HomeMy WebLinkAbout11-07-12 Common Council Meeting agendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, November 7,
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
1. PLEDGE OF ALLEGIANCE:
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
3. PROCLAMATIONS/AWARDS:
3.1 Presentation of Workforce and Diversity Inclusion Award
3.2 Presentation of Quarterly Employee Recognition Award
4. SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing to Consider the Mayor’s Amended Executive Budget for 2013
as approved by the Committee of the Whole
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:
Government Performance and Accountability Committee:
8.1 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 45 entitled
“Disability Advisory Council”, Section 45-1 regarding “Appointment and
Membership”
8.2 An Ordinance to Amend Chapter 348 of the City of Ithaca Municipal Code
entitled “Water and Sewers”, Section 348-29 “Sanitary Services” to Amend Sub-
Sections 348-29(E) and (J)
City Administration Committee:
8.3 Department of Public Works - Addition of Water Treatment Plant Operator Title
for the Water Treatment Plant - Resolution
8.4 Department of Public Works - Access Road Easement Agreement with NYSDOT
- Resolution
Common Council Agenda
November 7, 2012
Page 2
9. CITY ADMINISTRATION COMMITTEE:
9.1 A Local Law to Consolidate Office of the City Chamberlain into Office of the
City Controller
9.2 A Local Law to Consolidate the Building Department into the Department of
Planning and Development
9.3 An Ordinance to Amend Chapter 146 of the City of Ithaca Municipal Code
entitled “Building Code Enforcement” Section 146-4(A) related to Administrative
Officers and Functions
9.4 Tax Levy Limit Override – Discussion and Possible Local Law
9.5 Adoption of 2013 Budget - Resolution
9.6 Adoption of 2013 Tax Rate - Resolution
9.7 Adoption of 2013 Ithaca Area Wastewater Treatment Plant Budget - Resolution
9.8 Fire Department - Status of Volunteer Companies with No Active Members
Resolution – To Disband or Failing That Dissociate Ithaca Volunteer Fire
Companies with no active members from the Ithaca Fire Department
9.9 IURA - Approve use of Gateway Proceeds for loan assistance to State Theatre of
Ithaca, Inc. for the State North Community Center Project - Resolution
9.10 IURA - EPA Brownfield Cleanup Grant Application for the Ithaca Falls Overlook
Site- Resolution
9.11 Clerk’s Office – Approval of 2013 Special Events Policy - Resolution
9.12 Common Council – Request to Amend 2012 Authorized Budget – Possible
Resolution (to be distributed under separate cover)
9.13 Controller’s Report
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 An Ordinance to Amend Chapter 276 of the City of Ithaca Municipal Code
entitled “Site Plan Review” to Repeal and Replace it in its Entirety.
10.2 An Ordinance to Amend the Municipal Code of the City of Ithaca, Chapter 325,
entitled “Zoning” to amend the Waterfront Zoning
10.3 Endorsement of Revisions to City of Ithaca Community Investment
Incentive Program (CIIP) - Resolution
11. GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE:
11.1 Common Council Rules of Procedure – Council Member Replacement Process -
Resolution
11.2 Update on last meeting from Committee Chair Mohlenhoff
12. REPORTS OF SPECIAL COMMITTEES:
13. NEW BUSINESS:
Common Council Agenda
November 7, 2012
Page 3
14. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14.1 Alderperson Brock - Resolution of the City of Ithaca to Environmental Protection
Agency Administrator Lisa P. Jackson in Support of Reducing Greenhouse Gas
Pollution Under the Clean Air Act
15. MAYOR’S APPOINTMENTS:
15.1 Reappointments to Various City Boards/Committees – Resolutions
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 October 3, 2012 Common Council Meeting Minutes – Resolution
19.2 Approval of the October 24, 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.
______________________________
Julie Conley Holcomb, CMC
City Clerk
Date: November 2, 2012
8. CONSENT AGENDA ITEMS:
Government Performance and Accountability Committee:
8.1 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 45
entitled “Disability Advisory Council”, Section 45-1 regarding “Appointment and
Membership”
Ordinance 2012-___
BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows:
Section 1. Chapter 45, Section 45-1, entitled “Appointment and Membership,” is hereby
amended to read as follows:
§ 45-1. Appointment and membership.
The Mayor, with the approval of the Common Council, is authorized to appoint a
Disability Advisory Council, to be composed of 12 members, including representatives
of the disabled community and organizations serving it, [2/3 of the members to] no
more than fifty percent (50%) may be non-residents of the City of Ithaca and a
majority of the members to be considered as possessing a disability.
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.
8.2 An Ordinance to Amend Chapter 348 of the City of Ithaca Municipal Code
entitled “Water and Sewers”, Section 348-29 “Sanitary Services” to Amend Sub-
Sections 348-29(E) and (J)
Ordinance #2012 - ___
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Section 348-29(E) of the City of Ithaca Municipal Code is hereby amended
to read as follows:
(E) All installations of service drains or sewers between the curb and the building shall
be made by a [plumber] Plumbing Contractor or [sewer layer] Water and Sewer
Installer licensed by the Examining Board of Plumbers or any homeowner working on
his/her own single-family residence.
Section 2: Section 348-29 of the City of Ithaca Municipal Code is hereby amended to
add the following subsection:
(J) All sanitary services connected to the public mains shall have a house
(building) trap installed between the property line and the building to prevent
sewer gas and other potentially harmful gases generated in the public mains from
entering the building. The house trap shall be installed as close to the building as
possible. The trap shall be a service weight, cast iron, double hub running trap
with a minimum of 4” inside diameter. A Fresh Air Inlet shall be installed on the
building side riser of the trap and terminate at 12 inches above grade with an
approved air inlet fitting to allow the internal vents to draft and remove
accumulated gases from the plumbing system. A brass cleanout cover shall be
installed at grade level on the street side of the trap for cleaning and maintenance
of the trap. A wye, 45 degree fitting with riser and brass cleanout at grade level is
required immediately down-stream of the trap to facilitate cleaning between the
trap and the public main.
Section 3: 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 4: Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
City Administration Committee:
8.3 Department of Public Works - Addition of Water Treatment Plant Operator
Title for the Water Treatment Plant - Resolution
WHEREAS, the City of Ithaca Department of Public Works Water & Sewer Division,
Water Treatment Plant will have one operator, taking advantage of the City Retirement
Incentive in December of 2012, and
WHEREAS, this operator is the overnight shift operator and the need to create, fund, fill
and train a replacement as close as possible prior to the retirement is an immediate
need, and
WHEREAS, using the recently filled float shift operator position to fill this vacancy is
only a short term fix and leaves the plant short staffed again for operational coverage,
maintenance capabilities and will result in an increase in overtime. The Water Plant is a
24/7 operation and having adequate staffing to cover for operations and maintenance is
an essential need to assure proper production of water that will continue to meet state
and federal requirements, and
WHEREAS, funding for this new position is from within the existing 2012 budget, due to
title and duty changes in 2012; the position was reviewed and approved through
Vacancy Review on September 10, 2012, Civil Service Commission on September 12,
2012, and Board of Public Works on October 22, 2012. As part of the approval, this
new title will be funded for 2012 and will remain on the roster unfunded for 2013 for an
anticipated requirement for extra coverage and to reduce overtime; now, therefore be it
RESOLVED, That Common Council approves this title and its requirements, and hereby
creates the Water Treatment Plant Operator title/position with the corresponding funding
at the City of Ithaca Water Treatment Plant.
8.4 Department of Public Works - Access Road Easement Agreement with
NYSDOT - Resolution
WHEREAS, the Board of Public Works has reviewed material from the City’s consulting
engineer for the water plant, O’Brien and Gere, showing the relocation of the driveway
off Route 79 (Slaterville Road) which is designed to improve access to the City’s water
intake structure, and
WHEREAS, the driveway relocation will intercept one of the New York State
Department of Transportation’s (NYSDOT) highway drainage structures for Route 79 in
a drainage easement, causing it to be extended out beyond the driveway, and has
resulted in the NYSDOT requesting an extended easement on the City’s watershed
property for their drainage structure prior to their agreeing to the proposed change in
their drainage structure, and
WHEREAS, the Board of Public Works has recommended the extended easement be
granted by Common Council; now, therefore be it
RESOLVED, That Department of Public Works’ staff and the City Attorney work with the
consultant and the NYSDOT to obtain the necessary forms, drawings and agreements
for the driveway relocation, and be it further
RESOLVED, That Common Council grants the permanent drainage easement
extension requested by the NYSDOT so that the City may improve the driveway to the
City’s raw water intake, and authorizes the Mayor to sign the necessary documents.
9. CITY ADMINISTRATION COMMITTEE:
9.1 A Local Law to Consolidate Office of the City Chamberlain into Office of the
City Controller
WHEREAS, the intent of the following legislation is to reduce the costs and increase the
efficiency of the City’s government in light of record budget deficits; and
WHEREAS New York State has granted to the City the power to organize its own
government and the departments therein as the City deems necessary; and
WHEREAS The Common Council has determined that certain operations of the City’s
government could efficiently be consolidated and overseen by a single department head
rather than by multiple separate departments; and
WHEREAS, the Office of the City Chamberlain only came into existence late in the
City’s long history, prior to which the Office of the City Controller handled the financial
affairs of the City, and
WHEREAS, the Office of the City Controller is well equipped, with the assistance of
appropriate staff of the Office of the City Chamberlain, to handle the financial affairs of
the City both as a matter of spending and receiving City funds, now therefore,
BE IT NOW ENACTED BY the Common Council of the City of Ithaca as follows:
Section 1. Legislative Intent and Purpose.
The Common Council of the City of Ithaca determines that it is in the interest of the
public welfare to consolidate the Office of the City Chamberlain into the Office of the
City Controller, such that the City Chamberlain and all appropriate staff of the Office of
the City Chamberlain shall hereafter report to the City Controller as members of the
Office of the City Controller. Subject only to the requirement that the City Chamberlain
report to the City Controller, the City Chamberlain shall retain all powers, duties, and
functions otherwise possessed by the City Chamberlain unless explicitly altered herein.
Section 2. Appointive Officers Not Serving In Their Respective Department.
The text of Section C-5(C)(4), a subsection of “Elective and Appointive Officers”, as
currently contained in the Ithaca City Charter and last ratified by Local Law No. 5 of
2011 is hereby repealed and replaced with the following text, said replacement text to
be read in concert with any other text duly enacted to replace portions of the hereby-
repealed text:
(i) Officers who serve as the heads of their respective departments, and who are
appointed by the Mayor with the approval of Common Council: Building
Commissioner,[City Chamberlain,] City Clerk, Controller, Director of Human Resources,
Director of Information Technology, Director of Planning and Development, Fire Chief,
Greater Ithaca Activities Center Director, Police Chief, Superintendent of Public Works,
Youth Bureau Director.
(ii) Officers who are appointed by the Mayor with the approval of Common
Council to a specific department: City Chamberlain as appointed to the Office of
the City Controller.
Section 3. Consolidated Office of the City Controller.
The text of Section C-19(B)(7), a subsection of “Financial Officers”, as currently
contained in the Ithaca City Charter and last ratified by Local Law No. 1 of 2011 is
hereby repealed and replaced with the following text:
“[Organize the work of the Office of the City Chamberlain. The City Chamberlain may
assign and transfer administrative functions, powers and duties within the Office of the
City Chamberlain as the best interest of the City may appear, subject to the Charter,
local law or ordinance.] Be a member of the Office of the City Controller, such that,
notwithstanding any other provision of the City Code, all powers, responsibilities,
procedures, rights, and penalties in this Charter or in the City Code or in rules
created thereunder specifying, compelling, or permitting the administration,
enforcement, or other participation of the “Office of the City Chamberlain” shall
be invested in and associated with the Office of the City Controller.”
Section 4. Severability. If any clause, sentence, paragraph, section, or part of this
local law shall be adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder thereof but shall be
confined in its operation to the clause, sentence, paragraph, section, or part thereof
directly involved in the controversy in which such judgment shall have been rendered.
Section 5. Effective Date.
This Local Law shall take effect on January 1, 2013 or 45 days after its adoption,
whichever is later, and after filing in the office of the Secretary of State. This Local Law
is subject to referendum on petition pursuant to Municipal Home Rule Law Section 24.
9.2 A Local Law to Consolidate the Building Department into the Department of
Planning and Development
WHEREAS, the intent of the following legislation is to reduce the costs and increase the
efficiency of the City’s government in light of record budget deficits; and
WHEREAS New York State has granted to the City the power to organize its own
government and the departments therein as the City deems necessary; and
WHEREAS The Common Council has determined that certain operations of the City’s
government could efficiently be consolidated and overseen by a single department head
rather than by multiple separate departments; and
WHEREAS, the Building Department executes Code Enforcement as to numerous
Code Provisions, many of which are promulgated by the Department of Planning and
Development, including zoning, and
WHEREAS, the Department of Planning and Development is well equipped, with the
assistance of appropriate staff of the Building Department, to handle the code
enforcement functions of the City, now therefore,
BE IT NOW ENACTED BY the Common Council of the City of Ithaca as follows:
Section 1. Legislative Intent and Purpose.
The Common Council of the City of Ithaca determines that it is in the interest of the
public welfare to consolidate the Building Department into the Department of Planning
and Development so as to form the Department of Planning, Building, and
Development, such that the Building Commissioner and all appropriate staff of the
former Building Department shall hereafter report to the Director of Planning and
Development as members of the Department of Planning, Building, and Development.
Subject only to the requirement that the Building Commissioner report to the Director of
Planning and Development, the Building Commissioner shall retain all powers, duties,
and functions otherwise possessed by the Building Commissioner unless explicitly
altered herein.
Section 2. Appointive Officers Not Serving In Their Respective Department.
The text of Section C-5(C)(4), a subsection of “Elective and Appointive Officers”, as
currently contained in the Ithaca City Charter and last ratified by Local Law No. 5 of
2011 is hereby repealed and replaced with the following text, said replacement text to
be read in concert with any other text duly enacted to replace portions of the hereby-
repealed text:
(i) Officers who serve as the heads of their respective departments, and who are
appointed by the Mayor with the approval of Common Council: [Building Commissioner,]
City Chamberlain, City Clerk, Controller, Director of Human Resources, Director of
Information Technology, Director of Planning and Development, Fire Chief, Greater
Ithaca Activities Center Director, Police Chief, Superintendent of Public Works, Youth
Bureau Director.
(ii) Officers who are appointed by the Mayor with the approval of Common
Council to a specific department: Building Commissioner as appointed to the
Department of Planning, Building, and Development.
Section 3. Department of Planning, Building, and Development.
