elmira Road west 40 $ 17 $ 3,400 SUBTOTAL 990 $ 122,150 Design projects Construction Design SUBTOTAL $ - TOTAL $ 122,150 NOTE: District Four would also borrow for installing sidewalks on both sides of Old Elmira Road 2016 estimated bonding cost is$5,500 2016 PROPOSED Sidewalk Work Plan and Budget District Five Construction Appr Length of sidewalk(linear City Block Side of Street feet) Estimated SF cost Cost 300 Elm St south 875 $ 17 $ 74,375 Chestnut/Elm Intersecton Ramp NA NA $ 7,000 600 W State Street north 10 $ 17 $ 850 SUBTOTAL 885 $ 82,225 Design projects Construction Design Chestnut/Elm Intersection Ramps NA NA $ 50,000 10,000.00 SUBTOTAL $ - TOTAL $ 92,225 2016 Contingency Sidewalk Work Plan and Budget District One Construction Appr Length of sidewalk (linear City Block Side of Street feet) Estimated SF cost Cost 100 Linn St west 250 $ 17 $ 21,250 100 Linn St east 150 $ 17 $ 12,750 SUBTOTAL 400 $ 34,000 Design projects Construction Design $ - 0 SUBTOTAL for DESIGN $ - TOTAL $ 34,000 eah 2016 Contingency Sidewalk Work Plan and Budget District Two Construction Appr Length of sidewalk (linear City Block Side of Street feet) Estimated SF cost Cost 200 Dryden Road north 200 $ 17 $ 17,000 600 E Buffalo St north 150 $ 17 $ 12,750 Subtotal 350 $ 29,750 Design projects Construction Design SUBTOTAL for DESIGN 0 TOTAL $ 29,750 eah 2016 Contingency Sidewalk Work Plan and Budget District Three Construction Appr Length of sidewalk (linear City Block Side of Street feet) Estimated SF cost Cost 200 S Geneva St. east 350 $ 17 $ 29,750 NA Dewitt Park na 300 $ 17 $ 25,500 SUBTOTAL for CONSTRUCTION 650 $ 55,250 Design projects Construction Design SUBTOTAL for DESIGN $ - TOTAL $ 55,250 NOTE: eah 2016 Contingency Sidewalk Work Plan and Budget District Four Construction Appr Length of sidewalk (linear City Block Side of Street feet) Estimated SF cost Cost 100 Columbia St. north 250 $ 17 $ 21,250 300 Pleasant St. north 100 $ 17 $ 8,500 SUBTOTAL 350 $ 29,750 Design projects Construction Design SUBTOTAL $ - TOTAL $ 29,750 NOTE: District Four would also borrow for installing sidewalks on both sides of Old Elmira Road 2015 estimated bonding cost is$5,500 eah 2016 Contingency Sidewalk Work Plan and Budget District Five Construction Appr Length of sidewalk(linear City Block Side of Street feet) Estimated SF cost Cost 300 Hook PI south 900 $ 17 $ 76,500 SUBTOTAL 900 $ 76,500 Design projects Construction Design SUBTOTAL $ - TOTAL $ 76,500 3. Finance, Budget, and Appropriations 3.2 Planning, Building,Zoning, & Economic Development—Request to Amend the 2015 Department Budget WHEREAS, the City, on behalf of the lst Street Mosaic Project, was awarded a grant through the Community Arts Partnership's Grants for Arts Program to fund the second phase of the mosaic installation at the Water& Sewer Division on First Street, and WHEREAS, the grant funds will be used for community events and supplies; now, therefore, be it RESOLVED,that Common Council hereby accepts the Grants for Arts Program from the Community Arts Partnership in the amount of$1,200 and amends the 2015 Department of Planning, Building, Zoning, & Economic Development authorized budget as follows: Increase Revenue Account: A8020-3989 Planning State Aid $1,200 Home & Community Increase Appropriations Account: A8020-5435 Planning Contracts $1,200 J:\DRedsicker\AGENDAS\City Admin Comm\2015\8-19-Agenda.docx 8/19/15 CITY OF ITHACA 108 East Green Street—3rd Floor Ithaca,New York 14850-5690 zDEPARTMENT OF PLANNING,BUILDING,ZONING& ECONOMIC DEVELOPMENT U° Division of Planning& Economic Development <�% JOANN CORNISH,DIRECTOR OF PLANNING&DEVELOPMENT '�►'ORIITEp L PHYLLISA A. DeSARNO,DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning&Development—607-274-6550 Community DevelopmentllURA—607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 TO: City Administration FROM: Megan Wilson, Senior Planner DATE: August 6, 2015 RE: 1st Street Mosaic Project Grant Award The City, on behalf of the 1st Street Mosaic Project, applied for grant funding through the Community Arts Partnership's Grants for Arts Program and was awarded $1,200 to support the second phase of the mosaic installation. The 1st Street Mosaic Project is led by a group of dedicated volunteers who have engaged the local community in the multi-phase mosaic tile mural installation at the Water & Sewer Division on First Street. The project relies primarily on donations and volunteers, and the first two phases of the installation have been completed through public workshops and community build-style events. The grant funding will be used to purchase additional supplies and support community involvement in the project. Acceptance of this grant does not require a match or other financial commitment from the City. Due to the requirements of the grant program, the City is acting as an intermediary, and the funding will ultimately be dispersed to the 1st Street Mosaic Project. If you have any questions,please contact me at(607) 274-6560 or mwilsonkcityofithaca.org.