HomeMy WebLinkAbout10-03-12 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, October 3,
2012, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green
Street, Ithaca, New York. Your attendance is requested.
AGENDA
PLEDGE OF ALLEGIANCE:
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
3. PROCLAMATIONS /AWARDS:
4. SPECIAL ORDER OF BUSINESS:
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
7. PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR:
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 City Administration Committee - A Resolution to Authorize Funding for a New
School Speed -Limit Zone on North Cayuga Street
8.2 Finance /Controller's Office - Request to Approve Civil Service Agreement for the
Year 2012 -2013 - Resolution
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Resolution to Select Artwork for a Mural within the Green Street Parking Garage
9.2 Amendment to the Cayuga Green Purchase and Sale Agreement Timeline —
Resolution
9.3 Neighborhood Housing Initiative Changes — Conversion to Financial Assistance
Program - Resolution
9.4 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 178 entitled
"Exterior Property Maintenance ", Section 178 -10 regarding "Enforcement"
9.5 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 258 entitled
"Rental Housing ", Section 258 -6 entitled "Return of Security Deposit by
Landlord to Tenant"
10. GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE:
No items were submitted for the agenda
Common Council Agenda
October 3, 2012
Page 2
11. CITY ADMINISTRATION COMMITTEE:
11.1 Department of Public Works - A Resolution to Authorize the Submission of Safe
Routes to School Program Application
11.2 Police Department - Request to amend 2012 Authorized Budget for Grant
11.3 City Controller's Report - Mayor Myrick - Presentation of Proposed 2013 City of
Ithaca Budget
12. REPORTS OF SPECIAL COMMITTEES:
13. NEW BUSINESS:
14. INDIVIDUAL MEMBER — FILED RESOLUTIONS:
15. MAYOR'S APPOINTMENTS:
15.1 Appointment of Part-Time City Court Judge — Resolution
15.2 Appointment to Board of Zoning Appeals - Resolution
15.3 Reappointments to Commons Advisory Board — Resolution
15.4 Reappointment to Ithaca Housing Authority Board — Resolution
15.5 Reappointments to Workforce Diversity Advisory Committee - Resolution
16. REPORTS OF COMMON COUNCIL LIAISONS:
17. REPORT OF CITY CLERK:
18. REPORT OF CITY ATTORNEY:
19. MINUTES FROM PREVIOUS MEETINGS:
19.1 Approval of the September 5, 2012 Common Council Meeting Minutes —
Resolution
19.2 Approval of the September 19, 2012 Special Common Council Meeting Minutes -
Resolution
20. ADJOURNMENT:
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 Clerk at 274 -6570 at least 48
hours before the meeting.
L
lie Conley Holco b, CMC
City Clerk
Date: September 27, 2012
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 A Resolution to Authorize Funding for a New School Speed -Limit Zone on
North Cayuga Street
WHEREAS, on September 10, 2012, the Board of Public Works approved a new school
speed -limit zone on North Cayuga Street next to the Ithaca High School, and
WHEREAS, the Transportation Engineer has estimated the cost of the new signs
required for the school speed -limit zone to be approximately $2,000, and
WHEREAS, funding for these signs was not included in the 2012 budget for the
Department of Public Works; now, therefore be it
RESOLVED, That Common Council does hereby approve the transfer of an amount not
to exceed $2,000 from Account A1990 Unrestricted Contingency to Account A3311-
5482 Traffic Control Signs and Blanks for the purpose of funding the new school speed
limit signs.
8.2 Finance /Controller's Office - Request to Approve Civil Service Agreement
for the Year 2012 -2013 - Resolution
RESOLVED, That the Mayor and City Controller be authorized and directed to execute
an agreement between the City of Ithaca and the Ithaca City School District for
performance by the City for services in connection with Civil Service matters, for the
period July 1, 2012, to June 30, 2013, in an amount of $57,911, payable to the City of
Ithaca on or before November 1, 2012.
BACK -UP ITEM 8.2
AGREEMENT
THIS AGREEMENT made the day of , 2012, by and between the CITY OF
ITHACA, a municipal corporation of the State of New York, hereinafter referred to as the
"City ", party of the first part, and CITY SCHOOL DISTRICT, CITY OF ITHACA, a
municipal corporation of the State of New York, hereinafter referred to as the "School
District ", party of the second part.
WITNESSETH:
WHEREAS, the Board of Education of the School District desires to enter into a
contract with the City for the performance by the City of certain services, to avoid
duplication and unnecessary expense, particularly services in connection with Civil
Service matters on behalf of the School District, pursuant to Section 2503,
subparagraph 16, of the New York Education Law, and
WHEREAS, the total number of classified Civil Service employees on the
payrolls of the City and the City School District for the final payroll period in December
2011 was 899, and
WHEREAS, the actual annual expenditures for the Civil Service Commission of
the City of Ithaca for the 2011 fiscal year of the City was $106,689;
NOW, THEREFORE, the parties hereto agree as follows:
1. That for the services rendered and to be rendered by the City for the
School District during the School District fiscal year, which is July 1, 2012,
through June 30, 2013, the School District shall pay to the City a lump
sum of $ 57,911, payable on or before November 1, 2012.