(a) The text of the title of Chapter 4, Article V as currently contained in the Ithaca
City Code and last ratified by Local Law No. 5 of 2011 is hereby repealed and
replaced with the following text:
Department of Planning, Building, and Development
(b) The text of the first sentence of Section 4-22, a subsection of “Department of
Planning and Development”, as currently contained in the Ithaca City Code and
last ratified by Local Law No. 5 of 2011 is hereby repealed and replaced with the
following text:
“There shall be a Department of Planning, Building, and Development
headed by a Director of Planning and Development.”
(c) A new subsection L shall be added to the text of Section 4-22 beneath
subsection K, a subsection of “Department of Planning and Development,” as
currently contained in the Ithaca City Code and last ratified by Local Law No. 5 of
2011 to read as follows:
“L. Notwithstanding any other provision of the City Code, all powers,
responsibilities, procedures, rights, and penalties in this Code or in
rules created thereunder specifying, compelling, or permitting the
administration, enforcement, or other participation of the
“Department of Planning and Development” shall be invested in and
associated with the Department of Planning, Building, and
Development.”
Section 4. Severability. If any clause, sentence, paragraph, section, or part of this
local law shall be adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder thereof but shall be
confined in its operation to the clause, sentence, paragraph, section, or part thereof
directly involved in the controversy in which such judgment shall have been rendered.
Section 5. Effective Date.
This Local Law shall take effect on January 1, 2013 or 45 days after its adoption,
whichever is later, and after filing in the office of the Secretary of State. This Local Law
is subject to referendum on petition pursuant to Municipal Home Rule Law Section 24.
9.3 An Ordinance to Amend Chapter 146 of the City of Ithaca Municipal Code
entitled “Building Code Enforcement” Section 146-4(A) related to Administrative
Officers and Functions
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as
follows:
ORDINANCE NO. 2012-
Section 1. The text of 146-4(A) as currently contained in the Ithaca City Code is hereby
repealed and replaced with the following text:
“The Office of Code Enforcement Officer is hereby created. The Office of Code
Enforcement Officer shall be [known as the City of Ithaca] the Department of
Planning, Building, and Development [Department]. The Code Enforcement Officer
shall administer and enforce all the provisions of the Uniform Code, the Energy Code
and this chapter. The Building Commissioner [as appointed by the Mayor] shall be the
Code Enforcement Officer for the City of Ithaca.
Notwithstanding any other provision of the City Code, all powers, responsibilities,
procedures, rights, and penalties in this Code or in rules created thereunder
specifying, compelling, or permitting the administration, enforcement, or other
participation of the “Building Department” or the “office of the Building
Commissioner” shall be invested in and associated with the Department of
Planning, Building, and Development, wherein the Building Commissioner shall
serve as the Code Enforcement Officer as specified in Chapter 146 of the City
Code.”
Section 2. All employees and functions of the City of Ithaca Building Department shall
be transferred to the Department of Planning, Building, and Development, pursuant to
Section 70.2 of New York State Civil Service Law.
Section 3. 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 4. Effective date. This Ordinance shall take effect on January 1, 2013 or 45
days after its adoption, whichever is later, and after filing in the office of the Secretary of
State.
Back-Up Item 9.1 – 9.3
MEMORANDUM
To: Mayor Svante Myrick
Common Council
From: Aaron Lavine, City Attorney
Date: October 24, 2012
Subject: Departmental Consolidations
_______________________________________________________________
As the Mayor shared in his budget message, the City is considering a process of
departmental consolidation in the form of Controller-Chamberlain and Planning-Building
departmental mergers. As you know, a couple weeks ago I shared with all of you a set
of draft legislation in support of these goals. We have since received a variety of useful
feedback, and have revised the legislation in a few respects to take account of that
feedback.
First, as requested, I have divided the legislation into separate pieces of
legislation for the Planning-Building merger and for the Controller-Chamberlain merger.
This may best assist Council in considering the merits of these two actions individually.
Second, the enclosed draft legislation leaves the Director of Planning and Development
with an unchanged title, and the Department of Planning and Development with the new
title “Department of Planning, Building and Development.” Third, as described below,
an additional Local Law—ideally for action at December Council—will be forthcoming to
enact, pursuant to mandatory referendum, the elimination of the position (but not the
employment of the person—see below) of Building Commissioner.
After additional discussions with the Human Resources Department, the Director
of Planning and Development, the Building Commissioner, and the Deputy Building
Commissioner, the following structural changes are proposed through (or in concert
with) the draft legislation:
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
OFFICE OF THE CITY ATTORNEY
Aaron O. Lavine, City Attorney Telephone: 607/274-6504
Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507
Patricia M. O’Rourke, Assistant City Attorney
Krin Flaherty, Assistant City Attorney
Jody Andrew, Executive Assistant
A. On the departmental level, the Building Department and the Office of the
Chamberlain would of course merge into the Planning and Development
Department and the Office of the Controller, respectively. The Planning and
Development Department would also be renamed the Planning, Building, and
Development Department (“PB&D”).
B. On the positional level, all positions in all involved departments would continue to
exist, except that—per a proposed Local Law with which I can soon provide
you—the position of Building Commissioner would exist only until eliminated at a
November 2013 referendum on that subject. Additionally, a draft resolution to be
provided shortly by the Human Resources Department would create the position
of Director of Zoning Administration (previously referred to as Codes
Commissioner).
C. On the individual level, the proposed mergers would not affect the existing
employment status (i.e., compensation, benefits, job duties, etc.) of any
employees of affected departments, with the exception that the person currently
serving as Building Commissioner has agreed that she will leave the position of
Building Commissioner just prior to the departmental merger so as to serve in the
position of Director of Zoning Administration upon completion of the merger. This
in turn would leave the Building Commissioner position (by then merged into the
PB&D Department) vacant, such that the Deputy Building Commissioner would
fulfill the duties of Building Commissioner within the PB&D Department until such
time as the position of Building Commissioner may be eliminated at referendum
(as described in (B), above). Thereafter, Council might consider creating the
position of Director of Code Enforcement into which the Deputy Building
Commissioner could then transition (all within the PB&D Department).
9.5 Adoption of 2013 Budget - Resolution
WHEREAS, this Common Council is now considering adoption of the Amended
Executive Budget for 2013 as approved by the Committee of the Whole, and
WHEREAS, it is the consensus of this Common Council that the total appropriations
and estimated revenues, as set forth in said Amended Executive Budget for 2013, and
as those amounts may be altered by action of this Common Council at its November 7,
2012 meeting, are adequate for the operation of the City during 2013; now, therefore be
it
RESOLVED, That this Common Council accepts and approves said Amended
Executive Budget for 2013, together with any additional changes made in said budget at
Council's November 7, 2012 meeting as the City of Ithaca Budget for 2013, in the total
amount of $62,414,433, and be it further
RESOLVED, That the following sections of the 2013 Budget be approved:
A) General Fund Appropriations
B) Water Fund Appropriations
C) Sewer Fund Appropriations
D) Solid Waste Fund Appropriations
E) General Fund Revenues
F) Water Fund Revenues
G) Sewer Fund Revenues
H) Solid Waste Fund Revenues
I) Debt Retirement Schedule
J) Capital Projects
K) Schedule of Salaries and Positions - General Fund
L) Schedule of Salaries and Positions - Water & Sewer Fund
M) Schedule of Salaries and Positions - Solid Waste Fund
N) Authorized Equipment - General Fund
O) Authorized Equipment - Water Fund
P) Authorized Equipment - Sewer Fund
Q) Authorized Equipment - Solid Waste Fund
9.6 Adoption of 2013 Tax Rate - Resolution
WHEREAS, the 2013 City of Ithaca Budget was approved, adopted, and confirmed in
the total amount of $62,414,433 on November 7, 2012, in accordance with a detailed
Budget on file in the Office of the City Controller, and
WHEREAS, available and estimated revenues total $42,320,325 leaving $20,094,108
as the amount to be raised by taxation, and
WHEREAS, the Assessment Roll for 2013 certified and filed by the Assessment
Department of Tompkins County, has been footed and approved and shows the total
net taxable valuation as $1,536,246,783, and
WHEREAS, under Charter provisions, the tax limit for City purposes amounts to
$29,808,215 for 2013; now, therefore, be it
RESOLVED, That the tax rate for general purposes, for the fiscal year 2013, be, and
the same hereby is, established and fixed at $13.08 per $1,000 of taxable valuation as
shown, certified and extended against the respective properties on the 2013, Tax Roll,
thereby making a total tax levy, as near as may be, of $20,094,108, and be it further
RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied
upon and against the respective properties as shown on said City Tax Roll, in
accordance with their respective net taxable valuation, at the rate of $13.08 per $1,000
of such taxable valuation, and be it further
RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and
apportion the City Tax as above, and that upon the completion of the extension of said
Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of
said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign
and affix the corporate seal to such warrant and forthwith to file the same with said Tax
Roll with the City Chamberlain, and be it further
RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the
City Chamberlain, the amounts of the City Tax set opposite each and every property
shall hereby become liens, due, payable and collectible in accordance with provisions of
the City Charter and other laws applicable thereto, and be it further
RESOLVED, That the total sum of $62,414,433 be appropriated in accordance with the
Budget adopted to the respective Boards, Offices, and Departments of the City, for the
purposes respectively set forth therein. The 2013 Assessment Roll has been completed
and approved by the Assessment Department of Tompkins County and resulted in the
following valuation:
Total Value of Real Property $3,961,976,544
Less: Value of Exempt Property $2,451,711,000
$1,510,265,544
Plus: Value of Special Franchises $25,981,239
Net Value of Taxable Property $1,536,246,783
9.7 Adoption of 2013 Ithaca Area Wastewater Treatment Plant Budget -
Resolution
WHEREAS, this Common Council is now considering adoption of the Amended Joint
Activity Fund Budget for 2013 as approved by the Committee of the Whole, and
WHEREAS, it is the consensus of this Common Council that the total appropriations
and estimated revenues, as set forth in said Amended Joint Activity Fund Budget for
2013 and as those amounts may be altered by action of the Common Council at its
November 7, 2012 meeting, are adequate for the operation of the Ithaca Area
Wastewater Treatment Plant during 2013; now, therefore, be it
RESOLVED, That this Common Council accepts and approves said Amended Joint
Activity Fund Budget for 2013, together with any additional changes made in said
budget at Council’s November 7, 2012 meeting, as the Ithaca Area Wastewater
Treatment Plant Joint Activity Fund Budget for 2013, in the total amount of $3,667,965,
and be it further
RESOLVED, That the following sections of the 2013 Ithaca Area Wastewater Treatment
Plant Joint Activity Fund Budget be approved:
A. Joint Activity Fund Appropriations
B. Joint Activity Fund Revenues
C. Schedule of Salaries and Positions – Joint Activity Fund
D. Authorized Equipment – Joint Activity Fund
9.8 Fire Department - Status of Volunteer Companies with No Active Members
Resolution – To Disband or Failing That Dissociate Ithaca Volunteer Fire
Companies with no active members from the Ithaca Fire Department
WHEREAS, there currently are 8 volunteer Fire Companies, authorized by the City
Charter to operate under the oversight of the Ithaca Board of Fire Commissioners in
providing fire services as part of the Ithaca Fire Department, and
WHEREAS, per the City Charter – Section C-96. Powers and duties of Board, it is
the duty and responsibility of the Board of Fire Commissioners to organize new
companies and to disband any Department company, subject to the approval of the
Common Council…., and
WHEREAS, the Board of Fire Commissioners has acted to transfer all active volunteer
members of the Ithaca Fire Department, who are not already members of Neriton
Company 9 into said company; now, therefore be it
RESOLVED, That the following 7 volunteer companies, which no longer have active
members volunteering with the Ithaca Fire Department: Company 1 – Cayuga Hose,
Company 2 – Rescue Steamer & Chem, Company 3 – Tornado Hook and Ladder,
Company 4 – Eureka Patrol, Company 5 – Torrent Hose, Company 6 – Sprague
Steamer and Hose, and Company 7 – Cataract Hose will, upon approval of the
Common Council of the City of Ithaca, be disbanded, or failing that dissociated, from the
Ithaca Fire Department as Volunteer Fire Companies, and are no longer to be
considered part of the Ithaca Fire Department; as such, these companies shall no
longer be approved by the Board of Fire Commissioners to recruit individuals to be
active members of the Ithaca Fire Department or to engage in the prevention and
extinguishment of fires, and be it further
RESOLVED, That any issues regarding 2% funds that were distributed previously to
these 7 Volunteer Companies, will be handled per law and regulation, as specified by
the N.Y. State Comptroller’s Office if timely so specified, and be it further
RESOLVED, That the Common Council joins with the Board of Fire Commissioners
wishes in recognizing the debt owed to those who are currently members of these
companies for their current and past service to their Companies and to the Community,
and it is with a profound sense of humility and reluctance that the Common Council
takes these actions, but it does so with the belief that these changes will provide the
greatest opportunity for enhancing and continuing the long tradition of volunteer fire
service to the community.
