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HomeMy WebLinkAbout09-04-13 Common Council Meeting Agenda OFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, September 4, 2013, 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: 4. SPECIAL ORDER OF BUSINESS: 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR— COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: City Clerk's Office: 8.1 Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider Tasting and Sale of Bottled Wine, Beer, and Hard Cider at the 2013 Apple Harvest Festival — Resolution City Administration Committee: 8.2 Youth Bureau — Request to Amend 2013 Roster - Resolution 8.3 GIAC — Request to Amend Budget for Grant - Resolution 9. GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE: 9.1 A Local Law entitled "City of Ithaca Local Law Concerning Sidewalk Improvement Districts" 9.2 Update on last meeting from Committee Chair Mohlenhoff 10. CITY ADMINISTRATION COMMITTEE: 10.1 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 342 entitled "Streets and Sidewalks", Section 342-18 entitled "Duty to Construct and Maintain Sidewalks" 10.2 Clerk's Office - Amendment to Capital Project#783 — E-mail System Replacement Project - Resolution 10.3 DPW - Lake Street Bridge Rehabilitation Project - Resolution 10.4 DPW - Request for Funding for Historic Gravestone Conservation Workshop at Ithaca City Cemetery - Resolution 10.5 City Controller's Report Common Council Meeting Agenda September 4, 2013 — Page 2 11. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 11.1 Environmental Review for the Allocation of Funds for the 2013 Ithaca Urban Renewal Agency (IURA) Action Plan - Resolutions A) City of Ithaca 2013 Entitlement Grant Action Plan —Environmental Review - Resolution B) Environmental Review of the 2013 Action Plan - Resolution 11.2 Approval of Property Disposition to Ithaca Neighborhood Housing Services, Inc. — 402 South Cayuga Street and 203 Third Street—Authorize Sale To Ithaca Neighborhood Housing Services, Inc. — Resolution 11.3 Approval to Change Previously Approved Terms of Disposition for 213-215 West Spencer Street and 701 Cliff Street - Resolution 11.4 Resolution Directing the City of Ithaca Engineering Division to Analyze and Recommend Potential Improvements to the Spencer/Stone Quarry Road Intersection & Pedestrian Connections to the City Sidewalk Network 12. REPORTS OF SPECIAL COMMITTEES: 13. NEW BUSINESS: 14. INDIVIDUAL MEMBER— FILED RESOLUTIONS: 14.1 Alderperson Proulx - Resolution Reopening Section 384-d of the Retirement and Social Security law for James Crowley as set forth in Chapter 206, Laws of 2013 15. MAYOR'S APPOINTMENTS: 15.1 Appointments to Various City Boards and Committees — Resolution 16. REPORTS OF COMMON COUNCIL LIAISONS: 17. REPORT OF CITY CLERK: 18. REPORT OF CITY ATTORNEY: 19. MINUTES FROM PREVIOUS MEETINGS: 19.1 Approval of the July 17, 2013 Special Common Council Meeting Minutes - Resolution 19.2 Approval of the July 31, 2013 Special Common Council Meeting Minutes— Resolution 19.3 Approval of the August 7, 2013 Regular 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 Date: August 29, 2013 City Clerk 8. CONSENT AGENDA ITEMS: City Clerk's Office: 8.1 Request of Downtown Ithaca Alliance to Permit Wine Beer, and Hard Cider Tasting and Sale of Bottled Wine Beer, and Hard Cider at the 2013 Apple Harvest Festival — Resolution WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer, and hard cider tasting and sales as part of the 2013 Apple Harvest Festival; now, therefore, be it RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine, beer, and hard cider tasting and sale of bottled wine, beer, and hard cider at booths during the Apple Harvest Festival on the Ithaca Commons„ October 4-6, 2013, and, be it further RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wine, beer, and hard cider on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating winery, brewery or cider company shall agree to maintain liability insurance in the amount of$1,000,000.00 and Dram Shop Act coverage in the minimum amount of$1,000,000.00 naming the City of Ithaca as an additional insured, and shall provide evidence of such insurance to the City Clerk prior to the event. i City Administration Committee — Consent Items 8.2 Youth Bureau — Request to Amend 2013 Roster - Resolution WHEREAS, the Ithaca Youth Bureau has proposed to add a fulitime (35 hours) Recreation Program Specialist to the roster, eliminate funding for an existing Recreation Coordinator position and leave the position vacant, WHEREAS, the 'Youth Bureau has worked closely with the Human Resources Department to develop this proposal and anticipates formal adoption for the position by the Civil Services Commission in September; now, therefore, be it RESOLVED, That Common Council hereby amends the 2013 roster as follows: Delete; One (1) Recreation Coordinator Position (35 hour) Add: One (1) Recreation Program Specialist (35 hour) and be it further RESOLVED, That said roster amendment will be