2. In consideration of such payment, the City agrees:
(a) to furnish the School District the part-time services of the Civil
Service Commission of the City of Ithaca and the members of its
staff, and the City Clerk and the members of her staff; and
(b) to handle the records and perform any other necessary Civil
Service services relating to Board of Education employees in the
classified service, including examinations and tests when required.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their
respective duly authorized officers as of the day and year first above written.
ATTEST:
City Clerk
ATTEST:
School District Clerk
CITY OF ITHACA, NEW YORK
By:
Mayor
CITY SCHOOL DISTRICT
CITY OF ITHACA, NEW YORK
By:
Assistant Superintendent of Business Services
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Resolution to Select Artwork for a Mural within the Green Street Parking
Garage
WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to,
among other duties, review and advise the Common Council on proposals for the
exhibition and display of public art in the City's public spaces, and
WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank
walls within the city while providing local artists from all sections of the community an
opportunity to showcase their work, and
WHEREAS, the Board of Public Works approved several locations for future murals and
street art, including walls in the City garages on Green Street and Seneca Street, by
resolution on May 19, 2010, and
WHEREAS, local artist Sean Chilson submitted his proposal for a mural titled "Love
Conquers All" as part of the PAC's Mural and Street Art Program, and
WHEREAS, the PAC unanimously approved Mr. Chilson's mural proposal at its meeting
on August 9, 2012 and, upon review of the potential mural sites pre- approved by the
Board of Public Works, selected the concrete block wall facing the surface -level parking
lot of the Green Street Garage as the location for the proposed mural, and
WHEREAS, the PAC held a public comment period on the proposed mural design and
recommended location at its special meeting on September 6, 2012 to gather input on
the proposed installation, and
WHEREAS, the Public Art Commission recommends that the Common Council select
the "Love Conquers All" mural proposal submitted by Sean Chilson to be installed on
the concrete block wall facing the surface -level parking lot of the Green Street Garage;
now, therefore, be it
RESOLVED, That the City of Ithaca Common Council selects the mural "Love Conquers
All" by Sean Chilson to be installed within the Green Street Parking Garage and to be
added to the City of Ithaca's public art collection; and be it further
RESOLVED, That the selected artist may proceed with the installation of his mural on
the concrete block wall facing the surface -level parking lot of the Green Street Garage
upon the execution of an agreement with the City (as reviewed by the City Attorney).
9.2 Amendment to the Cayuga Green Purchase and Sale Agreement Timeline
(Cayuga Green Project, Approval of 4th Amendment to the Purchase and Sale Contract
for Parcel 'D')
WHEREAS, on June 27, 2012, Cayuga Green II, LLC submitted a request for a 6 -month
extension of the purchase and sale contract (Sales Contract) between the Ithaca Urban
Renewal Agency (IURA) and Cayuga Green II, LLC for purchase of Parcel 'D' (tax map parcel
#81. -2 -4) of the Cayuga Green project, and
WHEREAS, Parcel 'D' is an approximately' /2 acre, triangular- shaped parcel located between
the Cayuga Garage and the Six Mile Creek Walk, and
WHEREAS, the Sales Contract agrees to a sales price of $270,000 and obligates the purchaser
to undertake a project "anticipated to consist of construction of no less than 30 rental and /or for -
sale housing units located adjacent to the Cayuga Garage or such other uses approved by
Seller and the Common Council of the City of Ithaca ", and
WHEREAS, to enforce the future land use obligation, the Contract requires the purchaser to
satisfy the following seller contingencies prior to June 30, 2012 as a condition of conveyance of
the property:
1. Submit proof of final site development plan approval for a project
containing at least 30 housing units;
2. Submit proof of issuance of a building permit for the project;
3. Submit proof that all project financing has been secured to complete the
project, and
WHEREAS, the purchaser did not satisfy all of the above - listed seller contingencies by June 30,
2012, and
WHEREAS, the purchaser has submitted revised project plans to the City of Ithaca Planning &
Development Board and indicated they have received an acceptable loan proposal to finance
the project from a regional lending source, and
WHEREAS, the purchaser has revised the project to eliminate a ground floor commercial use,
reduce the building footprint to provide a required 10 -foot rear yard along the Six Mile Creek
Walk, and now proposed construction of a 39 -unit, loft- style, residential rental project, including
1- bedroom, 2- bedroom and 3- bedroom units, and
WHEREAS, on August 28, 2012, the City of Ithaca Planning & Development Board granted
modified site plan approval for the project, and
WHEREAS, the purchaser indicated they have invested almost $200,000 in project
predevelopment costs to date, and
WHEREAS, each request to extend the Sales Contract results in a delay to realize anticipated