9.9 IURA - Approve use of Gateway Proceeds for loan assistance to State
Theatre of Ithaca, Inc. for the State North Community Center Project - Resolution
WHEREAS, on September 7, 2012, State Theatre of Ithaca Inc. (STI) applied to the
Ithaca Urban Renewal Agency (IURA) for $400,000 of loan assistance for a $1.3 million
project to acquire the former Masonic Temple building to renovate and operate it for
“State North Community Center” (SNCC) located at 115-117 N. Cayuga Street, Ithaca,
NY, and
WHEREAS, STI seeks to induce the property owner to sell the 115-117 N. Cayuga
Street property by submitting a $1 million cash purchase offer, and
WHEREAS, the project is intended to benefit the community as well as generate income
over the long-term to enhance the financial sustainability of STI, the owner of the State
Theatre, and
WHEREAS, the proposed SNCC is further intended to, in part, address a shortage of
community meeting and assembly space in the community resulting from the sale and
demolition of the Women’s Community Building that in 2008 hosted over 80 uses of its
auditorium and over 120 uses of its meeting room, and
WHEREAS, the building is proposed to be leased to a variety non-profit organizations,
including the New Roots Charter School (New Roots) as the anchor ground floor tenant,
provide a performance/ assembly space to be managed by the STI for community and
performance use when not being utilized by New Roots, provide nonprofit organization
office space and access to the New Roots kitchen for community use, and
WHEREAS, the proposed uses of project funds are:
$1,000,000 property acquisition
$250,000 renovations
$26,000 property taxes
$74,000 working capital
$1,350,000 Total, and
WHEREAS, the proposed sources of project funds are:
$500,000 Park Foundation loan
$400,000 IURA loan
$250,000 Bank loan
$200,000 TCAD loan
$1,350,000 Total, and
WHEREAS, all non-bank project debt is structured as interest-only debt payments with
balloon payments due at various times, and
WHEREAS, the proposed project does not create affordable housing or commit to
create jobs, so the project is not eligible for funding assistance from CDBG, HOME or
HODAG funds administered by the IURA, and
WHEREAS, the project is an eligible use of Gateway proceeds (current approximate
balance $447,000), administered by the IURA subject to Common Council approval, but
$100,000 per year of Gateway proceeds are earmarked as contributions to the Housing
Fund to support affordable housing, so only short-term, low-risk use of Gateway
proceeds is appropriate, and
WHEREAS, the project is an eligible use of UDAG and other non-HUD funds
administered by the IURA, but the total amount of such funds available is only
approximately $200,000, and
WHEREAS, STI proposes to repay IURA principal on the following schedule:
$250,000 will be repaid after 2 years
$150,000 will be repaid after 3 years
$400,000
WHEREAS, the anchor tenant lease covers 87% of projected operating expenses,
including interest-only debt service payments, and
WHEREAS, STI plans to retire project debt through a capital campaign with guidance
from West Wind Consulting Strategies in Fundraising, LLC pay principal, and
WHEREAS, after two years the project is projected to have accumulated cash flow of
approximately $120,000, an amount insufficient to meet the principal repayment
schedule to the IURA unless the capital campaign is successful thereby requiring
substantial loan security to ensure timely repayment for a short-term loan, and
WHEREAS, the former Masonic Temple building is a locally designated landmark
building, located within the Urban Renewal Area Plan map, that has remained largely
vacant for over ten years, and
WHEREAS, the acquisition, renovation and utilization of the highly visible and
historically significant building at 115-117 N. Cayuga Street furthers the Urban Renewal
Plan’s objective to improve the social, physical and economic characteristics of the
Plan’s neighborhoods, and
WHEREAS, the project will convert a taxable building to tax-exempt status reducing City
property tax revenues by approximately $8,500 annually, and
WHEREAS, making the auditorium and kitchen facility available for community use is a
public benefit that may compensate for the reduction in property tax revenues, and
WHEREAS, at their September 27, 2012 meeting the IURA approved a loan subject to
the following terms:
Borrower: State Theatre of Ithaca, Inc., or an affiliated entity
Loan Amount: Up to $400,000
Sources of Funds: Gateway Proceeds: $250,000
UDAG & non-CDBG funds: $150,000
Project: Acquisition, renovation, and operation of the former
Masonic Temple building for the State North
Community Center at 115-117 N. Cayuga Street,
Ithaca, NY
Total Project Cost: $1,300,000
Projected Use of IURA
Funds:
Property acquisition
Term: 3 years
Interest Rate: 2% annually
Repayment: Interest-only payments due with $250,000 principal
payment due on the 2nd year anniversary and
$150,000 principal payment due on the 3rd year
anniversary of the loan
Security: 1. Personal guarantee of Mack Travis and/or other
persons of sufficient net worth and liquidity to
repay the loan in the event of a default as
evidenced by submission of a satisfactory
personal financial statement as determined by
the IURA Chairperson.
2. Assignment of a total of $400,000 face value
life insurance from guarantor(s) securing the
loan
Job Creation
Requirement:
None
Conditions: 1. City of Ithaca Common Council approval for use
of Gateway Funds;
2. Submission of written funding commitments for
match funding totaling at least $900,000; and
3. Submission of anchor lease commitment
consistent with assumptions contained in the
loan application.
Reporting: 1. Annual submission of profit & loss statement for
the State North Community Center
2. Annual submission of inventory of community
use of the auditorium and kitchen
now, therefore, be it
RESOLVED, That City of Ithaca Common Council hereby authorizes the IURA-
proposed use of up to $250,000 of Gateway Proceeds to provide loan assistance for the
State North Community Center project at 115-117 N. Cayuga Street.
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State Theatre of Ithaca, Inc.
State North Community Center
Project Plan — "Making It Happen!"
September 1, 2012
___________________________________________
1. EXECUTIVE SUMMARY
Introduction
In July, 2012, The Women's Community Building (the "WCB") located at the
intersection of North Cayuga and Seneca Streets in downtown Ithaca, New York
was demolished to permit construction of 50 units of affordable housing. While
the building had little architectural significance, it served as the de facto
downtown community center, playing host to more than fifty local groups for
meetings and events and serving as the modestly-priced home to a number of
local not-for-profit organizations.
Among the displaced was the New Roots Charter School ("NRCS") which used
the WCB's auditorium as its cafeteria. This served as a safe and convenient
location for the students given the School's primary home in The Clinton House
directly across the street from the WCB.
That same large open space (as well at other rooms in the building) was shared on
an event-by-event rental basis by such organizations as the Rotary Club, LaLeche
League, the Ithaca Board of Realtors, the Ithaca Garden Club, the Latino Civic
Association and Joy of Singing. It was also rented out to the very popular CD and
Record Fair and was home to numerous weddings and other joyous occasions. A
copy of the WCB's 2009 rental rates and a summary of usage for that year (the
most recent data provided) is incorporated herein as an appendix to this plan.
Most of the not-for-profit organizations that leased space on an ongoing basis
have found new homes, though there is evidence, both documented in a study
conducted by TIDES ("The NonprofitCenters Network") and seen anecdotally by
Elena Salerno Flash, Esq., counsel to this project, through her work with
numerous not-for-profit organizations, of strong demand for new low-cost space.
While NRCS has found a temporary location for its cafeteria in St. Catherine's
Greek Orthodox Church a block to the west, the event-oriented groups have been
less successful in finding affordable space in downtown.
The work done by TIDES is significant in terms of the local organizations
involved in its development, the NFPs and community stakeholders that took part
in focus groups, and the broad spectrum of organizations that were interviewed.
The "Ithaca Nonprofit Center Feasibility Findings" study was conducted in Fall of
2010 and was prepared in collaboration with a local planning committee
composed of the following organizations: the Downtown Ithaca Alliance, the
Park Foundation, United Way of Tompkins County, Sustainable Tompkins, the
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Tompkins County Human Services Coalition, the Community Arts Partnership,
and the Community Foundation of Tompkins County.
The study's findings, which pointed out a significant need for not just physical
space for not-for-profit organizations but for a place that fosters working
cooperatively with shared services while nurturing innovation, were the result of a
series of focus groups and one-on-one interviews involving numerous NFPs,
Ithaca College and Cornell University, The City of Ithaca, Tompkins County and
commercial property owners. A particularly important conclusion of the study
was that creating such an environment would be nearly impossible in a for-profit
building that would require market rents, but would need a place funded, owned
and operated by one or more NFPs; the State Theatre/Masonic Temple project has
been crafted with this in mind, both in terms of its proposed ownership and its
funding structure.
Located just over a block to the south of the WCB is the State Theatre
(www.stateofithaca.com), a 1,642 seat community entertainment complex. It has
been owned and operated by the not-for-profit State Theatre of Ithaca, Inc.
("STI") since 2008. The theatre has housed vaudeville, first-run movies, and
performing arts over its 80-year history. It is now one of the most successful
historic performing arts venues in the country, hosting national and international
music groups and comedy acts, local theatre productions, the Ithaca Ballet and a
variety of other events.
STI's primary mission is to "present top-quality entertainment in a variety of
formats to enhance the lives of the residents of the Ithaca community and the
surrounding Finger Lakes region," and it does this exceedingly well. STI's
management and its board of directors recognize that that mission could be
furthered with the addition of a smaller performance space, one that could more
comfortably accommodate local groups that would be swallowed up by the
theatre's size.
In addition, STI recognizes it has a unique obligation as one of the key not-for-
profit organizations in Ithaca's downtown to do things to further enhance the
vitality and vibrancy of the city center and the overall community's quality of life.
Project Description
Where Cayuga and Seneca streets cross paths is one of the more interesting
intersections in downtown Ithaca. On one corner sits the former site of Ithaca
High School, converted some 40 years ago into apartments, offices and an
enclosed mall of small shops and restaurants; on another sits the aforementioned
Women's Community Building, soon to be called Breckenridge Place when its
much-needed affordable housing units are completed; on yet another is the
Clinton House, a beautiful Greek Revival structure originally built in 1828-29 and
home to the NRCS as well as the Ithaca Transcendental Meditation Program,
3
numerous law firms and other businesses; and on the fourth, the Masonic Temple
at 115-17 North Cayuga Street.
Constructed in 1925-26 and originally used as a fraternal lodge for Freemasons,
the 17,500 square foot limestone-clad Masonic Temple has sat largely unused for
more than ten years. It was most recently leased by the current owner to a
nightclub operator; immediately prior to that, it was operated as a high-end
restaurant. Neither commercial operation proved successful, and a replacement
tenant under terms acceptable to the owner has not been forthcoming.
Because the building is on both the Federal and State Registries of Historic
Places, changes to the building's exterior and interior are subject to government
regulation and review. The current owner has not been permitted to demolish the
building for new development nor has he been allowed to alter the facade to
permit the windows a conversion to condominiums would require. This is
essentially a limited use building in need of a different sort of plan, one that is
non-commercial in nature.
The opportunity is at hand and the need is great to put this historic building to
good use once again. To that end, it is proposed that STI become the owner and
operator of the Masonic Temple.
The building consists of a full ground floor that currently features a 2,650 square
foot high ceiling "Auditorium" and stage, a 2,200 square foot "Main Hall", a large
commercial kitchen area and various smaller rooms; a partial second floor with a
2,600 square foot "Chapter Hall", a 670 square foot bar area, and various small
rooms; a small third floor with a 570 square foot Sunroom" and other small
rooms; and a full basement that contains the building's heating boilers and fire
suppression system, one food cooler, one dry food storage room, and open space
suitable for storage. It is anticipated that approximately 2,420 square feet of
storage units can be created to provide up to $28,000 in annual income to the
project.
Upon acquiring the Masonic Temple, STI will undertake approximately $250,000
in renovations to correct deferred maintenance issues, restore the building's
exterior fascia, upgrade the building's basic systems where necessary, add air
conditioning to the auditorium and provide for handicap access to the first and
second floor spaces via an exterior ramp and a new internal elevator.
Because the Masonic Temple is classified as "public assembly space," there are
numerous permitted uses, and all elements of this project take advantage of that.
STI intends to use the Auditorium as an additional performance space, and has
reached agreement with the New Roots Charter School ("NRCS") to lease the
school that same area and the kitchen on a shared basis. NRCS has also agreed to
lease the balance of the first floor for expansion classrooms and offices.
4
STI intends to lease the second and third floor spaces to various not-for-profit
organizations to be used as offices and also intends to make the Auditorium
available to other local groups on a rental basis for events and meetings, and to
create storage units in the basement for rent to third parties.
In addition to the foregoing, STI and NRCS intend to create an after-school youth
activity program that has been long-sought by the community. Such programs
provide supervised activities for teens typically between the hours of 3 and 6 p.m.,
three to five days per week. The benefit of affording teens supervised activities
between the end of the school day and the end of their parents' work day is
considerable and will serve to enhance late afternoon life on the Commons and
surrounding blocks by giving teens a place to go and interact in positive, playful
and creative ways.
Broadly restated, the benefits of the project are:
1. converts a very visible, long-vacant downtown building to active, sustainable
occupancy that is not competitive with downtown's existing cultural
institutions;
2. facilitates the community-oriented ownership of the property under the
guidance of a strong, professional board of directors;
3. ensures the long-term preservation of a historically significant building that is
currently showing visible signs of neglect;
4. enables local community groups and civic organizations to utilize public
assembly space on a short-term (hourly, daily) basis at below-market rates for
meetings, community breakfasts, etc. that were once held in the WCB;
5. provides NRCS with dining/activity space that was formerly a function of the
Women's Community Building;
6. provides NRCS with needed additional classroom and office space;
7. provides for a much desired supervised teen activity program;
8. allows for the leasing of office space to not-for-profit organizations at below-
market rental rates;
9. and finally, creates an opportunity for job creation/retention in downtown.
Project Acquisition
STI has reached an agreement in principle to acquire the Masonic Temple from its
present owner, Jason Fane, for $1 million. The project is predicated on Mr. Fane's
final agreement to transfer title of the property to STI once full funding of the
5
purchase price has been achieved. All funds committed to the property's
acquisition as well as an additional $300,000 to cover immediate renovations,
closing costs, real property taxes payable through July, 2013 and other carrying
costs will be held in escrow by STI's legal counsel Miller Mayer, LLP until the
closing.
STI's board of directors passed a resolution approving the purchase on September
___, 2012.
The New Roots Charter School & Lease With STI
Chartered by the State University of New York Board of Trustees in 2008, New
Roots Charter School (www.newrootsschool.org) is a public high school open to
any student in New York State who is eligible to attend NYS public schools. The
school’s primary instructional space and administrative offices are located in The
Clinton House, directly across the street from the Masonic Temple. The school
started with 107 students and has grown to an anticipated enrollment of over 200
students for the 2012-13 school year. New Roots has reached its physical limits
for accommodating students, and has established a waiting list for several grades
for the first time in the school’s history. NRCS receives funding on a per-student
basis, invoicing up to 20 regional school districts for the state and federal aid that
they receive on behalf of the students enrolled at New Roots who live within their
district boundaries.
NRCS's mission is to prepare its diverse student body to meet the challenges of
citizenship, work, and life-long learning in the 21st century. The school's
interdisciplinary academic program features hands-on, community-based learning
that supports students in solving real-world problems. New Roots Charter School
students earn a Regents diploma and demonstrate readiness for higher education
by earning college credit and creating a graduation portfolio that demonstrates
that they have met or exceeded all 28 New York State Learning Standards. The
school community is designed to create a model of secondary education that
integrates best practices in sustainability education with those proven to support
educational equity.
New York State issues charters for public schools for an initial term of five years,
Charter schools can apply for renewal at the end of each term. NRCS is
beginning its fourth year of operations and will submit their case for renewal in
August 2013 based on the Institute’s established Renewal Benchmarks for
academic success, organizational viability, fiscal soundness, and plans for the
next charter renewal.
There is clear evidence that the school is in a strong position to earn the renewal
of its charter for a second term from the perspective of the school’s authorizer. In
a final school evaluation report from the Charter Schools Institute dated
September 26, 2011, the conclusion was that “based on the analysis of evidence
from the evaluation visit, New Roots is on a trajectory towards meeting its
6
Qualitative Educational Benchmarks (a component of the Renewal Benchmarks)
by the time of renewal.” Additionally, the school has had exemplary fiscal
management practices, as evidenced by yearly audits by independent auditors
Ciaschi, Dietershagen, Little and Mickelson, a recent audit by New York State
comptroller’s office that revealed only minor errors in the school’s billing and
purchasing practices. Additionally, the school is demonstrating yearly growth in
academic accountability measures, already meeting and exceeding key measures
in just its third year of operations.