made within existing funds of the 2013 authorized Youth Bureau Budget, and be it further RESOLVED, That this roster amendment is contingent on approval by the Civil Service Commission. ©y40h 6ur'O, 0 • Ithaca Youth Bureau I y 3 1 James L. Gibbs Drive r Ithaca, New York 14850 Phone: (607) 273-8364 •�K�� Fax: (607) 273-2817 "Building a foundation for a lifetime." Pack , UP-Tk-ft 2- To: City Administration Committee From: Liz Vance, Acting Director Re: 2013 Roster amendment Date: 8/14/13 The Youth Bureau is requesting to add a full time (35 hours) Recreation Program Speciaiist position to the roster. The recently vacated Recreation Coordinator position will remain vacant and no additional funding will be required. i We have worked closely with the Human Resources Department closely to develop this position. We anticipate a formal adoption by the Civil Service Commission after their review in September. &3 GIAC — Request to Amend Budget for Grant - Resolution WHEREAS, the Greater Ithaca Activities Center (GIAC) received a grant in the amount of $5,986 from the Park Foundation to assist with the computer lab program, and WHEREAS, the grant funds will be used to purchase computers for the GIAC lab; now, therefore be it RESOLVED, That Common Council hereby amends the 2013 authorized budget for GIAC in an amount not to exceed $5,986 for the purposes of accounting for said grant as follows; Increase Revenues: A7311-2705 Gifts and Donations $5,986 Increase Appropriations: A7311-5210-1100 Office Equipment $5,986 9. GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE: 9.1 A Local Law entitled "City of Ithaca Local Law Concerning Sidewalk Improvement Districts" Local Law No. -2013 WHEREAS the City's current sidewalk policy, in which the full cost of sidewalk construction and repair is assessed against the abutting property owner, results in unpredictable, large, lump-sum charges against property owners, and as a result has discouraged the construction and repair of sidewalk throughout the City, and WHEREAS a comprehensive and high-quality network of sidewalks is beneficial to residents, businesses, organizations, and individual property owners beyond the abutting property owners, and WHEREAS pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements, BE IT ENACTED by the Common Council of the City of Ithaca as follows; Saction 1. Legii2lative Find ings—Intent, and Purpose. Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements. Under the City's current policy, the abutting property owner is responsible for the full sidewalk construction and repair costs. This policy has led to the construction of very little new sidewalk in the last twenty years, and the enforcement of the repair policy is administratively difficult and leads to repair delays. The Common Council makes the following findings of fact: A. Residents, businesses, organizations, and individual property owners beyond the abutting property owner are benefited by a comprehensive and high-quality network of sidewalks. Q. Abutting property owners are better served by paying an annual assessment for the construction and repair of sidewalks near their property, rather than face unpredictable, large, lump-sum assessments for construction and repair of abutting sidewalk. C. Sidewalks are appropriately designated as a local improvement for which property owners may be assessed in proportion to the benefit the property receives, and such assessments are necessary to defray the cost of construction and maintenance of sidewalk in the City. The Common Council finds that the creation of several Sidewalk Improvement Districts is the most efficient and effective way to meet the need for sidewalk construction and repair and to recognize the proportional benefits and enhanced property value received by property owners due to such work. The Common Council also considers sidewalk accessibility to be an important goal that is supported by this local law. Section 2. Charter Amendments. Section C-114(,A) of the Ithaca City Charter is hereby amended as follows- LOCAL IMPRQVEMENT Any public improvement or work, the expense of which is direclgd by the Common Council to be assessed in whole or in part upon the wrol2erty or 12roper-ties deemed b n fi d. TAX In addition to its usual meaning, includes water rents or rates [and assessmeRtS rv.r_reassessments fvr arGal imnrr,rramr�n+cl JJ Section 3. Previous Sidewalk Assessment Policy. Existing Section C-73 of the City Charter is hereby redesignated as Section C-73.1, entitled "Sidewalks Not Included in Sidewalk Improvement Districts," and is amended to include a new subsection F as follows: F. Those provisions of this Section C-73.1 compelling owner construction or repair of sidewalk shall not apply to lots or parcels located in a Sidewalk Improvement District and subject to an assessment for work performed in that District pursuant to Section C-73 of the Charter, provided, however, that those provisions of this Section C-73.1 regarding the abutting landowner's duty to