public benefits of the project, including revenues from permit fees, property taxes, and parking
fees, and requires staff and legal resources to administer, and
WHEREAS, Cayuga Green II, LLC, seeks no property tax abatements for this market -rate
project, and
WHEREAS, under §507 of Article 15 of General Municipal Law, the IURA's proposed
disposition of real property requires Common Council approval following a public hearing, and
WHEREAS, contingent upon Common Council approval, the IURA approved a 4th amendment
to the Sales Contract subject to the following terms and conditions:
1. The purchaser's deadline to satisfy seller contingencies to secure final site
plan approval, project financing and issuance of a building permit is
extended to December 31, 2012, and
2. Inclusion of a requirement for payment of a $20,000 non - refundable
deposit toward the purchase price and /or City of Ithaca building permit
fees be paid upon signing the amendment, which shall be retained by the
seller in the event seller contingencies are not satisfied by December 31,
2012, and
WHEREAS, a public hearing on the proposed amendment to the Purchase and Sale Contract
was held on September 12, 2012, and
WHEREAS, the City wishes to facilitate the construction of additional housing units in downtown
Ithaca that will expand the range of housing opportunities and increase the property tax base,
and
WHEREAS, a negative declaration was issued for an earlier 7 -story version of the project
pursuant to the City Environmental Quality Review Ordinance, and
WHEREAS, the revised 4 -story project and the action of approving the proposed 4th
amendment to the Sales Contract is no less protective of the environment than the previously
approved project, therefore no additional environmental review is required; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby approves a 4th amendment to the
Purchase and Sale Contract with Cayuga Green II LLC for Parcel 'D' (tax map parcel # 81. -2 -4)
subject to the following terms and conditions:
1. The purchaser's deadline to satisfy seller contingencies to secure final site
plan approval, project financing and issuance of a building permit is
extended to December 31, 2012, and
2. Inclusion of a requirement for payment of a $20,000 non - refundable
deposit toward the purchase price and /or City of Ithaca building permit
fees be paid upon signing the amendment, which shall be retained by the
seller in the event seller contingencies are not satisfied by December 31,
2012.
9.3 Neighborhood Housing Initiative Changes — Conversion to Financial
Assistance Program - Resolution
WHEREAS, in 2002, the Common Council of the City of Ithaca and the Ithaca Urban
Renewal Agency adopted the Neighborhood Housing Initiative (NHI) program, and
authorized up to $2 million in bonding authority to finance the program, and
WHEREAS, the goal of the NHI program is to improve neighborhood stability by
converting substandard rental residential properties blighting a neighborhood into
renovated owner - occupied homes, and
WHEREAS, the objectives of the program include eliminating blighting conditions;
increasing the number and percentage of homeowners in the City; converting rental
properties to owner - occupancy status; and stimulating private sector investment in
neighborhoods, and
WHEREAS, the NHI program operates by (1) acquiring blighting properties; (2)
rehabilitating the building for home ownership, or demolition with new construction if
rehabilitation is not feasible; (3) sale of the property at a fair market price to an owner -
occupant with a deed restriction requiring owner - occupancy for 25 years, and
WHEREAS, the Ithaca Urban Renewal Agency (IURA) administers the program on
behalf of the City, and
WHEREAS, $1,050,000 of bond funding has been issued to complete six homes at an
average subsidy of approximately $70,000 per property, and
WHEREAS, approximately $600,000 in NHI bond proceeds are on account from sale of
rehabilitated homes, and
WHEREAS, the Homeownership Investment Committee (HIC) was established to
oversee and implement the NHI program to acquire properties, rehabilitate and sell
homes, and
WHEREAS, in 2011 the HIC concluded that the program as configured was no longer
meeting the cost objectives of the program to rehabilitate and sell 17 -23 homes per $1
million of bonding at an average subsidy of approximately $50,000 per property. The
HIC raised concerns about:
• the significantly higher acquisition costs due to a stronger housing market;
• high rehabilitation costs resulting in higher subsidies;
• the lack of incentives for the contractor to complete projects in a timely fashion;
• high holding expenses caused by holding ownership of the property for extended
periods of time during the design, permitting, rehabilitation, and resale phases of
the project, and
WHEREAS, the IURA finds that there is still a need to convert vacant and substandard
rental housing to owner - occupied housing, particularly for affordable home ownership,
and recommends reforming the NHI program in a two -stage process:
Stage 1 - Change Method of Program Deliver r
Convert the program to a financial subsidy program open to application from housing
developers to seek gap funding in an amount necessary to acquire and
rehabilitate /replace blighting substandard non - owner - occupied housing and sell them at
fair market value to homebuyers with a 25 -year owner - occupancy deed restriction.