NRCS will serve as the project's anchor tenant, making use of approximately
7,555 square feet of the building; 4,615 square feet of that will be used on a 50%
shared basis and the remainder will be used exclusively for school purposes. Like
the school’s lease with the Clinton House, the lease between STI and NRCS will
be linked to the 5-year charter renewal terms for up to 20 years of occupancy.
The rent proposed for the first year will be $89,208, and NRCS will pay an
anticipated additional $24,000 per year as its prorated share of the annual cost for
electricity, gas and water. Both the rent and NRCS's share of utility costs will
increase annually based upon the percentage change in the Consumer Price Index
("All Items").
STI will be responsible for maintenance and repair of the exterior and interior of
the building, trash removal, and providing common area janitorial services,
including service to rest rooms and kitchen after evening or weekend events.
NRCS will be responsible for janitorial services to the kitchen, cold food storage
areas and its office, restrooms and classroom spaces.
NRCS will be responsible for providing supervised management of the after-
school youth program, a program that will be initiated once funding outside of
school operating costs has been secured by community center supporters.
The lease between STI and NRCS will become effective once the needed
renovations of and repairs to the building are completed, expected to be no later
than June 1, 2013.
Running to Places Theatre Company - Potential Second Floor Tenant
Discussions have begun with the Running to Places Theatre Company ("R2P") for
space on the building's second floor. Started in 2007, R2P is a nonprofit theatre
company for teens that rehearses and performs across the Tompkins County area
– hence the name. The company is made up of about "150 passionate and
dedicated youth in grades 6-12 that come together to build community while
making great theatre." R2P's productions, many of which have taken place in the
State Theatre, have been warmly received by the community. The company
benefits from substantial financial support provided by local foundations, youth
organizations and individuals.
7
R2P has expressed strong interest in renting three offices plus space for a dance
studio, all of which can be accommodated on the second floor.
2. PROPOSED SOURCES & USES OF FUNDS
Source of Funds:
Park Foundation $ 500,000
Ithaca Urban Renewal Agency $ 400,000
Tompkins Trust Company $ 200,000
TCAD $ 200,000
$1,300,000
Use of Funds:
Building acquisition $1.000,000
Immediate renovations $ 250,000
Closing costs, interest, misc. $ 24,000
Real property taxes $ 26,000
$1,300,000
It is proposed that that the Park Foundation provide $500,000 at 1%, interest only,
for a term of ten (10) years through their PRI division; the IURA provide
$400,000 at 2%, interest only, $250,000 of which shall be due at the end 24
months and the balance at the end of 36 months; $200,000 from TCAD at 2%,
interest only, for a term of ten (10) years; the Tompkins Trust Company provide
$200,000 at 4.25%. interest only, for a term of ten (10) years.
A "Stabilized Pro-forma Cash Flow Statement" covering ten years of operation is
incorporated herein as an appendix to this plan.
3. BUILDING CONDITION & REQUIRED CAPITAL
REPAIRS/UPGRADES
A visual inspection of the building was conducted by Bill Petrillose and Jason
Henderson of Travis Hyde Properties. Their findings are:
1. The roof appears to have no leaks but is at the end of its service life. It is
recommended that the existing tar patches be removed and the roof
resurfaced with an appropriate sealant product. Estimated cost is $19,000.
2. The foundation is in good condition.
3. The front entrance stairs require approximately $5,000 in repairs.
4. Exterior fascia repairs of $5,000 are needed.
5. The sprinkler system is in excellent condition.
6. The fire alarm system is in good working order and has two unused zones
available for use with the proposed building configuration.
8
7. The boiler system is in good condition but will require an upgrade of the
controls.
8. The building has adequate electric service at 400 amps, 3ph and is in good
condition.
9. New lighting and interior electrical upgrades will be needed. Estimated
cost is $15,000.
10. The Auditorium/stage area requires air conditioning. Estimated cost is
$25,000.
11. New flooring in certain areas is needed as are new stair treads and
refinishing of wood floors. Estimated cost is $50,000.
12. Wheelchair access to the building will be required and the is adequate
room to install a canopied ramp on the exterior of the building. Estimated
cost of $15,000.
13. An elevator extending from the first to the second floor will be required;
there is adequate interior space available for the installation, but extending
the elevator to the basement and to the third floor is impractical. Estimated
cost of $25,000.
14. Two new bathrooms built to meet ADA requirements are needed.
Estimated cost is $40,000.
15. Lead paint remediation will be required. Estimated cost is $36,000.
16. Asbestos in basement and VCT tile removal on floors 1 - 3 will be
required at and estimated cost of $15,000.
The renovation/repair cost estimates total $250,000 and represent what is
deemed necessary to make the building habitable for the uses proposed. There
will be additional costs associated with the build-out of the NRCS
office/classroom areas, but those costs will be the responsibility of the school.
Additional renovation and restoration costs of approximately $750,000 are
noted but the work may be done over an extended period of time. Funds for
this work will be raised via government grants and fundraising within the
community.
4. PROJECT & FACILITIES MANAGEMENT
Project & Facilities Management
STI will oversee leasing of the second and third floor office spaces and of the
basement storage units. STI will also manage, in coordination with NRCS,
scheduling of all events occurring in the Auditorium. STI will also oversee the
building's leasing and repairs and maintenance. It is anticipated that STI's
overhead and administrative expenses associated with these tasks will be
approximately $15,000 in the first year, increasing by inflation projected at
3% annually thereafter.
9
The management of STI — its executive director, Doug Levine. and Jean
Hubbell, Director of Theatre Operations in particular — have considerable
experience managing the organization's current real estate assets. In addition
to the theatre's performance space itself, STI owns 105 West State Street,
adjacent to the theatre, which has two market rate apartments; manages office
and classroom space on the main building's second floor which is leased to
NRCS through 2014; and a retail space on that building's ground floor which
is leased to Blue Bird Antiques.
5. FUNDRAISING SERVICES
Fundraising specific to the Masonic Temple for purposes such as paying for
additional renovations and the retirement of the debt contemplated herein will
be conducted by the board of directors of STI with guidance from Kathy Cole
of West Wind Consulting Strategies in Fundraising, LLC (www.west-
windconsulting.com). The firm provides campaign and annual fund services
to Cornell University, Binghamton University, Ithaca College, the Hangar
Theatre, the Rockwell Museum of Western Art, The Philadelphia Orchestra,
and numerous other colleges, community-benefit and arts organizations.
Prior to founding West Wind in 2002, Kathy spent a total of thirteen years at
Cornell University completing her tenure there as the Director of the Cornell
Fund where she led the University’s annual, leadership and reunion giving
programs to raise between $16 million and $85 million annually. In this role,
Kathy managed 25 staff members while serving on the University’s senior
management team in development and helping to guide the programs and
practices that enabled Cornell to raise over $400 million in gifts and
commitments each year.
6. LEGAL SERVICES
Legal services in connection with this project are being provided by Elena
Salerno Flash, Esq. of Miller Mayer, LLP. Elena is a founding partner at the
firm, concentrating her practice in health law, not-for-profit and tax exempt
organization advising, and complex transactional work. Ms Flash also
practices real estate law concentrating on commercial development and
financing.
Elena and her partner John Moss Hinchcliff, Esq. were integral to the
formation of STI and that organization's acquisition of the State Theatre's
assets from Historic Ithaca, Inc.
9.10 IURA - EPA Brownfield Cleanup Grant Application for the Ithaca Falls
Overlook Site - Resolution
WHEREAS, the City of Ithaca and Ithaca Urban Renewal Agency (IURA) have been
working with the property owner and a housing developer to remediate and redevelop
the environmentally contaminated former Ithaca Gun factory site located at 121-125
Lake Street, Ithaca, NY for redevelopment of a 45-unit housing project and a linear
public park providing views of the Ithaca Falls, and
WHEREAS, as part of this effort the City accepted ownership of the Ithaca Falls
Overlook site, an approximately 1-acre parcel adjoining the former factory that will be
developed as a public park, and
WHEREAS, the City was awarded a grant of $700,200 through the New York State
Environmental Restoration Program (ERP) to define the nature and extent of
environmental contamination on this site and cleanup the site, and
WHEREAS, preliminary site investigation results suggest that additional resources may
be necessary to complete the investigation and site cleanup to a standard expected by
the community, and
WHEREAS, New York State grant programs to cleanup brownfield sites are not
accepting any new funding applications, and
WHEREAS, the US Environmental Protection Agency (EPA) has announced the
availability of funding through the Brownfield Cleanup Grants program with a
submission deadline of November 19, 2012, and
WHEREAS, EPA expects to award an estimated 73 cleanup grants for approximately
$14 million, and
WHEREAS, the EPA grant requires a 20% cost share in the form of a contribution of
money, labor, material, or services from a non-federal source, and that the applicant be
the owner of the brownfield parcel, and
WHEREAS, the New York State ERP grant awarded to the City qualifies as match
funding for the EPA grant, therefore no additional match funds are required for the EPA
grant, and
WHEREAS, the IURA has authorized funding for preparation of an EPA grant
application for the Ithaca Falls Overlook site and committed staff resources to
administer the grant; now, therefore be it
RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized to
submit an EPA Brownfields Cleanup Grant application for the City-owned Ithaca Falls
Overlook site, and be it further
RESOLVED, That should the grant be awarded to the City of Ithaca:
1. the Mayor is authorized, upon the advice of the City Attorney, to execute any and
all agreements to accept the grant;
2. Capital Project #768 - Ithaca Falls Overlook Investigation and Remediation –
shall be increased up to an amount equal to the grant award, but not to exceed
$400,000;
3. funds needed for said Capital Project shall be derived from the issuance of bonds
or the advance from the General Fund with later repayment from the US
Environmental Protection Agency; and
4. the Ithaca Urban Renewal Agency is hereby authorized to administer and
implement the EPA Brownfields Cleanup Grant.
9.11 Clerk’s Office – Approval of 2013 Special Events Policy - Resolution
WHEREAS, The Special Events Subcommittee of the City Administration Committee
was tasked to review and revise the Special Events Policy for implementation in 2013 in
order to reduce pressure on departmental budgets in the face of anticipated loss of
available staff and resources to support special events, and allow event organizers to
structure events and budgets (as practicable) to include the costs and responsibilities
historically borne by the City, and
WHEREAS, The City recognizes that special events are an important facet of the
overall vitality of the City and holds a significant role in bringing people of the community
together, enhances Ithaca’s quality of life and draws tourists to the area, and
WHEREAS, A special event is defined in § 132-7 of the City Code as an event requiring
three or more of the following permits: noise, assembly and parade, street closures,
vending, alcohol, use of parks or city property; and
WHEREAS, The Subcommittee has met regularly over the last eight months and had
the participation and input of City staff, the Special Events Team, event organizers,
members of the community, the Tompkins County Tourism Program, members of the
Parks Commission and the Board of Public Works, and
WHEREAS, Recommended changes to the Special Event Application, review and
management process in 2013 include
• Semi-annual strategic planning meetings held in February and October during annual
policy review, to better coordinate and proactively foster event planning as well as make
adjustments to the program in order to achieve goals
• Special Event Applications will be expanded to include a description of the event’s
community benefits, impacts on city resources, volunteer management plan, resource
mitigation plan, and set-up/break-down plan and schedule
• Fees for use of City property and staff for specified event-related expenditures
• Review appropriate use of private security consistent with City responsibilities to
maintain public safety and in balance with practicable utilization of IPD resources
• Institute pre- and post-event inspection by DPW staff to identify and document event-
related damage and initiate reimbursement claims for repairs
now, therefore be it
RESOLVED, That Common Council hereby approves the following recommendations of
the Special Events Subcommittee and adopts the following policies and fees effective
January 1, 2013:
Special Events Policy for 2013:
1. The City will approve only one special event that requires City resources per
calendar day;
2. Any private security company used in an event must provide proof that all guards
are certified and the company is licensed, bonded and insured;
3. Special event applications will not be considered for days that are deemed
holidays for City employees if City employees are required for the event;
4. Applications for parades, in addition to walking, running, and biking events will
only be considered for City-approved courses, provided that adequate resources such
as law enforcement, traffic control and public works are provided for;
5. Individual Special Events using multiple locations simultaneously will be
considered individual events and are subject to prior approval by the Mayor (except
for events which utilize both the Commons and DeWitt Park such as Ithaca Festival,
Apple Harvest Festival/First People’s Festival);
6. The City reserves the right to deny Special Events applications. Applicants may
appeal decisions of the Special Events Team to the Mayor;
7. Events with unpaid financial obligations to the City will not be considered for
future events;
8. This policy will be reviewed annually by the pertinent committee.
2013 Organizer Costs and Fees
• All required permit fees as defined by City code and Special Events Team
• Fees will be applied for use of DPW work crews to set-up, break-down, relocate city
equipment, and repair City facilities as follows:
o 2012 DPW costs for labor and equipment is $70 per hour, overtime is 1.5
Non-routine duties include (but are not limited to) moving of bleachers,
collection and disposal of trash, delivery and removal of event
equipment.
Cost to post and remove a street block “No Parking” is $44/hr
Cost to deliver/pick up barricades is $35/hr
Organizer shall be responsible for trash collection. Bagged trash can
be picked up by the DPW with the purchase of special event trash
bags at a cost of $4.00/bag.
• Fees may be applied for IPD costs as determined by the Special Events Team
o 2012 IPD costs for labor and equipment is $72.50 per hour, overtime is 1.5
• Park and facility rental fees as per existing City policies and as specified below:
o Rental fees for use of the East Lawn, Flag Lawn and West Lawn of Stewart
Park shall be $20/hour for each area
o Rental fees shall be charged for use of park facilities and pavilions during set
up, event and break down time
o Rental fees shall be charged during operating hours of the park
o All event-related materials, tents and porta potties must be removed from site
by 9 am the next day to avoid application of rental fees for that day
• Rental costs for signage, and replacement costs for lost or damaged barricades,
bleachers or cones shall be applied
• Failure to provide agreed upon volunteers at days/times promised in application will
result in:
o Responsibility for costs incurred by the City for substitute services
o $200 fine for non performance
o Possible event cancellation if public safety is jeopardized
• Failure to break down or clean up per committed timeline promised in application will
result in:
o Responsibility for costs incurred by the City for substitute services
o $200 fine for non performance
BACK-UP FOR ITEM: 9.11
Special Events Subcommittee
(Updated 10.18.2012)
Proposed Goals and Special Events Policy for 2013
Executive Summary
Resulting from several meetings of the Special Events sub-committee of the City
Administration committee, this draft memo outlines the proposed goals, objectives,
policies, and process for the Events and Festivals program in 2013 for the City of
Ithaca.