maintain the sidewalks adjoining his or her property free and clear of snow, ice, and all other obstructions, and the landowner's liability for injuries or damages arising from the landowner's failure to do so, shall continue to apply to all Lots in the City; provided further that this Section and related provisions in the City Code shall continue to apply to the construction or repair of driveway cuts or aprons regardless of whether a lot or parcel is located in a district or is subject to such an assessment; and provided further that should a court of competent jurisdiction hold, or the City so concede, that Section C-73 of the Charter in its entirety or any District created by that Section in particular is invalid or unconstitutional, or that any particular property within any District is not subject to that I Section, any property thereby determined not to be subject to Sidewalk Improvement District assessments pursuant to Section C-73 shall be subject to the provisions regarding sidewalk construction or repair set forth in this Section C-73.1. motion 4. Sidewalk Im r� ovem2nt Districts.. Section C-73 of the City Charter is hereby renamed "Sidewalk Improvement Districts," and is amended to read as follows: A. Establishment of Sidewalk Improvement Districts, Map. (1) The City is hereby divided into five (5) Sidewalk Improvement Districts ("Districts" or "S1Ds"): District#1, District #2, District #3, District #4, and District #5. The Districts are bounded as shown on the map titled "Official Sidewalk Improvement District Map of the City of Ithaca, New York" (hereinafter "SID Map"), and which accompanies in printed format and is hereby made part of this Section. (2) The Superintendent of Public Works or his or her designee shall prepare, maintain, and keep current the SID Map in accordance with amendments made thereon pursuant to action of the Common Council. (3) Where uncertainty exists with respect to the boundaries of the aforesaid districts as shown on the SID Map, the rules established for interpreting the Official Zoning Map as set forth in Section 325-6 of the City Code shall be used to interpret the SID Map. 4 B. Construction or Repair of Sidewalks in Districts. (1) The Board of Public Works shall recommend, subject to amendment and approval by the Common Council, a budget and a schedule of Sidewalk Construction or Repair to be performed in each SID as part of the City's budget for each fiscal year; provided, however, that the budget for the first fiscal year following the year of enactment of this Local Law shall be recommended and approved on such schedule as deemed practicable by the Board of Public Works and Common Council. The Board shall have the authority to include in such budget all or any portion of the cost for past sidewalk construction or repair performed by the City on a property located in and subject to assessments as part of a SID, so long as said cost has not been assessed upon the abutting property owner prior to the effective date of this Section. Along with such budget and schedule of work, the Board shall recommend to Council any adjustments it deems desirable to the assessment formula set forth in Subsection C hereof. Such budget may include the issuing of,. and payment of the maturing principal of and interest on, any obligation issued pursuant to the Local Finance Law for the purpose of financing the construction or repair of sidewalks pursuant to this Section. (2) Before the budget and schedule of work required by Subsection B hereof are given final approval by the Board, the City Clerk shall 5 give notice by publication three (3) times in a local newspaper of a public hearing thereon on a date specified, which date shall not be less than ten (10) days from the first publication. Before the date of public hearing, any person may file with the City Clerk written objections to such budget or schedule of work or any part thereof, which objections shall be presented to the Board before action shall be taken on such budget and schedule of work. At the time so appointed or at such other time to which it may adjourn for that purpose, the Board may hear the allegations of any person interested who shall have filed such objections and may take proof in relation thereto. Such allegations and proofs shall be confined to the matters stated in such written objections. The Board may thereupon alter or correct any assessment as justice may require, finally approve the same and file a schedule thereof with the Common Council', which may amend and confirm the same by local law after a public hearing, and if so confirmed, the amount of each assessment as derived from the Assessment Formula shall be a lien upon the real property so assessed. Such assessments and, if required, any reassessments, shall be collected in the manner provided in this Charter and the City Code for the enforcement, levy, and collection of City taxes. (3) The Board of Public Works or Common Council may include construction or repair of sidewalk curb cuts and