Stage 2 — Change Objective to Create Affordable Homeownership
Modify the objective of the program to create affordable homeownership opportunities
through either rehabilitation of substandard non - owner - occupied housing or through
new construction of compatible homes on existing vacant lots, and
WHEREAS, implementing the stage 2 reform will require bond counsel review and
issuance of an authorizing opinion that has not been completed to date, but stage 1
reform only changes the delivery methodology of the existing authorized program, and
WHEREAS, a housing developer has proposed an NHI - eligible homeownership project
to the IURA; now, therefore, be it
RESOLVED, That the Common Council hereby concurs with the IURA to modify the
method of delivering the Neighborhood Housing Initiative (NHI) program and hereby
authorizes the IURA to undertake the stage 1 reform of the NHI program to make
available existing NHI bond proceeds to provide gap funding to housing developers to
implement the NHI program for rehabilitation /replacement of blighted, substandard, non -
owner- occupied housing and sale to homebuyers with a 25 -year owner - occupancy deed
restriction.
9.4 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 178
entitled "Exterior Property Maintenance ", Section 178 -10 regarding
"Enforcement"
Ordinance 2012-
BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows:
Section 1. Chapter 178, Section 178 -10, entitled "Enforcement," is hereby amended to
read as follows:
A. Civil penalties.
(1) Any property owner and /or agent who violates any provision of this chapter or of §
325 -29.3, except those provisions specified in Subsection A (2) below, shall be liable for
a civil penalty of [$50] 25 for the first violation at a property within a [twelve] six -month
period, [$200] 50 for a second violation at the same property within a [twelve] six -
month period, [and $300] 200 for a third violation at the same property within a six -
month period, and $300 for a fourth or subsequent violation at the same property
within a [twelve] six -month period. For any fine not paid within six months of the
date of the offense, there shall be a late penalty in the amount of 20% of the fine
added to the amount due, such late penalty waiveable for good cause shown.
(2) Any property owner and /or agent who violates any provision of § 178 -3E, G, I or J,
or any of the provisions in § 178 -3F regarding grass, weeds, brush, plantings, or
obstruction of views, shall be liable for a civil penalty of $40 for the first violation at a
property within a twelve -month period, $60 for a second violation at the same property
within a twelve -month period, and $100 for a third or subsequent violation at the same
property within a twelve month period.
(3) Each violation of this chapter or of § 325 -29.3, and each day during which a violation
continues, shall be deemed to be a separate violation.
(4) The City Attorney or his or her designee may commence an action or special
proceeding against the violator in a court of competent jurisdiction to collect these
penalties, together with costs, disbursements and recoverable attorneys' fees, and /or to
compel compliance with or restrain by injunction any such violation.
(5) When the City Attorney obtains a judgment in an action or proceeding under this
section either against the property owner or agent, or both, in addition to the appropriate
methods for enforcement of judgments established in the Civil Practice Law and Rules,
such judgment for penalties may constitute a lien, be a lien on the subject property and
on the rents therefrom, or may be collected in the manner of any other civil judgment.
(6) In the event a defendant property owner does not answer a ticket within six
months of the court date specified on the summons, the court having jurisdiction
shall enter default plea of guilty on behalf of the defendant property owner and
render a default civil judgment of the fine specified in this section. Upon motion
by the defendant property owner with good cause for the default shown and a
meritorious defense asserted, the court shall vacate the default plea of guilty.
Mailing the summons to an address other than the one specified in the building
department file shall also be grounds to vacate the default plea of guilty.
B. Appearance tickets and appeals. Notwithstanding any contrary Code provision,
appearance tickets may be issued by the Building Commissioner and /or
Commissioner's designee(s) charging violations of this chapter or of § 325 -29.3
whenever there is probable cause to believe that said violations have occurred. Any
rights to administrative appeals to any board or commission of the City of Ithaca
mentioned elsewhere in this Code shall not apply as a condition precedent to issuing an
appearance ticket charging a violation of this chapter or of § 325 -29.3. Any right to an
administrative appeal from a decision or determination of the Building Commissioner or
other City official with regard to the above Code chapter and section shall apply only in
cases in which the City intends to correct the violation and seek to charge the property
owner or agent for the costs of correction.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 3. Effective date. This ordinance shall take effect immediately and in
accordance with law, upon publication of notice as provided in the Ithaca City Charter.
9.5 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 258
entitled "Rental Housing ", Section 258 -6 entitled "Return of Security Deposit by
Landlord to Tenant"
Ordinance 2012-
BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows:
Section 1. Chapter 258, Section 258 -6, entitled "Return of security deposit by landlord
to tenant" is hereby amended to read as follows:
A. .....
B. [Nothing in this section shall be construed to imply other than it is the landlord's
responsibility to return the tenant's security deposit or balance as soon as reasonably
possible.] If there is a provision in a rental agreement that a tenant is responsible
to reimburse or apply from a security deposit any amounts due from tickets
written pursuant to Chapter 178 of this code for the property or residential unit
being rented, it shall be the landlord's responsibility to give the tenant notice of
that ticket in a timely fashion as a condition to enforce that provision, and in
order to help the tenant correct and prevent the condition for which the ticket was
issued. Timely notice shall be no later than three weeks from the date the ticket is
sent from the court to the landlord. Failure to provide such notice shall serve as
the landlord's waiver of reimbursement or application of security deposit for any
ticket for which notice was not given.