Goals for Special Events Subcommittee for 2013:
• Support a diverse variety of events that enhances the vitality and quality of life in
the City
• Improve collaboration between the City, County Tourism Program, and Event
Organizers
• Expand use of event volunteers and promote use of "target" event zones
• Integrate support for Special Events into day-to-day city operations as much as
reasonably possible to minimize non-routine staff duties and law enforcement
overtime
• Create a Special Events fee for use of City parks
• Recover partial costs of non-routine duties attributed to Special Events with
itemized fee structure
• Support de-briefing follow up with event organizers to promote improved planning
for recurring events through management and safety After Action reports
• Review overall festival and events program annually in terms of progress against
these goals
• Institute process for pre- and post-event inspection of site by DPW staff to
identify event-related damage and initiate claim reimbursement for repairs. Process
may include changes to damage deposit policy and management of
deposits/reimbursements.
Proposed Special Events Policy for 2013 based on 2012 Policy:
9. The City will approve only one special event that requires City resources per
calendar day;
10. Any private security company used in an event must provide proof that all guards
are certified and the company is licensed, bonded and insured;
11. Special event applications will not be considered for days that are deemed
holidays for City employees if City employees are required for the event;
12. Applications for parades, in addition to walking, running, and biking events will
only be considered for City-approved courses, provided that adequate resources
such as law enforcement, traffic control and public works are provided for;
13. Individual Special Events using multiple locations simultaneously will be
considered individual events and are subject to prior approval by the Mayor
(except for events which utilize both the Commons and DeWitt Park such as
Ithaca Festival, Apple Harvest Festival/First People’s Festival);
14. The City reserves the right to deny Special Events applications. Applicants may
appeal decisions of the Special Events Team to the Mayor;
15. Events with unpaid financial obligations to the City will not be considered for
future events;
16. This policy will be reviewed annually by the pertinent committee.
2013 Process and Program Guidelines:
Semi-annual strategic planning meetings
Hold semi-annual strategic planning meetings, in February and in October during
annual policy review, to better coordinate and proactively foster event planning as well
as make adjustments to the program in order to achieve goals. These meetings will be
in addition to the monthly Special Events Team meetings where permits are reviewed
and approved. Participants:
• Members of the City's Special Events
Team
• Members of Common Council
• Downtown Ithaca Alliance
• Tompkins County Tourism Planner
• Tompkins County Visitor’s Bureau
• Event organizers, by invitation
In addition, Special Event Applications will be expanded so that event organizers can
address the following:
• Community Benefits
• Impacts on City
• Volunteer Management Plan (how many, when, recruitment methods)
• Resource Mitigation Plan (what specifically will event organizers do to minimize
use of city resources)
• Set up plan and schedule
• Break down and clean up plan and schedule
Approved use of event volunteers if supported by a volunteer management plan:
We will seek expanded use of volunteers that will reduce costs to both Event
Organizers and the City. The following areas are where volunteers are encouraged and
expected. Event Organizers should outline their use in their Volunteer Management
Plan.
• Set up and break down of barricades or traffic cones, if picked up by event
organizers from City
• Set up and break down of no parking signs, except on state highways
• Movement of bleachers before and after event. Damage to bleachers, including
during time left overnight on site, shall be at the liability of the Organizer.
• Monitoring of barricades for traffic control during events
• Safety monitors of active road crossings, only at signaled crossings, or as
otherwise approved by IPD
Approved use of private security:
Any private security company used in an event must provide proof that all guards are
certified and the company is licensed, bonded and insured.
Target Event Zones
Event Organizers should seek to use the following areas, which can accommodate
large groups of people, when at all possible:
• Commons -- including North Cayuga, West State street block at west end of
Commons, and DeWitt Park (for quiet uses only)
• Stewart Park
• Cass Park
• Cayuga Waterfront Trail
2013 Organizer Costs and Fees
• All required permit fees as defined by City code and Special Events Team
• Fees will be applied for use of DPW work crews to set-up, break-down, relocate city
equipment, and repair City facilities as follows:
o 2012 DPW costs for labor and equipment is $70 per hour, overtime is 1.5
Non-routine duties include (but are not limited to) moving of bleachers,
collection and disposal of trash, delivery and removal of event
equipment.
Cost to post and remove a street block “No Parking” is $44/hr
Cost to deliver/pick up barricades is $35/hr
Organizer shall be responsible for trash collection. Bagged trash can
be picked up by the DPW with the purchase of special event trash
bags at a cost of $4.00/bag.
• Fees may be applied for IPD costs as determined by the Special Events Team
o 2012 IPD costs for labor and equipment is $72.50 per hour, overtime is 1.5
• Park and facility rental fees as per existing City policies and as specified below:
o Rental fee for use of the East Lawn, Flag Lawn and West Lawn of Stewart
Park shall be $20/hour for each area
Rental fee shall be charged for use of park facility and pavilion during
set up, event and break down time
Rental fee shall be charged during operating hours of the park
o All event-related materials, tents and porta potties must be removed from site
by 9 am the next day to avoid application of rental fees for that day
• Rental costs for signage, and replacement costs for lost or damaged barricades,
bleachers or cones shall be applied
• Failure to provide agreed upon volunteers at days/times promised in application will
result in:
o Responsibility for costs incurred by the City for substitute services
o $200 fine for non performance
o Possible event cancellation if public safety is jeopardized
• Failure to break down or clean up per committed timeline promised in application will
result in:
o Responsibility for costs incurred by the City for substitute services
o $200 fine for non performance
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 An Ordinance to Amend Chapter 276 of the City of Ithaca Municipal Code
entitled “Site Plan Review” to Repeal and Replace it in its Entirety.
WHEREAS, Chapter 276 of the Municipal Code of the City of Ithaca, Site Plan Review,
was first enacted in 1989 and was repealed and replaced in 1999, and
WHEREAS, amendments to Chapter 276 have been proposed, the purpose of which
are to correct and clarify language, resolve inconsistencies, and make substantive
changes regarding applicability thresholds, evaluation criteria, public notification
requirements and the rate and payment of fees, and
WHEREAS, given the extent of the changes proposed it would be impractical to
accomplish such revisions by amendment, now therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as
follows:
Section 1:
Chapter 276, entitled “Site Plan Review”, of the City of Ithaca Municipal Code is hereby
repealed and replaced in its entirety to read as follows.
§ 276-1. Intent.
The intent of this chapter is to provide for the review of site plans for certain land uses in
the City of Ithaca for the purpose of:
A. Preserving and enhancing neighborhood character.
B. Achieving compatibility with adjacent development and uses.
C. Mitigating potentially negative impacts on traffic, parking, drainage, the landscape
and similar environmental concerns.
D. Improving the design, function, aesthetics and safety of development projects and
the overall visual and aesthetic quality of the city.
E. Promoting environmental sustainability in new development, redevelopment and
long term planning.
§ 276-2. Definitions.
A. Definitions of specific terms or words as used in this chapter shall conform to the
definitions of the same terms in the Zoning Ordinance, Chapter 325, § 325-3.
B. In addition to the definitions in Chapter 325, the following terms shall be used in this
chapter as they are defined in this section:
AFFECTED SITE AREA -- Any area (including new and modified gross floor space)
that is physically changed as a result of the proposed development. Such changes
do not have to be permanent or irreversible for the area to be considered affected.
For example, a construction staging area will be considered an affected area if tree
damage or significant soil compaction is likely to result.
BOARD -- The Planning and Development Board, unless otherwise specified.
COMMISSIONER -- The Building Commissioner for the City of Ithaca, New York.
DEVELOPMENT -- Any land use activity or project which requires a permit from the
Building Department and will result in changes to the physical condition, appearance
or type of use, or intensity of use, of property.
(1) Development projects include but are not limited to:
(a) New construction, reconstruction, modification or expansion of existing
structures or site improvements.
(b) Landfilling, excavation, grading, parking lot construction or any other
disturbances to the natural or existing topography or vegetation of the site.
(c) Demolition of structures or site improvements.
(2) A project shall not be considered a development if it is one or a combination of
the following:
(a) Replacement in kind only; or
(b) Interior construction only; or
(c) Infrastructure maintenance only.
DIRECTOR -- The Director of Planning and Development for the City of Ithaca, New
York or his/her designee.
EXPANSION -- An enlargement of, or addition to, an existing structure or a paved
area, including driveways, parking areas and sidewalks.
MODIFICATION -- Rearrangement of site layout or an exterior alteration to an
existing structure (including any changes to a building facade, except replacement in
kind).
PERFORMANCE GUARANTY -- Any security that may be accepted by the city as a
guarantee that the improvements required as part of site plan approval will be
satisfactorily completed.
RECONSTRUCTION -- Construction of buildings or site plan improvements
following total demolition of a previous development.
REPLACEMENT IN KIND -- Replacement of materials (for maintenance purposes)
which does not have an effect on the appearance of the existing building and site.
SITE IMPROVEMENT -- Features including but not limited to planting, paving,
retaining walls, drainage culverts and swales, fences and gates, lighting, site
furniture, fountains, pools, bridges, dams, decks, boardwalks, pergolas, signs and
any other accessory structures, devices or landscape materials on the site.
SITE PLAN -- The development plan showing the existing and proposed conditions,
including but not limited to topography, vegetation, drainage, floodplains, marshes
and waterways; open spaces, walkways, means of ingress and egress, utility
services, landscaping, structures and signs, lighting and screening devices;
submitted along with building plans, elevations and building materials; and any other
information that may be reasonably required to allow an informed decision to be
made by the Board or the Director.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP) –A plan to identify
and mitigate stormwater impacts as defined in Chapter 282.
§ 276-3. Applicability; exceptions.
A. General applicability.
(1) Site plan review (SPR) applies to all new construction and reconstruction of both
residential and non residential development (except that excluded by §276-
3C),including parking areas of three or more spaces in residential zoning
districts.
(2) Upon the concurrence of the Director and the Superintendent of Public Works or
upon the direction of Common Council, site plan review (SPR) applies to
construction of landscape and infrastructure improvements which do not normally
require a building permit, but nervertheless have an extensive public use,
prominent visibility, or a potentially large environmental impact, such as
construction of trails or trailheads, development of, or improvements to, existing
parks; construction or reconstruction of bridges; and rebuilding of public or
private streets that involve streetscape improvements.
B. Projects of limited scope.
(1) The Director shall have the authority to review and act on a development
proposal if the proposed project meets the description in § 276-3A but is below
the thresholds described below. For such projects of limited scope, reviewed by
the Director, a public hearing is not required. The Planning and Development
Department shall be the lead agency in the environmental review of such
projects, except for projects that meet the description in 276-3A(2), which shall
follow environmental review laws or regulations for determination of lead
agency. There shall be no requisite review of the environmental assessment
forms (EAF) by the Conservation Advisory Council (CAC) in these cases. See §
276-5C for situations when projects of limited scope will be referred to the Board
for a full review. The upper thresholds for projects of limited scope are:
(a) All new construction and reconstruction of single-lot residential development
of a single-family detached or semidetached dwelling or a two-family
dwelling.
(b) Modification and expansion of residential development involving 4,000
square feet (sf) or more of total affected site area.
(c) New construction, reconstruction, modification or expansion of nonresidential
development in residential zones involving 3,000 sf of total affected site
area.
(d) Modification and expansion of nonresidential development in nonresidential
zones, involving 10,000 sf of total affected site area.
(e) Construction of landscape and infrastructure improvements as described in §
276-3A(2).
(2) When an application is received for site plan review under the provisions for
projects of limited scope as noted above, the Director shall, within 10 working
days of the date of the submission of the application, notify the Council
members in whose ward the project is to be located.
C. Exemption:
(1) Existing uses and developments which in their present configuration and use
are legally authorized as of the date of this legislation shall not be subject to
SPR.
(2) Exterior modifications to an existing single-lot residential development of a
single-family detached or semidetached dwelling or a two-family dwelling,
including additions, porches, façade changes, landscaping and site
improvements, excluding the development of parking areas for 3 or more cars as
required under §325-20.
D. City and other government projects. For city and other government projects, the
threshold of applicability, the review procedure and the review criteria shall be the
same as for all SPR applicants unless the Common Council decides that any
particular government project shall be reviewed on an advisory basis only.
However, even if a project is subject to advisory review only, no construction shall
begin until the Board or the Director has completed the review, including the
issuance of any findings and recommendations that the Board or the Director
determines to be appropriate. Projects subject to advisory SPR only shall be
presented to the Board for review beginning as early as possible, and in any case
no later than when the environmental review is started. The Board may or may not
be the Lead Agency of the environmental review of projects subject to advisory SPR
only.
§ 276-4. Other permits and approvals.
An approved site plan shall be binding on all further permits and approvals needed for
the project. The Board or the Director's decision to approve a site plan does not excuse
an applicant from complying with all other permits and approvals that may be needed,
including but not limited to street and sidewalk permits, utility permits and tree permits.
A. Permits from Building Department. For projects subject to SPR, a permit from the
Building Department shall be issued only after SPR approval has been granted. In a
case where a conditional SPR approval has been given, no certificate of occupancy
or completion shall be issued until final SPR approval has been given and all
conditions of such final approval have been met. See also § 276-9.
B. Variances.
(1) Any required variance must be obtained from the Board of Zoning Appeals
before the Planning Board will issue preliminary or final site plan approval.
(2) For projects that require both a variance and site plan approval, the Planning
Board will act as Lead Agency in the environmental review for both actions.
The BZA cannot grant a variance until the the Planning Board has completed
the environmental review.
C. Storm Water Pollution Prevention Plans (SWPPP). All Storm Water Pollution
Prevention Plans must be approved by the Stormwater Management Officer (SMO)
in accordance with §282 before final site plan approval is granted.
§ 276-5. Authorization to review site plans.
A. The Planning and Development Board is authorized to conduct SPR according to
the procedures described in § 276-6.
B. The Director is authorized to conduct SPR of projects of limited scope as defined in
§ 276-3B.
C. In projects of limited scope the Board shall conduct SPR according to the
procedures described below in § 276-6, when the following conditions arise:
(1) There is public controversy concerning the proposed development, as
determined by the Board or the Director.
(2) The application is referred to the Board by the Director.
(3) The applicant appeals to the Board after decision by the Director is made.
§ 276-6. Site plan review (SPR) procedures.
A. Process initiation.
(1) The Building Commissioner shall determine whether SPR is required when an
application for a building permit, a demolition permit, or a fill permit is filed.
Such determinations may be appealed to the Planning and Development Board
within 30 days of the written notification that SPR is required.
(2) For projects which do not require a building permit, as described in 276-3A (2),
the Director may request of the Superintendent of Public Works that a project be
subject to SPR. If the Superintendent and Director concur, then the project shall
be subject to SPR. If they do not agree, the Director may request that Common
Council decide if SPR shall apply. The Director shall, in accordance with 276-
5C, determine if the project requires review by the Board.