curb accessibility 6 ramps in the local improvements to be made in a SID. The Board of Public Works or Common Council shall not include construction or repair of driveway cuts or aprons, which shall remain the financial responsibility of the abutting property owner. (4) Work performed in a SID pursuant to this Section shall be deemed a local improvement, and Common Council declares and finds that the Assessment Formula in Subsection C assesses each property in each District in proportion to the benefit received by that property from the construction and repair of sidewalks in its respective SID, and that such assessments are necessary to defray the cost of construction and repair of sidewalk in the respective SIDS. (5) Nothing herein shall be construed to modify or alter any power of the Common Council, Board of Public Works, or Planning and Development Board to require a property owner to bear the full coast of sidewalk construction or repair as part of the site plan review process pursuant to Chapter 276 of the City Code, regardless of whether said property is located within a SID. C. Assessment Formula. (1) Definitions. ANNUAL MAINTENANCE FEE The Annual Maintenance Fee for Low-Foot-Traffic Lots is seventy dollars ($70.00), for all other Lots, it is one hundred and forty dollars ($140.00). 7 COST OF PAST WORK The total sum, including labor and materials, actually paid for Past Work; provided, however, that none of the following shall be included: (i) costs exceeding fifteen dollars ($15.00) per square foot of Past Work completed; or, (ii) any overhead fee, interests or penalties imposed for failure to perform Sidewalk Construction or Repair pursuant to the Charter or City Code, including but not limited to Section C- 73.1(E) of the Charter. FRONT FEET The length of perimeter, measured in feet, by which a Lot abuts the line of the public street or streets. LOT Lot or parcel of land, as set forth by the current City of Ithaca Tax Maps on file with the Tompkins County Department of Assessment. LOW-FOOT-TRAFFIC LOTS Those Lots with a Property Class Code of 210, 215, 220, 240, 250, or 270, or substantially identical successor designations. PAST WORK Sidewalk Construction or Repair performed on a Lot located in and subject to assessments as part of a Sidewalk 9 Improvement District, and permitted by and performed in accordance with the general drawings and specifications established by the Office of City Engineer, provided that such work is (i) performed at the cost of the property owner of the Lot upon which the work is performed or (10 funded by documented contributions made to a business improvement district established by Chapter 149 of the City Code by the property owner of a Lot located in said business improvement district for the sole purpose of performing Sidewalk Construction and Repair; and provided further that work completed as required by a site plan review pursuant to Chapter 276 of the City Code is excluded. PROPERTY CLASS CODE The property type classification code, as defined by the New York State Office of Real Property Services in the Assessors' Manual, assigned to a Lot by the Tompkins County Department of Assessment, as may be updated by that Department from time to time, SIDEWALK CONSTRUCTION OR REPAIR Construction or repair of any public sidewalk or footpath intended for the use of pedestrians in a City park or approximately following along the line of the street or streets upon which the Lot fronts, including but not limited to 9 sidewalk curb cuts and curb accessibility ramps, and, other actions determined by the Board of Public Works to be necessary to the construction or repair of said sidewalk or footpath, including but not limited to, any paving, earth work, drainage, and appurtenances, provided, however, that the construction or repair of driveway cuts, aprons, or a pedestrian mall (as that term is defined in Section C-89(B) of the Charter) is excluded. SQUARE FOOTAGE The total square footage of all buildings on a Lot as recorded by the Tompkins County Department of Assessment. (2) Each Lot in a SID shall be annually assessed for work to be performed in the district as follows: Annual Maintenance Fee plus Square Footage Fee plus Frontage Fee less Past Work Reduction. (a) Square Footage Fee. The Square Footage Fee for all Low- Foot-Traffic Lots shall be $0.00. For all other Lots, the Lot's Square Footage Fee shall be equal to the Lot's Square Footage times $0.015. (b) Frontage Fee. The Frontage Fee for all Low-Foot-Traffic Lots shall be $0.00. For all other Lots, the Frontage Fee shall be $30,00 for each fifty-five (55) feet of Front Feet or portion thereof. 