C. Nothing in the section shall be construed to imply other than it is the
landlord's responsibility to return the tenant's security deposit or balance as
soon as reasonably possible.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 3. Effective date. This ordinance shall take effect immediately and in
accordance with law, upon publication of notice as provided in the Ithaca City Charter.
11. CITY ADMINISTRATION COMMITTEE:
11.1 Department of Public Works -A Resolution to Authorize the Submission of
Safe Routes to School Program Application
WHEREAS, The Safe Routes to School (SRTS) Program was created in 2005 on
passage of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA -LU), now in its second round of funding, and
WHEREAS, the New York State Department of Transportation, which is administering
the program in the state, has called for applications to be due on October 5, 2012, and
WHEREAS, staff from the Office of the City Engineer have worked with Ithaca City
School District (ICSD) officials to jointly develop an application for the SRTS program
wherein the City and the ICSD will share the responsibility for implementing various
aspects of the project; which includes building traffic - calming devices, school -zone
upgrades, and educational activities, and
WHEREAS, three ICSD schools - Beverly J. Martin Elementary School, Fall Creek
Elementary School, and Boynton Middle School - will be participating in this project, and
WHEREAS, Common Council supports this initiative and wishes to submit this
application, now therefore be it
RESOLVED, That Common Council authorizes the Mayor of the City of Ithaca to sign a
Memorandum of Understanding with the Ithaca City School District, which has been
reviewed by the City Attorney's Office to work with ICSD on the Safe Routes to School
Program, and be it further
RESOLVED, That Common Council authorizes the Mayor to sign and submit a grant
application for the Safe Routes to School program in an amount not to exceed
$300,000, and be it further
RESOLVED, That Common Council also authorizes the submission of this application
with the understanding that, though the City of Ithaca will provide funding in the first
instance, 100% of eligible costs (which will not include in -kind staff administration
expenses) will be reimbursed by federal funds.
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850 -5690
OFFICE OF THE CITY ENGINEER
Telephone: 607/274 -6530 Fax: 607/274 -6587 Back Up 11.1
TO: Common Council
FROM: Kent Johnson, Junior Transportation Engineer
September 27, 2012
RE: Resolution in support of joint City of Ithaca / Ithaca City School District
Safe Routes to School grant application
The City of Ithaca and the Ithaca City School District (ICSD) have been working
together over the previous months to develop an application to submit to NYSDOT
seeking funding through the federal Safe Routes to School program. Three ICSD
schools (BJM Elementary School, Fall Creek Elementary School, and Boynton Middle
School) will be participating in this effort.
Our application proposes three types of improvements designed to address our
local challenges, and to meet state and federal program goals. The three topics areas
are: creation of a traffic - calmed route network to connect neighborhoods to the schools,
upgrades to school zone signs, and educational activities for students. The estimated
total cost for the infrastructure and programming activities is $297,950; which is 100%
reimbursable (except for in -kind staff administrative costs).
To apply for the funding, both the City and the ICSD need to provide resolutions
of support.
6a& op aK, I � -I
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF ITHACA, AND THE ITHACA CITY SCHOOL DISTRICT WITH REGARD TO
A SAFE ROUTES TO SCHOOL GRANT APPLICATION
WHEREAS, the signatories of this Memorandum of Understanding wish to jointly submit an application
to seek federal Safe Routes to School funding as well as to jointly administer various elements detailed in
the application, and
WHEREAS, the signatories recognize the benefits of collaborating together on this project and realize
that each party must contribute staffing resources, in -kind, to deliver the various elements detailed in the
application in a timely and effective manner, and recognize that failure to do so may lead to the loss of
federal funding for this project and may jeopardize the signatories' ability to receive future Safe Routes to
School funding as well as other federal and state funding from other grant programs,
NOW, THEREFORE, the signatories agree as follows:
A. The signatories are the CITY OF ITHACA (hereinafter "City ") and the ITHACA CITY SCHOOL
DISTRICT (hereinafter "ICSD ").
B. The Safe Routes to School (SRTS) application details the various elements to the project. In summary,
the project includes three (3) elements. The key element to this plan is the establishment of a network of
traffic- calmed routes connecting neighborhoods to two elementary schools and a middle school.
Supporting elements include upgraded school zone improvements, and non - infrastructure activities to
build students' skills and enthusiasm for walking and biking to school.
C. The City agrees to:
1. Administer the infrastructure elements (traffic-calmed routes and school zone
improvements) of the project. This will involve City staff time contributed in -kind to
design the infrastructure elements and to manage and oversee contractors
con structing/installing the infrastructure items.