B. The following procedures are required for both full site plan review and projects of
limited scope:
(1) Sketch plan conference with planning staff, or when appropriate, with the Board
as a whole. This step may occur before the application for a building permit if it
can be reasonably assumed that SPR would be required, in order to inform the
applicant of the SPR process and to explain the standards for approval, before
substantial time and effort are invested in the preparation of plans. The Director
should determine at this stage whether the proposal is a project of limited scope
as defined in § 276-3B.
(2) Submission of application materials.
(a) Appicants must submit a complete site plan review application, including all
applicable materials as described in the Site Plan Review Checklist, which
may be obtained from the Department of Plannign and Development.
(b) Additional application materials may be required by the Board. Depending
on the scope and complexity of the project, the Board has the discretion to
require applicants to engage the services of licensed design professionals
and other experts such as architects, landscape architects, engineers,
ecologists or surveyors.
(c) For all new construction and reconstruction of single-lot residential
development of a single-family detached or semidetached or a two-family
dwelling, applicants must complete the Residential Infill Neighborhood
Compatibility Review Application, which may be obtained from the
Department of Planning and Development
(3) Environmental review. An environmental review of the proposed development
shall be conducted prior to SPR approval in accordance with § 176 of the City
Code.
C. The following procedures are required for full Site Plan Review and not required for
projects of limited scope:
(1) Public notice
(a) By mail. At least 20 days before the first meeting at which the
Planning and Development Board considers either a determination
of environmental significance or preliminary site plan approval, the
applicant shall notify the record owners by mail of all properties
within 200 feet of the project site. Such notice shall be in the form
approved by the Board, briefly state essential facts about the
proposal, include the proposed site plan, and inform recipients of the
date, time and place of the meeting and the place where further
information about the proposal and the review process may be
obtained. Applicant shall provide the Board with certification of
compliance for notice procedures.
(b) By posting. At least 20 days before the first meeting at which the
Planning and Development Board considers either a determination
of environmental significance or preliminary site plan approval, the
applicant shall post a sign at the center of each property line of the
project site which fronts on a public or private roadway or public
right-of-way. Such signs shall be continuously maintained and
displayed facing the roadway until final action has been taken by the
Board to approve or deny the site plan. The required signs shall be
obtained from the Department of Planning and Development, and a
nonrefundable fee shall be paid for each sign or replacement
obtained. At the time such signs are obtained, the applicant or the
applicant's representative shall indicate, in writing, the date on which
the signs are to be erected.
(c) By newspaper. The hearing on the preliminary site plan shall be
advertised in a newspaper of general circulation in the city at least
five days before the hearing.
(2) Coordination and consultation. SPR projects requiring the review and
approval of the Board may also be reviewed by the Building Department,
the Engineering Office, the Fire Department, the City Forester and any
other city officials or non-city consultants deemed appropriate by the
Planning Board or the Director. Any comments from these reviewers
shall be summarized and forwarded to the Board to aid its decision on the
proposal.
(3) Planning and Development Board meeting. Following timely receipt of a
complete application for site plan approval, the Board shall schedule
consideration of the application at its earliest possible scheduled meeting.
The Board may establish its procedures and requirements, within the
framework provided by this chapter, for conducting site plan review.
(4) Public hearing. Prior to rendering any decision on a SPR application, the
Board shall first hold a public hearing on the proposed development.
This may begin concurrently with any required public hearing for the
purpose of environmental review of the same project and may continue
after any such environmental review public hearing is closed. Public
hearings are not required for projects of limited scope as defined in §
276-3B, unless the project is referred to the Board for SPR
(5) Action on application for site plan approval.
(a) Within 65 days after completion of environmental review on a
complete SPR application, the Board (or the Director if it is a project of
limited scope as defined in § 276-3B) shall render one of the following
decisions:
[1] Preliminary approval only.
[2] Preliminary approval with conditions.
[3] Preliminary and final approval.
[4] Preliminary and final approval with conditions.
[5] Disapproval of the site plan.
(b) In the case where a Board's action is required and where preliminary
approval only is granted, final approval shall be considered at the
earliest scheduled Board meeting subsequent to the applicant's
submittal of an adequately revised site plan, whereupon the Board
shall render one of the following decisions:
[1] Final approval.
[2] Final approval with conditions.
[3] Disapproval of the site plan.
(6) Communication of decision. The Building Commissioner and the
applicant shall be notified, in writing, of a site plan review decision no
later than 10 working days after the date of decision. When a site plan is
approved, a stamped copy of the approved site plan, including any
conditions of approval, shall accompany the notification to the Building
Commissioner.
D. Changes to approved site plan. Proposed changes (whether before or after
construction) to approved site plans must be submitted to the Commissioner for
review to determine whether the effect of the proposed changes warrants
reconsideration of the project's approval status. The Commissioner in consultation
with the Director shall make one of the following determinations:
(1) That the proposed changes do not affect the approval status of the site plan.
(2) That the changes are significant and shall require a reopening of the review.
(3) That the proposed changes are likely to have such an extensive or significant
effect on the project that a new SPR application is required.
E. Extension of deadlines. All deadlines for decisions on an SPR application may be
extended upon mutual agreement by the Board and the applicant.
§ 276-7. Project review criteria.
A. General criteria:
(1) Avoidance or mitigation of any negative impacts. The following shall be
emphasized in particular:
(a) Erosion, sedimentation and siltation control in accordance with §282 of the
City Code.
(b) Protection of significant natural features and areas, including but not limited
to trees, views, watercourses or bodies of water and land forms, on or near
the site. The protection of existing mature vegetation, especially trees over
eight inches DBH (diameter-breast-height) may be required unless a
justification for their removal can be made by the applicant.
(c) Protection of, and compatibility with, other nearby features and areas of
importance to the community, including but not limited to parks, landmarks,
neighborhoods, commercial areas, and historic districts.
(2) Compliance with all other regulations applicable to the development. These
include, but are not limited to, the Zoning Ordinance, Sign Ordinance,
Subdivision Regulations, Storm Water Regulations Ordinance, Landmarks
Preservation Ordinance, Exterior Property Maintenance Ordinance and
Environmental Quality Review Ordinance of the City of Ithaca,iEN and the State
Environmental Quality Review Act.ii[Amended 6-13-2001 by Ord. No. 2001-8]
(3) Improvement of the visual quality of the site and its vicinity through:
(a) The presence of a perceivable form and order in the basic layout of the
major architectural and landscape elements.
(b) The proper and effective use of landscape architectural elements such as
plantings, land forms, water features, paving and lighting, including the
location and appearance of proposed signage. [Amended 3-5-2003 by Ord.
No. 2003-8]
(c) An appropriate arrangement, form, scale, proportion, color, pattern and
texture of buildings and other site improvements.
(d) An appropriate relationship between the proposed development and the
nearby streetscape, landscape, and the built environment.
(e) The integration of works of art on the site where appropriate and possible.
[Added 3-5-2003 by Ord. No. 2003-8]
(f) The appropriate arrangement of landscape and architectural elements to
preserve existing views both to, from and through the site.
(4) Adequate wastewater and sewage disposal facilities. Calculations of the
existing and estimated increased loads on the system may be required.
(5) Adequacy of fire lanes and fire and emergency access and the availability of
fire hydrants.
(6) Safe arrangement of vehicular access, circulation, intersections and traffic
controls. Analysis of the project's impact on parking and traffic may be
required, including sight lines at curb cuts.
(7) Handicap accessibility of buildings, pathways and parking in accordance with
ADA standards.
(8) Safe and convenient pedestrian and bicycle access and circulation, including
provision of sidewalks along public streets, unless applicant demonstrates
that a sidewalk is not feasible due to site constraints. This criterion is subject
to the authority of the Board of Public Works as defined in the City Charter
and City Code.
(9) Open space for play areas and informal recreation in the case of a residential
development.
(10) Provisions for energy efficiency, renewable energy, and green design as
determined by the Board
(11) Conformance to any endorsed or adopted urban design plan or
comprehensive plan relevant to the proposed site.
(12) For new construction of multiple dwellings, commercial buildings and office
buildings, adequate and appropriately located facilities for the storage and
collection of solid waste and recyclable materials shall be required.
Developers of new commercial and mixed-occupancy buildings must design a
waste management system that can support the needs of any allowable use
in the building, including those uses that could result in maximum garbage
generation. Screening of these facilities, as well as other actions relating to
the appearance of the facilities, may be required in accordance with the
Exterior Property Maintenance Ordinance, Chapter 178 of the City of Ithaca
Municipal Code. [Amended 6-13-2001 by Ord. No. 2001-8; 3-5-2003 by Ord.
No. 2003-8]
(13) Shielding or reduction of noise from mechanical equipment and other sources
to the extent reasonably practicable.
(14) Screening or architectural integration of a building’s or structure’s exterior
mechanical equipment.
(15) The scope and definition of the proposed development shall include all
previous development on the property occurring within the past two years
within 200 feet of the proposed development which, when considered
together, may have a substantial aggregate effect on the surrounding
properties. (See definitions of "development" and "affected site area" in § 276-
2B.)
B. Criteria for plant materials and maintenance. All projects shall provide for adequate
types and arrangements of landscaping, both to enhance the site and to
complement the architectural components of the development and to screen or
buffer adjacent uses in public ways. Use of invasive species should be avoided.
Where possible and reasonable, trees shall be planted in an 8’ tree lawn adjacent to
the road. The City Forester shall, when appropriate, be consulted regarding
specifications governing tree species, size, spacing and method and location of
planting. Appropriate guaranties for tree health may be required. Where possible
and reasonable, any trees greater than 8 inches in diameter at breast height of
desirable species and in good health and sound structure, as determined by the City
Forester, should be retained on the site and protected during development per the
requirements of § 306-7B of Chapter 306, Trees and Shrubs.
(1) Deciduous trees shall have a caliper of at least 2 1/2 inches at breast height
(dbh) at the time of planting. Size of evergreen trees and shrubs may vary
depending on location and species.
(2) All plant materials shall be installed to the following standards:
(a.) All planting beds to be excavated to a minimum depth of two feet.
(b.) Tree pits in lawn to be excavated to depth of root ball plus 6” and shall be
3X the width of the root ball.
(c.) All trees in lawn areas to receive 5’ diameter mulch rings.
(d.) Only nursery-grown plant materials shall be acceptable. All trees, shrubs
and ground cover shall comply with applicable requirements of ANSI
Z60.1 “American Standard for Nursery Stock”.
(e.) No plants or trees shall be located beneath building overhangs.
(f.) Depending on site design and soil conditions, structural soil may be
required under sidewalks and in planting beds contiguous to paved areas.
The City Forester and/or the Director shall work with the applicant to
determine the need for structural soil and the extent of its use.
(3) Dead, dying and/or seriously damaged plant materials of the approved site plan
shall be replaced, by the owner, within a reasonable time period during the
current (or immediate next) planting season. Any other damaged or missing
elements, including but not limited to fences, bollards, signs, shrubs, street
furniture, etc., of the approved plan must be similarly replaced by the owner.
This will assure that landscaping remains in compliance with the final site plan as
approved by the Planning and Development Board.
(4) For projects on City property, the City Forester and the Shade Tree Advisory
Committee shall be consulted in plant species selection and planting soil
specification.
(5) Notwithstanding any provision in this chapter or any other City ordinance or
regulation to the contrary, an approved site plan may not be modified without
express written approval of the Planning and Development Board except as
approved by the Building Commissioner upon consultation with the Director as
specified herein above.
C. Criteria for automobile parking areas. All parking areas shall be designed in
conformance with §325.20 of the City Ordinance. The Board may make such
additional reasonable stipulations as it deems appropriate to carry out the intention
of this chapter. (
(1) Parking areas in Residential Zoning Districts. In order to protect the
character of residential areas, plans for parking areas with the capacity of
three or more cars within residential zoning districts must conform to either
the setback compliance method or, at the discretion of the Planning
Board, the landscaping compliance method described respectively in
§ 325-20E(5)(a) and (b). Such plans must also comply with all other
general and specific standards of § 325-20. Where turnarounds, or other
maneuvering spaces not required for access to parking spaces, are
provided that meet minimum size for a parking space, they shall be
counted as a parking space for the purposes of this subsection.
(2) Applicants are encouraged to design parking areas with pervious paving
when feasible.
D. Criteria for Bicycle parking facilities. Bicycle parking shall be required for all uses
requiring site plan review as per Sec. 276-3(A)(1) except as may be determined by
the Board or the Transportation Engineer. Covered bicycle parking is strongly
recommended.
§ 276-8. Fees.
A. Application fees. The application fees shall be based on the total construction,
site work, and landscaping cost and shall be charged in accordance with the
following schedule.
Type of Approval Project Cost Application
Fee
Less and
$10,000
$75
$10,000 to
$50,000
$150
$50,000 to
$100,000
$300
Full Site Plan Review
Over $100,000 $1.50 per
$1,000
Less than
$50,000
$150 *Modified Site Plan
Review
$50,000 or more $250
Limited Site Plan
Review
Any Amount $50
*The Fee Schedule for Modified Site Plan Review applies only to modifications
to the approved site plan that do not trigger reconsideration of the
determination of environmental significance. Modifications that require
additional environmental review shall follow the fee schedule for Full Site Plan
Review .
B. Payment of Fees. For site plan review projects that require a use or area
variance from the BZA, 50% of the fee is due at the time of application and 50%
is due after the Planning Board completes environmental review. For all other
projects, the full fee is due at the time of application.
C. For all government projects and projects that fit the description in Section 276-
3A(2), the site plan review fee shall be waived.
§ 276-9. Performance guaranty.
No certificate of occupancy or certificate of completion shall be issued until all
improvements required by site plan approval are installed, and including any conditions
placed on such approval are fulfilled, or until a sufficient guaranty, in the form of a
performance bond, letter of credit or other security, is in place. The Building
Commissioner shall be responsible for the overall inspection of site improvements.
§ 276-10. Expiration of approval; extension of approval. [Amended 12-12-2001 by
Ord. No. 2001-12]
If the construction of a development has not commenced within two years of the date of
the site plan approval, such approval shall expire, unless an extension has been
granted by the Board following a written request by the applicant. An application for an
extension of SPR approval shall not be considered a new SPR application. This
regulation does not apply to government projects and projects that fit the description in
Section 276-3A(2).
§ 276-11. Enforcement; inspections; penalties for offenses.
Development projects may be periodically inspected for conformance to the approved
site plan, including the maintenance of the viability of the planting required as part of the
site plan approval. If there is nonconformance, or if any conditions of SPR approval are
not fulfilled, no certificate of occupancy or certificate of completion shall be issued.
Where a development reverts to nonconformance after the issuance of a certificate of
occupancy or certificate of completion, current owners of the development shall be
notified, in writing, and given the opportunity to correct the situation. If the Director
determines that the corrective measures are inadequate, the city shall implement any
necessary changes to the site to bring it into conformance, the cost of which shall be
charged to the property owner. In addition, a fine of $50/day may be imposed for any
violations of the provisions of this chapter or of any conditions imposed by a permit
issued pursuant to site plan approval. Development projects shall be inspected at least
once two years after the issuance of a certificate of occupancy or certificate of
completion.