10 (c) Past Work Reduction. A Lot's assessment under this Section shall be reduced as set forth herein. [1] A Lot is eligible for a reduction for the Cost of Past Work for twenty (20) years from the date the Past Work was substantially completed ("Reduction Period"). In each year of the Reduction Period for which an assessment, if any, is made pursuant to this Section, the Lot's Past Work Reduction shall be an amount equal to one-twentieth (1/20) of the Cost of Past Work. Should the allowable reduction for the Cost of Past Work be greater than a Lot's assessment under this Section in any given year, the Lot owner shall not be entitled to the difference, and the difference shall not apply to the assessment for any other year. [2] The Lot owner must provide sufficient evidence to the Superintendent of Public Works or his or her designee of the nature and location of the Past Work performed, the Cost of the Past Work, and the date the Past Work was substantially completed. Such evidence must be provided no later than May 1 of the year preceding the fiscal year for which the owner seeks a Past Work reduction; provided, however, that I in the first fiscal year following the year of enactment of this Local Law, such proof must be provided no later than the deadline, if any, established by the Board of Public Works, and if no such deadline is established, such proof must be provided no later than February "I of that fiscal year. If the request is approved by the Superintendent of Public Works or his or her designee, the Past Work reduction shail automatically recur in each remaining year of the Reduction Period. The Lot owner may appeal the determination of the Superintendent of Public Works or his or her designee to the Board of Public Works at an open meeting thereafter. D. Appeals and Reassessments. (1) No action or proceeding to set aside, vacate, cancel, or annul any assessment for a local improvement shall be maintained, except for total want of jurisdiction to levy and assess the same on the part of the officer, officers, board, or body authorized by law to make such levy or assessment or to order the improvement on account of which the levy or assessment was made. In the event that a court of competent jurisdiction finds such total want of jurisdiction, this Section shall be deemed repealed, and the sidewalk assessment 12 policy in Section C-73.1 of the Charter shall automatically take effect. (2) No action or proceedings shall be maintained to modify or reduce any assessment for a local improvement, except for fraud or substantial error by reason of which the amount of such assessment is in substantial excess of the amount which should have been lawfully levied or assessed. (3) Any person or persons, jointly or severally, aggrieved by any determination of assessment for a local improvement pursuant to this Section may have the decision reviewed by the Supreme Court of New York in the manner provided by Article 78 of the Civil Practice Law and Rules. (4) Whenever any assessments made under the provisions of this Section shall be set aside or shall be decided by any court having jurisdiction thereof to have been improper y or illegally made or whenever it shall be ascertained that the proceedings under which said assessment has been made shall have been so far irregular and erroneous as to make the collection of such assessment illegal, then a reassessment shall be made with the same force and effect as if it had been an original assessment; provided, however, that in the event that no assessment is thereafter successfully levied, those properties affected shall be subject to Section C-73.1 of the Charter. 13 E. Duties of Owner. Nothing herein shall modify or abolish the duty of the owner of lands abutting any street, highway, alley or other public place in the City to keep the sidewalks, approaches or street driveways adjoining such lands free and clear of and from snow, ice and all other obstructions, nor shall anything herein modify or abolish the liability of such owner for any injury or damage caused by reason of omission, failure or negligence to keep such sidewalk free from snow, ice or other obstructions as set forth in Section 73.1(B)(1) of the Charter. Section S. Prior Written Notice Amendment. Section C-1 07 of the Ithaca City Charter is hereby amended as follows; The City of Ithaca shall not be liable for damage or injury sustained by any person in consequence of any street, highway, bridge, culvert, sidewalk, crosswalk, park, playground„ stream, pond, lake, reservoir, building or other City- owned property or structure being out of repair, unsafe, dangerous or obstructed by snow, ice or otherwise or in any way or manner, including but not limited to protruding ,pipes, metal plates or covers or other objects, unless written notice of the defective, unsafe, dangerous, obstructed or concealed conditions of said street, highway, bridge, culvert, sidewalk, crosswalk, park, ,playground, stream, pond, lake, reservoir, building or other City-owned property or structure shall have been given to[ the Board o the City of Ithaca by delivery to the office of the City Clerk[ OF t9 the-eff.GGe of the S perinte rrdre Rt of P bl VVGFk at least 24 hours previous to said damage or injury. This section applies to claims of infants and all other persons. Any and all actions maintained for damages or 14 injuries to person or property caused or sustained as aforesaid shall be commenced in accordance with the requirements of §§ 50-e and 50-i of the New York State General Municipal Law. Section fi-Severabilily Clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Local Law, except as otherwise provided in Section 3 and Section 4(D). Seclion 7. Effective and-ORerative Dale. This Local Law shall take effect forty-five (45) days after its adoption, 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. 