2. Conduct public outreach activities related to the infrastructure elements of the project in
concert with the ICSD conducting public outreach activities relating to the non -
infrastructure elements of the project.
3. Report to the NYSDOT all necessary information related to the infrastructure items.
Additionally, the City will work with the ICSD during evaluation and reporting tasks to
ensure that City and ICSD written materials are presented in a unified format.
4. Meet periodically with ICSD staff, and others involved in this project, to discuss project
progress, and to offer /receive suggestions and guidance.
5. Work collaboratively with ICSD, and others, to build a broad coalition of stakeholders in
hopes that this group can maintain some of the SRTS educational activities beyond the
reimbursement period.
6. Work with the ICSD to ensure that ICSD non - infrastructure costs intended for
reimbursement (not to exceed $50,000) are eligible for reimbursement prior to expending
ICSD funds in the first instance. The City will then submit eligible ICSD costs (after
being paid in the first instance by the ICSD) to NYSDOT for reimbursement, and, after
receiving such reimbursement, the City will pass the reimbursed funds to the ICSD
(either directly from the NYSDOT or channeled through the City).
7. Provide project information on the City's website.
Page 1 of 2
D. The ICSD agrees to:
1. Administer the non - infrastructure elements of this project as outlined in the SRTS
application, including but not limited to educational activities, event planning &
implementation, and curriculum development. The exact scope of the non - infrastructure
activities may change during the "preliminary design phase" of this project. During that
phase (planned for Summer 2013 -Fall 2013), the ICSD will lead the public outreach
activities pertaining to the non - infrastructure elements; feedback from the public and /or
from ICSD staff may suggest a better scope of non - infrastructure activities. The ICSD
will determine the final scope and will ensure that substantive changes are pre- approved
by NYSDOT to guarantee that costs remain eligible for reimbursement.
2. Pay all non - infrastructure costs in the first instance. Prior to expending ICSD funds, the
ICSD should consult with the City to ensure that costs planned for reimbursement are
eligible for such reimbursement. The ICSD will properly report all costs eligible for
reimbursement to the City; the City will then forward the reimbursement request to
NYSDOT for approval. City will pass the reimbursed funds to the ICSD (either directly
from the NYSDOT or channeled through the City).
3. Conduct public outreach activities related to the non - infrastructure elements of the
project in concert with the City conducting public outreach activities relating to the
infrastructure elements of the project.
4. The ICSD will work with the City during evaluation and reporting tasks to ensure that
ICSD and City written materials are presented in a unified format.
5. Meet periodically with City staff, and others involved in this project, to discuss project
progress, and to offer /receive suggestions and guidance.
6. Work collaboratively with the City, and others, to build a broad coalition of stakeholders
in hopes that this group can maintain some of the SRTS educational activities beyond the
reimbursement period.
7. Provide project information on the ICSD website.
E. This agreement shall be effective upon execution by all the participating entities and shall continue
until December 31, 2016, or until the completion of the project, whichever is later.
F. The City and ICSD hereby agrees to indemnify, hold harmless and defend themselves and their
respective officers, employees, agents or elected officials, from and against any and all claims and actions
brought against the City or ICSD and their respective officers, employees, agents and 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 City or ICSD, or either's employees, subcontractors or agents.
City of Ithaca
Name:
Title:
Signature:
Date:
Ithaca City School District
Name: Margaret F. Boice
Title: Assistant Superintendent for Business
Signature: �' 4,� /�
i
Date: September 1.8, 2012
Page 2 of 2
11.2 Police Department - Request to Amend 2012 Authorized Budget for Grant
- Resolution
WHEREAS, the Ithaca Police Department was awarded a grant of $20,000 from the
Triad Foundation, and
WHEREAS, the money is to be used for the purchase of new patrol rifles and for
upgrading existing patrol rifles; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2012 authorized Police
Department budget as follows:
Increase Revenue Account:
A3120- 2705 -05050 Gifts and Donations $20,000
Increase Appropriation Accounts:
A3120- 5225 -05050 Other Equipment $ 6,400
A3120- 5476 -05050 Equipment Maintenance $13,600
$20,000
15. MAYOR'S APPOINTMENTS:
15.1 Appointment of Part-Time City Court Judge — Resolution
WHEREAS, Judge James Kerrigan was appointed to the part-time position of City Court
Judge in 2007, has long served in that capacity, and will retire as of December 31,
2012, and
WHEREAS, in May of this year the Mayor publicized a call for applications for
appointment to the part-time position at City Court, and
WHEREAS, a number of high quality applicants submitted applications, and participated
in interviews with the Mayor, and
WHEREAS, the Mayor has engaged in extensive fact - finding regarding these
applicants, both through review of the applicants' professional records, and through
dialogues with various stakeholders knowledgeable of the applicants' professional
accomplishments, now therefore let it be
RESOLVED, That Common Council approves the appointment of Scott A. Miller to the
position of part-time City Court Judge effective January 1, 2013 with a term to expire
December 31, 2018.