§ 276-12. Appeals.
A. The determination (by the Building Commissioner) of whether a development
proposal is subject to SPR may be appealed to the Board within 30 days of the
written notification that SPR is required.
B. Any person aggrieved by any decision of the Director may appeal to the Board.
C. Any person aggrieved by any decision of the Board, or any officer or agency of the
city, regarding SPR, may apply to the Supreme Court for review by a proceeding
under Article 78 of the Civil Practice Law and Rules.
Section 2: Severability.
If any section, paragraph or provision of this chapter shall be determined to be invalid,
such invalidity shall apply only to the section, paragraph or provision adjudged invalid,
and the rest of this chapter shall remain valid and effective.
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.
10.2 An Ordinance to Amend the Municipal Code of the City of Ithaca, Chapter
325, entitled “Zoning” to amend the Waterfront Zoning
ORDINANCE NO. 2012-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325, Section 325-16E be amended to read as follows:
Section 1. Section 325-16E., of the Municipal Code of the City of Ithaca, is hereby
amended to read as follows:
325-16.
E. Notwithstanding anything to the contrary contained herein, in the WF-1
and WF-2 District:
(1) All buildings erected in the WF-1 and WF-2 zoning districts shall have
a maximum building height of 63 feet with a minimum of 12 feet and a
maximum of 15 for the first story measured from finished grade, and a
minimum of 10 and a maximum of 12 feet for each additional story
measured from floor to floor, with an additional 5 feet for cornice. All new
construction is subject to a mandatory design review process. (Refer to
Code of the City of Ithaca, Chapter 325, Zoning, Section 325-3.B.,
Definitions and Word Usage, HEIGHT OF BUILDING)
Section 2. The newly adopted language above for Section 325-16E will replace, in its
entirety, the following language that was adopted as a part of ordinance 2011-13, but
was inadvertently not placed in the City Code book:
Maximum Building Heights:
1. Maximum 5 stories, A minimum of 12 feet for the first story
measured from finished grade, and a maximum of 12 feet for each
additional story, for a maximum of 63 feet, with an additional 5
feet for cornice. All new construction is subject to a mandatory
design review process.
(Refer to Code of the City of Ithaca, Chapter 325, Zoning, Section
325-3.B., Definitions and Word Usage, HEIGHT OF BUILDING)
Section 3. The City Planning and Development Board, the City Clerk and the Planning
Department shall amend the zoning map and the district regulations chart in accordance
with the amendments made herewith.
Section 4: 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 5. Effective date. This ordinance shall take affect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Back-Up Information Item 10.2
To: Common Council
From: JoAnn Cornish, Director of Planning and Development
Date: October, 23, 2012, Revised October 28, 2012
Re: Revised Proposed Minor Non-Substantive Waterfront Zoning Amendment
On October 24, 2012, at a special meeting of the Planning Committee, a proposed
minor non substantive zoning amendment to the Waterfront Zoning District was
unanimously passed for Council consideration.
Mistakenly, planning staff supplied a copy of the waterfront zoning ordinance that was
adopted in 2004, not the 2011 amended ordinance. Additionally, the City Code has not
been updated with the new maximum building height regulations. Enclosed please
find a revised draft ordinance intended to accurately update the code and to
adopt the proposed non substantive changes. The proposed language for Chapter
325-16E., of the City Code, reflects the language that was passed in 2011, (and never
revised in the code) as well as the proposed minor revision to the maximum height
requirements.
Background
The existing waterfront zoning ordinance lists a maximum height limit of 5 stories. The
ordinance also lists a maximum height per floor, for a total maximum height limit of 63
feet. The City has recently been approached by a developer interested in constructing a
building within the waterfront zone that is within the allowable height limit (63’), but
exceeds 5 stories.
In the Waterfront Zone, it has been the city’s vision to promote density, pedestrian
access, and mixed use, consisting of commercial, retail, and housing. The height and
story maximum in the current waterfront zone was intended to limit the height of
buildings and protect the view-shed while motivating higher quality design, and
providing public access to the waterfront;
• the 5 story, 63’ maximum is intended to mitigate the effect of “squeezing” the
maximum amount of living space under the 63’ height restriction while allowing
sufficient space for mechanical equipment and ducts;
• developable space in the waterfront district is at a premium and surface parking
is not the highest and best use for the land available. A 63’ high building with 5
levels over parking can still have the required 12’ ground level (to accommodate
first floor commercial and/or office space) and 5 stories above with 10’ floor-to-
floor, allowing ample space for mechanical equipment while maintaining the 63’
height limit without having inadequate floor-to-ceiling distances;
• any possible undesired consequences of this non-substantive change would
still be captured in the mandatory design review process;
The City attorney has advised that the zoning ordinance may be clarified to state 5
stories, with a maximum of 15’ for the first floor and a maximum of 12’ per additional
story or 63’ maximum. Given that the maximum height requirement will not change, and
therefore the overall intent of the regulation will not change, the City attorney has
advised that this is a non substantive change and can be put through an expedited
process. The expedited process requires an action by the Common Council, but does
not require an environmental review.
If you have any questions, feel free to contact me at 274-6566 or Jennifer Kusznir at
274-6410.
10.3 Endorsement of Revisions to City of Ithaca Community Investment
Incentive Program (CIIP) - Resolution
WHEREAS, On July 5, 2000, the Common Council unanimously requested that the
Tompkins County Industrial Development Agency (“IDA”) undertake a program to
provide financial incentives for development of multi-story buildings within a density
target area encompassing the downtown Central Business District, the West State
Street corridor, the West End, and Inlet Island, and
WHEREAS, that program was accepted by the IDA in 2001 and remained in operation
for five years, and
WHEREAS, in 2006, the City endorsed the continuation of an IDA program of local tax
abatements, as a tool for encouraging appropriate real estate and business investment
in the urban core of the city; and it requested the IDA establish the CIIP ― through
which, projects would be reviewed by the community and evaluated by Common
Council, and (if endorsed by Common Council) proposed for recommendation by the
Mayor to the IDA as eligible for tax abatements, and
WHEREAS, in the six years that the CIIP has been in operation, only one developer
was able to successfully obtain tax credits, and
WHEREAS, the original intent of the CIIP was to encourage developers to invest in the
community; however, the program, as it was established, has actually been found to
work as a disincentive for developers, because the process is too cumbersome, time-
consuming, and expensive, and
WHEREAS, a small working group consisting of City Planning and IURA staff, Council
members, and TCAD staff has been reviewing the CIIP, and
WHEREAS, it has been determined that including all of the benefit requirements into a
tax abatement application has not been successful, and
WHEREAS, the working group has drafted revisions to the application that would allow
developers to apply for tax abatement if they meet minimum size, location, and density
requirements, and
WHEREAS, the City feels that the minimum thresholds that have been established in
this revised application will allow for more flexibility for developers and encourage
additional development in the core of the City, thereby achieving the original goal of this
program; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council finds that the IDA density
incentive program is a vital tool to (1) strengthen and enhance the downtown with new
housing and other mixed-use developments, and (2) locate new compact development
in nodal centers identified in the County Comprehensive Plan, such as the City of
Ithaca’s downtown areas, thereby combating sprawl development, and be it further
RESOLVED, That the City of Ithaca does hereby request the continuation of the IDA’s
density incentive program as a tool for encouraging appropriate real estate and
business investment in the core areas in Tompkins County, but that it be revised in
accordance with the Community Incentive Investment Program with the 2012 revisions,
and be it further
RESOLVED, That the geographic area within the City of Ithaca to be targeted under this
Program should be the current density target area, encompassing the downtown
business improvement district area, the West State Street corridor, the West End, and
the Inlet Island waterfront area.
9
I. Objective
In conjunction with the goals of the Tompkins County Comprehensive Plan, the
objective of the CIIP is to encourage development in the City that would increase
jobs, increase the tax base, promote density in the City core, to encourage
rehabilitation and redevelopment of underutilized sites and to help create a vibrant
downtown center. Specifically the goals, as stated in the Tompkins County
Comprehensive Plan, are as follows:
■ Strengthen and enhance the City of Ithaca’s downtown area as the
urban center of the county.
■ Increase the amount and density of housing and business space in the
central business districts throughout the county.
■ Promote greater density by encouraging development of existing
“gaps” left by abandoned buildings and vacant parcels.
II. Eligibility Criteria
Project sponsors applying for tax abatement(s) under the City of Ithaca Community
Investment Incentive Program must meet the following size, density, and location
requirements:
1.) Project Size Requirement - In order to meet the minimum project size
requirement to be eligible for tax abatements under the CIIP program, a project
must provide a letter from the Tompkins County Assessment Office that states
that the project will result in an estimated increase in the assessed value of the
property by at least $500,000.
2.) Project Density Requirement - In order to meet the minimum density
requirement to be eligible for tax abatement under the CIIP program, a project
must either:
Contain a minimum of 3 occupiable stories in
height.
or
Must be a major restoration of an existing
structure.
The Community Investment Incentive Program (CIIP) is a property tax abatement program that allows
property owners to apply for abatement for a portion of their property taxes for a period of up to 7
3.) Project Location Requirement - In order to meet the location requirement to
be eligible for tax abatement under the CIIP program, a project must either:
Be located in the City of Ithaca Density District
or
Be a redevelopment of a Brownfield site that is
registered as a DEC inactive hazardous waste
site.
http://www.dec.ny.gov/cfmx/extapps/derexternal/in
dex.cfm?pageid=3
Eligibility is determined by the Mayor of the City of Ithaca, based on the above-
stated criteria. Once eligibility has been determined, the Mayor will provide a letter
of endorsement to the Tompkins County Industrial Development Agency (IDA).
(See Section IV for complete application process.)
II. Density District Boundary
III. Incentive Package
Property Tax Abatement – The standard CIIP property tax abatement will begin at 90%
in year one and decrease in equal increments over seven (7) years. Applicants may
request a enhanced property tax abatement that begins at 100% in year one and
decreases in equal increments over ten (10) years if the applicant can demonstrate
financial need as determined by a review by IDA administrative staff of the project pro
forma and demonstration of a return on investment less than 20% in the first five years.
The abatement will only impact taxes on improvements to the property and not taxes on
the existing value.
The IDA retains the ability to offer more than the standard abatement package based on
an analysis of the impact on the economy, the needs of the business, and input from the
City of Ithaca. The IDA may negotiate additional abatements based on financial need.
• Sales Tax Abatement – The applicant will be exempt from both the
local and State portion of sales tax on construction materials,
equipment, and furnishings associated with the project.
• Mortgage Recording Tax – The applicant will be exempt from the State
portion of the Mortgage Recording Tax ($2.50 per $1,000)
IV. Application Process
Tompkins County Area Development, Inc. (TCAD) provides administrative and
marketing services to the IDA. Potential applicants should contact the City Planning
Department to schedule a meeting with Planning Staff and TCAD staff to determine
project eligibility.
If the project appears to be eligible, TCAD will assist with completing the application for
assistance. It is strongly advised that potential applicants schedule the initial eligibility
determination meeting as early in the process as possible in order to determine if the
dollar value of the proposed incentives exceeds the associated fees.
Based on the nature of the project and the incentives requested, the following will occur:
1. Eligibility Determination Meeting - A developer seeking a tax abatement
under this program must first have a joint meeting with staff from TCAD
and the City Planning Department.
2. CIIP Application - A developer must submit a completed CIIP application
to the City of Ithaca Planning Department. The application will be
reviewed for completeness and will be submitted to the Mayor for
consideration.
3. Public Information Session – The City will schedule a public information
session, at which the developer will be responsible for presenting
information about the project and answering questions from the public.
The City will advertise the public information session with a press
release to the local media. The developer is responsible for posting the
property at least 5 days prior to the public information session, with the
date, time and location of the meeting.
4. City Approval– A City CIIP Review Committee, consisting of the Mayor,
the Director of Planning and Development, and the Director of the
community development for the IURA, will consider project approval,
based on the stated criteria density, size, and location. If criteria are
satisfied, the CIIP review committee will forward the completed
application, along with a letter of approval to the IDA.
5. IDA Application –A developer will submit a standard IDA application to
the IDA for consideration in addition to the CIIP application and Mayor’s
approval letter. The IDA will make an independent determination of the
project.
6. Public Hearing – Following an initial review, the IDA will, if favorably
disposed toward a project, schedule a public hearing on the proposed
incentive package. Standard IDA policies apply with regards to public
hearing notification and other requirements.
7. IDA Determination – Following a public hearing, the IDA will make a
conditioned determination on the project. No final decision may be
reached by the IDA until SEQR requirements have been met by the
developer.
8. Notification and Reporting – The IDA will notify the City of Ithaca and
appropriate taxing jurisdictions once a project is approved. The IDA may
diminish or rescind incentives should the project materially change. IDA
agreements generally have claw back requirements.
9. Applications under this policy may not be accepted after December 31,
2017 unless the IDA and City of Ithaca vote to extend the policy beyond
that date.
Refer to the Tompkins County Industrial Development Agency Mission, Policies and
Procedures for additional information.
V. Application Fees
The applicant is responsible for payment of the following fees associated with the CIIP
process.
1. Administrative Fees -The applicant is responsible for paying the IDA
Administrative Fee at the time of closing. This fee will be equal to 1% of the
total value of expenses that are positively impacted by IDA incentives. This
includes the value of construction of improvements to property that is
impacted by property and sales tax abatement and the value of furniture,
fixtures and equipment that are impacted by sales tax abatement. It will not
include any purchases, such as manufacturing equipment, where the IDA
does not deliver an incentive. Soft Costs (legal, consulting, financial,
architectural and engineering fees) will be included in the amount considered
as total value of expenses. In an attempt to make its incentive program cost
effective for smaller projects, the IDA will reimburse the applicant for 100% of
the Administrative Fee, IDA Counsel Fee, and IDA Bond Counsel Fee
associated with the IDA involvement in the project if the total project cost is
less than $1 Million. For total project cost greater than $1 Million but less than
$2 Million, the reimbursement of fees will be reimbursed on a sliding scale
that declines from 100% to 0% gradually based on project size. There will be
no reimbursement of fees for projects with costs over $2 Million. The
reimbursement will take the form of additional property tax abatement
credited to the business in the initial years of the Payment In Lieu of Tax
agreement (PILOT). The IDA retains the right to determine the credit the
applicant will receive. For projects where there is no property tax abatement,
there will not be any form of fee reimbursement.
2. IDA Counsel Fees – The applicant is also responsible for paying the IDA for
all legal costs it incurs including IDA Counsel and Bond Counsel fees.