To:
From:
Date:
Subject:
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850 -5690
OFFICE OF THE CITY ATTORNEY
Aaron O. Lavine, City Attorney
Robert A. Sarachan, Assistant City Attorney
Patricia M. O'Rourke, Assistant City Attorney
Krin Flaherty, Assistant City Attorney
Jody Andrew, Executive Assistant
MEMORANDUM
Mayor Svante Myrick
Common Council
Aaron Lavine, City Attorney
September 25, 2012
Appointment to City Court
Telephone: 607/274-6504
Fax: 607/274 -6507
As you know, Judge Kerrigan will be retiring from the part-time position on City Court at the
end of this year, resulting in a vacancy on the Court as of January 2013. Earlier this year, the Mayor
sought, reviewed and discussed desired qualities in an appointee to the City Court, including: experience,
temperament, knowledge and familiarity with the City and its stakeholders, reputation, commitment to
fair and unbiased decision making, and of course ability at legal analysis and problem solving alike.
The Mayor, myself, and the City Clerk put out a call for applicants for appointment to this
position in May of this year. Thereafter, the Mayor received four high quality applications with
substantial backup materials exhibiting the professional accomplishments of each candidate. After a
careful review of these materials, the Mayor conducted a day of interviews in July, in which I also
participated, encompassing each of these candidates. The Mayor then solicited additional input and
advice from a variety of stakeholders, many of whom are deeply familiar with all of the candidates and
their professional records.
As you know, and after much deliberation, the Mayor has put forward Scott Miller for Council's
approval to a six year term as the next part -time City Court judge. Scott's resume reflects a lengthy,
hugely experienced, and impressively diverse legal background, including extensive civil and criminal
representations, hundreds of appearances in Ithaca City Court, a large number of trials, teaching
experience, organizational management experience, municipal representation, drug court defenses, and
much else. Of no small note, Scott's experience is not only of very high quality, but also of great
relevance to Ithaca in particular, as he enrolled in Cornell Law School over twenty years ago and has
pursued virtually all of his experience locally ever since. The most fleeting survey of Scott's professional
record also reveals that he is an incredibly hard worker who will be well equipped to address the
substantial caseload that awaits him at City Court.
The Mayor and I look forward to discussing Scott's appointment with you next week.
Scott A. Miller, Esq.
200 East Buffalo Street; Suite 502 • Ithaca, NY 14850
(607) 273 -5475 • sam hgvmlaw.com
Profile:
Accomplished trial attorney and adjunct law professor with a strong background in high level felony
criminal and civil litigation, civil rights, real estate, development (residential and commercial), and
landlord and tenant law. Proven ability to engage in complex litigation in Federal and State Courts.
Experience negotiating complex transactions.
Education:
• Cornell University, B.A.
Ithaca, NY
1990
• Oxford University Postgraduate Center for Hebrew Studies 1989 -90
Oxford, England
• Cornell Law School, J.D., Cum Laude 1995
Legal Experience:
Holmberg, Galbraith, Van Houten & Miller July1999- present
200 East Buffalo Street; Suite 502 • Ithaca, NY
• Partner for 13 years in law firm. Executive experience and responsibility for managing
staff, personnel issues, 401(k) programs plan and health benefits.
• Handle all levels of criminal matters (misdemeanor, felony and parole). Tried
approximately 20 criminal jury trials [including several murder trials] to verdict
• Civil litigation, corporate litigation, personal injury, wrongful death actions
• Federal and State Civil'Rights, Federal Tort Claims, Federal Anti - Cybersquatting
• Ithaca City Code violations, Ithaca City Court small claims, evictions [both landlord
and tenant clients], New York Vehicle and Traffic
• NY State Uniform Fire and Prevention Building Code
• Extensive appearances in NY state appellate courts
• Business law, specializing in restaurant start-up and liquor licensing, New York State
Sales Tax Audit law, municipal law, zoning, assessment
• Article 78 Proceedings
• Cornell University Judicial Hearings
• NY Labor Law
• Real estate, commercial transactions, foreclosure defense
• Divorce and custody actions, wills, trusts and estates
• Work closely with local probation officers and substance abuse counselors and
treatment centers to design alternatives to incarceration for clients
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Cornell Law School • Ithaca, NY
Spring Adjunct Law Faculty
2004 - present
Teach Cornell Law 6921 "Trial Advocacy," 5 credit advanced litigation course for 2L
and 3L students. Instruct on trial litigation strategies to class size of approx. 35 students.
The course is devoted to the study of trial techniques. Fundamental skills are taught and
evaluated weekly in the context of challenging procedural and substantive law problems.
Each stage of the trial is examined: jury selection, opening statement, direct
examination, cross- examination, objections, impeachment, exhibits, expert witnesses,
child witnesses, pre - trial, and closing argument. In addition to lectures, the students
perform trial exercises every week, culminating with a full day jury trial exercise at the
completion of the course on a weekend at a local court with an actual judge and jury.
Special Cornell Law School Homicide Clinic
Feb. 2011 -May 2012
Volunteered to work with three Cornell Law students where I designed and developed
an apprentice program that gave each law student several hundred hours of actual
litigation work. I trained students to handle every aspect of a high profile patricide
murder case [People v. Taranto; Tompkins County Court]. Law students served as
"second- chairs" and tried murder case with me in April 2012. Students received Cornell
Law School credit, and are more prepared to try cases than other graduating Cornell Law
students.
Enfield. NY Town Attorney
Oct. 2001- Feb. 2004
• Similar to the Ithaca City Attorney. Handled all aspects of municipal law for the Town
of Enfield, NY.
Law office of Scott A. Miller
408 North Tioga Street - Ithaca, NY
1996 -1999
• Sole practitioner, represented hundreds of indigent criminal defendants and family
court clients through Tompkins County Assigned Counsel Program.
Ithaca City Drug Treatment Court Attorney
Jan. -June 1999
• Selected by then Ithaca City Court Judge John C. Rowley to serve as defense counsel
for the first year of Ithaca City Drug Treatment Court.
Awards:
• 1995 Cornell Public Service Center Robinson Apel Humanitarian Award
Award for setting up the Cornell Law Students Big Brothers Big Sisters Liaison Program
which coordinated with Ithaca Youth Bureau and matched mentor law students with
Tompkins County youth.
• 1989 Cornell University Newman Fellowship for one year study at Oxford University
Postgraduate Center for Hebrew Studies
2 of 205.
Community Service /Activities:
• Tompkins County Bar Association 2009- present
Board of Directors and current Vice President
Term of President commences October 2012
Editor Tompkins County Bar Association Newsletter
• Downtown Ithaca Alliance 2010 - present
Serve on Board of Directors and current Chairperson of Government Relations
Committee and current I" Vice- President.
• Ithaca Neighborhood Housing Services 2007- present
Serve on INNS Board of Directors. Also served on INHS
Client Committee 2006 -2008.
• Ithaca Youth Bureau 2000 -2003
Big Brothers Big Sisters Program
Served on Ithaca Big Brothers Big Sisters [One -to -One Program) Board of Directors and
served as Chairperson 2002 -2003. Also volunteered as a Big Brother to an at risk youth.
Lectures:
"Criminal Law Issues the General Practitioner Needs to Know," to Tompkins County Bar
Association, March 6, 2003
"Ethical and Practical Problems: Defending the Guilty Defendant," to Tompkins County Bar
Associate, March 6, 2003
"Ethics and the Lawyer: Issues Surrounding Client Perjury," Cornell Law School, Lawyering
Class, April 2007
"The Role of the Bill of Rights," Dewitt Middle School : Look to the Future Career Day, May 26,
2011
"Defending the Guilty Client," Dewitt Middle School: Look to the Future Career Day, May 25, 2012
Beverly J. Martin School Summer Basketball Youth Program repeat guest career lecturer
Articles /Op Ed Publications:
"Lessons from War," Ithaca Times March 19, 2003.
"Real Property Law §462 requires full disclosure of skeletons in the closet," Tompkins County Bar
Association Newsletter October 2011.
"U.S. Supreme Court Throws Legal Immigrants a Life Raft," Tompkins County Bar Association
Newsletter Jan.2012.
References available upon request
3 of 205.
15.2 Appointment to Board of Zoning Appeals — Resolution
RESOLVED, That Gabriel Holbrow be appointed to the Board of Zoning Appeals to
replace Geoffrey Milz with a term to expire December 31, 2013, and be it further
15.3 Reappointments to Commons Advisory Board — Resolution
RESOLVED, That Kris Lewis be reappointed to the Commons Advisory Board with a
term to expire December 31, 2014, and be it further
RESOLVED, That Joseph Wetmore be reappointed to the Commons Advisory Board
with a term to expire December 31, 2014, and be it further
15.4 Reappointment to Ithaca Housing Authority Board — Resolution
RESOLVED, That Arthur Williams be reappointed to the Ithaca Housing Authority Board
with a term to expire October 17, 2017, and be it further
15.5 Reappointments to Workforce Diversity Advisory Committee - Resolution
RESOLVED, That Marcia Fort be reappointed to the Workforce Diversity Advisory
Committee with a term to expire December 31, 2015, and be it further
RESOLVED, That Sue Kittel be reappointed to the Workforce Diversity Advisory
Committee with a term to expire December 31, 2015, and be it further
RESOLVED, That Nancy K. Bereano be reappointed to the Workforce Diversity
Advisory Committee with a term to expire December 31, 2015, and be it further
RESOLVED, That Elizabeth Vance be reappointed to the Workforce Diversity Advisory
Committee with a term to expire December 31, 2015, and be it further