3. Applicant Attorney Fees – The applicant is responsible for its own attorney
fees associated with closing IDA incentives.
III. Tax Abatement Application
CCIIIIPP AApppplliiccaattiioonn ffoorr TTaaxx AAbbaatteemmeenntt
The City of Ithaca Community Investment Incentive Program provides incentives for
investment in the City. The incentives include property tax reductions and/or
abatements for a period of up to 7 years. Applicants and projects must meet the
minimum eligibility requirements (see application Part 5) in order to apply for the
program
Part 1. –Applicant Information
Application Date:____/____/_____
Company/Applicant
Name:________________________________________________
Primary
Contact:________________________________________________________
Address:________________________City:__________State:______Zip:__________
Phone:_________________________Email:_________________________________
Applicant
Attorney:______________________________________________________
Attorney
Address:_________________City:__________State:______Zip:__________
Attorney
Phone:___________________Email:_________________________________
Applicant
Accountant:____________________________________________________
Accountant
Address:________________City:__________State:_____Zip:_________
Accountant
Phone:_________________Email:________________________________
Applicant
Engineer/Architect:______________________________________________
Address:________________________City:__________State:______Zip:__________
Phone:_________________________Email:_________________________________
Will a separate company hold title to/own property in question that is separate
from the operating company? If yes, please provide the name and contact
information for that entity.
Company Name:________________________________________________
Primary
Contact:________________________________________________________
Address:_______________________City:__________State:______Zip:__________
Phone:________________________Email:_________________________________
Describe the terms and conditions of the lease between the applicant and the
owner of the
property:__________________________________________________________
_____________________________________________________________________
Part 2. –Business History
Year Company was Founded:______
Type of Ownership (Corporation, LLC, Sole Proprietor):_____________________
Product or Service:___________________________________________________
____________________________________________________________________
Major Customers:_____________________________________________________
_____________________________________________________________________
Major Suppliers:______________________________________________________
_____________________________________________________________________
Major Local Competitors:_______________________________________________
______________________________________________________________________
Part 3. –Project Description
Project
Narrative:________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
______________________________________________________________________
_____________________________________________________________________
Project
Location:________________________________________________________
Property Size (acres) - both existing &
proposed:_____________________________
Building Size (square feet) - both existing &
proposed:_________________________
Proposed Project Start & Completion
Dates:_________________________________
Do you certify that this project will not result in the relocation of all or part of any
business or jobs from another county within New York State to Tompkins
County? ______Yes ______No
List the names, nature of business of proposed tenants, and percentage of total
square footage to be used for each tenant (additional sheets may be attached, if
necessary):___________________________________________________________
______________________________________________________________________
______________________________________________________________________
_____________________________________________________________________
____________________________________________________________________
______________________________________________________________________
_____________________________________________________________________
Part 4. –Project Costs
Value of land to be acquired (if
any):________________________________________
Value of buildings to be acquired (if
any):____________________________________
Cost of New Construction:___________________% subject to local sales
tax_______
Value of Improvements:_____________________% subject to local sales
tax_______
Value of Equipment to be Acquired:___________% subject to local sales
tax_______
Other:____________________________________% subject to local sales
tax_______
Total:____________________
Part 5. – Criteria
Will the proposed project result in an increase to the tax roll value of new real property
by at least $500,000? ________
Does this project contain at least three occupiable stories? __________________
Proposed Height (in stories and feet):___________________
Does the project include a rehab of an existing structure? ____________
Is the project located in the City of Ithaca Density District? __________
Does the project contain the redevelopment of a Brownfield site? _________
IV. Certification___________________________________________________
_______________________________________________________deposes that he/she is the _______________
(Name of chief executive officer of company submitting application) (Title)
Of ___________________ , the corporation named in the attached application; That he/she has
(Company Name)
read the foregoing application and knows the contents thereof; that the same is true to
his knowledge. Deponent further says that the reason this verification is made by the
deponent and not by ____________________________ is because the said company is a
corporation.
(Company Name)
The grounds of deponent’s belief relative to all matters in the said application which are
not stated upon his own personal knowledge, are investigations which deponent has
caused to be made concerning the subject matter of this application as well as
information acquired by deponent in the course of his duties as an officer of and from
the books and papers of said corporation.
As an officer of said corporation (hereinafter referred to as the “Applicant”), deponent
acknowledges and agrees that applicant shall be and is responsible for all costs
incurred by the nonprofit Tompkins County Industrial Development Agency (hereinafter
referred to as the “Agency”) acting in behalf of the attached application whether or not
the application, the project it describes, the attendant negotiations and ultimately the
necessary issue of bonds or transfer of title are ever carried to successful conclusion. If,
for any reason whatsoever, the Applicant fails to conclude or consummate necessary
negotiations or fails to act within a reasonable or specified period of time to take
reasonable, proper, or requested action, or withdraws, abandons, cancels, or neglects
the application or if the Agency or Applicant are unable to find buyers willing to
purchase the total bond issue required or financing for the project, then upon
presentation of invoice, the Applicant shall pay to the Agency, its agents, or assigns all
actual costs involved in conduct of the application, up to that date and time, including
but not limited to fees of bond counsel for the Agency and fees of general counsel for
the Agency. Upon successful conclusion and sale of the required bond issue or transfer
of title the Applicant shall pay to the Agency an administrative fee set by the Agency,
not to exceed an amount equal to 1% of the total project cost. The cost incurred by the
Agency and paid by the Applicant, including bond counsel, the Agency’s general
counsel’s fees and the Agency’s administrative fees, may be considered as a cost of the
project and included as part of the resultant bond issue.
___________________________________________________
(Signature of chief officer of company submitting application)
NOTARY
Sworn to before me this
_______ day of ______________, 20______
____________________________________
V. Completion Status (To be Completed by Staff)
Eligibility Criteria:
Size ________________
Density ________________
Location ________________
Additional Documentation Submitted: _____________
Staff Review Date______________
Mayor’s Endorsement date_____________
11. GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE:
11.1 Common Council Rules of Procedure – Council Member replacement
Process - Resolution
WHEREAS, the Government Performance and Accountability (GPA) Committee was
charged with fostering greater governmental accountability by setting priorities for
analyzing the efficiency of city government operations, and
WHEREAS, the Common Council Rules of Procedure have not been reviewed and
revised since 2006 and Council believes that it could operate with greater efficiency with
the addition of formal procedures to address mid-term vacancies on Council and the
removal of Council members for cause; now, therefore, be it
RESOLVED, That the Common Council Rules of Procedure be amended to add two
new sections (the remainder of the document will be formatted after additional revisions
are complete) as follows:
“VII. Vacancies
i. In the event that a vacancy is created on Common Council pursuant to Article 3
of New York State Public Officers Law, Council shall fill such vacancy until the
next regularly scheduled municipal election.
ii. A Council Selection Committee shall consist of:
a. The Mayor;
b. The Council member from the same Ward in which the vacancy has been
created;
c. Another member of Council as selected by the Mayor.
iii. Within 7 days of the receipt of written notice of the creation of a vacancy, the City
Clerk shall post a notice of vacancy and request that interested candidates
submit an application to the City Clerk.
iv. The Council Selection Committee shall review applications and schedule a
meeting at which candidates have the opportunity to present themselves and
answer questions.
v. The Council Selection Committee shall, within 30 days of the posting of the
vacancy by the City Clerk, present a recommended candidate to Common
Council for a vote. The candidate shall be approved upon majority vote of
Common Council.
vi. Approved candidates shall be seated at the next Common Council meeting.
vii. In the event that Common Council does not approve the recommended
candidate, the Council Selection Committee shall have the option of
presenting an alternate candidate at the same meeting, or tabling the
recommendation until the next Common Council meeting.
VIII. Removal of a Council Member "
Common Council may initiative the removal of a Common Council member for
misconduct or abrogation of duties, otherwise being unfit for services OR pursuant to
New York State Public Officers Law 3-1, failure to maintain residence in the Ward for
which the member was elected, as defined in as defined in City Code § 90-67(B)(2).
i. Robert’s Rules of Order shall govern the process for investigating a claim that a
member is unfit for membership and ultimately removing a Common Council
member from office.
ii. Removal of a Common Council member shall create a vacancy, pursuant to
Article 3 of New York State Public Officers Law, which shall be filled as
outlined in Section VII above.”
14. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
Resolution of the City of Ithaca to Environmental Protection Agency
Administrator Lisa P. Jackson in Support of Reducing Greenhouse Gas Pollution
Under the Clean Air Act
WHEREAS, the decade from 2000 to 2010 was the warmest on record 1, and 2005 and
2010 tied for the hottest years on record 2; and
WHEREAS, the current level of CO2 in the atmosphere is approximately 392 parts per
million 3 (ppm); and
WHEREAS, one of the world’s leading climate scientists, Dr. James Hansen, stated in
2008: “If humanity wishes to preserve a planet similar to that on which civilization
developed and to which life on Earth is adapted, paleoclimate evidence and climate
change suggest that CO2 will need to be reduced from its current 385 ppm to at most
350 ppm 4; and
WHEREAS, the Environmental Protection Agency determined that current and future
greenhouse gas concentrations endanger public health 5, and according to the Global
Humanitarian Forum climate change is already responsible every year for some
300,000 deaths, 325 million people seriously affected, and economic losses worldwide
of U.S. $125 billion 6; and
WHEREAS, extreme weather events, most notably heat waves and precipitation
extremes, are striking with increased frequency 7, with deadly consequences for people
and wildlife; in the United States in 2011 alone, a record 14 weather and climate
disasters occurred, including droughts, heat waves, and floods, that cost at least $US 1
billion each in damages and loss of human lives 8; and
WHEREAS, climate change is affecting food security by negatively impacting the growth
and yields of important crops 9, and droughts, floods and changes in snowpack are
altering water supplies 10; and
WHEREAS, scientists have concluded that by 2100 as many as one in 10 species may
be on the verge of extinction due to climate change 11; and
WHEREAS, the world’s land-based ice is rapidly melting, threatening water supplies in
many regions and raising sea levels 12, and Arctic summer sea ice extent has
decreased to about half what it was several decades ago 13, with an accompanying
drastic reduction in sea-ice thickness and volume 14, which is severely jeopardizing ice-
dependent animals 15; and
WHEREAS, sea level is rising faster along the U.S. East Coast than it has for at least
2,000 years 16, is accelerating in pace 17, and could rise by one to two meters in this
century, threatening millions of Americans with severe flooding 18; and
WHEREAS, for four decades, the Clean Air Act has protected the air we breathe
through a proven, comprehensive, successful system of pollution control that saves
lives and creates economic benefits exceeding its costs by many times 19; and
WHEREAS, with the Clean Air Act, air quality in this country has improved significantly
since 1970, despite major growth both in our economy and industrial production; and
WHEREAS, between 1970 and 1990, the six main pollutants covered by the Clean Air
Act — particulate matter and ground-level ozone (both of which contribute to smog and
asthma), carbon monoxide, lead, sulfur and nitrogen oxides (the pollutants that cause
acid rain) — were reduced by between 47 percent and 93 percent, and airborne lead
was virtually eliminated; and
WHEREAS, the Clean Air Act has produced economic benefits valued at $2 trillion or 30
times the cost of regulation; and
WHEREAS, the U.S. Supreme Court ruled in Massachusetts vs. EPA (2007) that
greenhouse gases are “air pollutants” as defined by the Clean Air Act and the
Environmental Protection Agency has the authority to regulate them; and
WHEREAS, the City of Ithaca prides itself on being a leader in the fight against climate
change and for clean air, and has adopted a Local Action Plan to reduce its own
greenhouse gas emissions; now therefore be it
RESOLVED, That climate change is not an abstract problem for the future or one that
will only affect far-distant places but rather climate change is happening now, we are
causing it, and the longer we wait to act, the more we lose and the more difficult the
problem will be to solve; and we, the Ithaca Common Council, on behalf of the residents
of Ithaca, do hereby urge the administrator of the Environmental Protection Agency,
Lisa P. Jackson, and President Barack Obama to move swiftly to fully employ and
enforce the Clean Air Act to do our part to reduce carbon in our atmosphere to no more
than 350 parts per million, and be it further
RESOLVED, That the City Clerk shall forward a copy of this resolution to Lisa P.
Jackson of the Environmental Protection Agency and President Barack Obama.
15. MAYOR’S APPOINTMENTS:
15.1 Reappointments to Various City Boards/Committees - Resolution
Reappointment to Bicycle Pedestrian Advisory Council – Resolution
RESOLVED, That Garin Danner be reappointed to the Bicycle Pedestrian Advisory
Council with a term to expire December 31, 2015, and be it further
Reappointment to Building Code Board of Appeals – Resolution
RESOLVED, That Ernie Bayles be reappointed to the Building Code Board of Appeals
with a term to expire December 31, 2015, and be it further
Reappointment to Commons Advisory Board – Resolution
RESOLVED, That Nancy Brooks be reappointed to the Commons Advisory Board with
a term to expire December 31, 2015, and be it further
Reappointment to Community Police Board – Resolution
RESOLVED, That Shirley M. Kane be reappointed to the Community Police Board with
a term to expire December 31, 2015, and be it further
Appointment to Community Police Board – Resolution
RESOLVED, That Marion Craig DaGrossa be appointed to fill a vacancy on the
Community Police Board with a term to expire December 31, 2014, and be it further
Reappointment to Conservation Advisory Council – Resolution
RESOLVED, That Eva Birk be reappointed to the Conservation Advisory Council with a
term to expire December 31, 2016.
Reappointment to Housing Board of Review – Resolution
RESOLVED, That Christopher Anagnost be reappointed to the Housing Board of
Review with a term to expire December 31, 2015, and be it further
Reappointment to Ithaca Landmarks Preservation Commission – Resolution
RESOLVED, That Susan Stein be reappointed to the Ithaca Landmarks Preservation
Commission with a term to expire December 31, 2015, and be it further
Reappointment to Parks Commission – Resolution
RESOLVED, That Daniel Klein be reappointed to the Parks Commission with a term to
expire December 31, 2015, and be it further
RESOLVED, That Lawrence J. Fabbroni be reappointed to the Parks Commission with
a term to expire December 31, 2015, and be it further
Reappointment to Planning and Development Board – Resolution
RESOLVED, That Govind Acharya be reappointed to the Planning and Development
Board with a term to expire December 31, 2013, and be it further
RESOLVED, That Noah Demarest be reappointed to the Planning and Development
Board with a term to expire December 31, 2015, and be it further
Reappointment to Public Art Commission – Resolution
RESOLVED, That Jessica Shurberg be reappointed to the Public Art Commission with
a term to expire June 30, 2015, and be it further
Reappointment to Shade Tree Advisory Committee – Resolution
RESOLVED, That Debra Statton be reappointed to the Shade Tree Advisory Committee
with a term to expire December 31, 2015.