15 10, CITY ADMINISTRATION COMMITTEE:.. 10.1 An Ordinance to Amend the City of Ithaca Municipal Cade Chapter 342 entitled "Streets and Sidewalks", Section 342-13 entitled "Duty to Construct and Maintain Sidewalks" ORDINANCE NO. -2013 An Ordinance Amending Section 342 of the City of Ithaca Code WHEREAS Common Council is considering a local law that would amend the City of Ithaca Charter to establish Sidewalk Improvement Districts, and WHEREAS the City of Ithaca Code contains provisions relating to the liability of abutting property owners for the construction and repair of sidewalk that are inconsistent with said local law, BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Code Amendment, Section 342-18 (Duty to Construct and Maintain Sidewalks) of the City of Ithaca Code is hereby amended as follows: Upon notice from the Board of Public Works, it shall be the duty of the owner of any property subject to Section C-U 1 of the Charter to properly construct and maintain a sidewalk in front of his/her property. However, no person shall proceed with the construction, reconstruction or repair of any sidewalk without obtaining a street permit from the Superintendent or his/her authorized agent and a sidewalk survey request from the office of the Engineer. The Engineer shall supply line and grade and the specifications for the work to be performed. Section 2. Effective Date. This ordinance shall take effect immediately in accordance with law upon the later of (i) publication of a notice as provided in the City of Ithaca Charter and (ii) the effective date of the City of Ithaca Local Law Concerning Sidewalk Improvement Districts, No. -2013. Sa ck-Up STF Recommended Map(8/7/13) District District Assessment Percent of Total 1 —- $ 129,837 1.8.52% 2 $ 125,178 17.85% 3 $ 225,376 32.15% 4 $ 121,726 17.36% 5 _$ 98,973 14.12% Grand Total $ 701,091 100.00% Original Map District District Assessment Percent of Total 1 $ 129,837 18.52% 2 $ 125,178 17.85% 3 $ 261,643 37.32% 4 $ 128,630 18.35% 5 $ 55,802 7.96°% Grand Total $ 701,091 100.00% Four District Map District District Assessment Percent of Total 1 -- --- - $ 129,767 18.51% 2 $ 178,509 25.46% 3 $ 281,583 40.16% 4 $ 111,232 15.87% Grand Total $ - -701,091 --100.00% CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-6590 OFFICE of THE CITY ATTORNEY Aaron O. Lavine,City Attorney Telephone: 607/274-6504 Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507 4D Kirin Flaherty,Assistant City Attorney Jared Pittman,Assistant City Attorney Jody Andrew, Executive Assistant MEMORANDUM To: City Administration Committee From: Ari Lavine, City Attorney Date: August 16,2013 Subject: Sidewalk Local Law Projected and Recommended Finances A working group consisting of representatives from offices of the City Controller, Department of Public Works, and City Attorney met to discuss various financial aspects of the implementation of the proposed sidewalk local law that the Government Performance and Accountability Committee passed on August 12 for placement on the September 4 Common Council agenda. In particular,the group discussed three topics. First,the group discussed the projected City-wide levy,net of projected past work credits due to various property owners. Second,the group discussed various staffing options, and the financial feasibility thereof, for carrying out the sidewalk work—including using City-operated crews of various sizes and contracting with third parties. Third, the group discussed the projected impact on the General Fund of these various staffing structures, and of SID assessments owing on City-owned parcels.. Currently,the City operates one sidewalk crew staffed by four full-time,permanent employees, overseen by a member of the City's Engineering staff who administers the sidewalk program year-round on a 35-hour-per-week basis. These costs are currently included in the Department of Public Works budget. If the proposed local law is adopted,the costs of labor, materials, and equipment for sidewalk work will be shifted from DPW's budget and apportioned among the five SID accounts in proportion to each SID's total annual levy. Costs for sidewalk crews doing non-sidewalk related work during the winter season and debt service for debt incurred on sidewalk work previously completed by the City would continue to be paid out of the General Fund. As reflected in the accompanying materials,the Sidewalk Task Force currently estimates that the SID assessment formula in the proposed local law will raise a total levy of approximately $700,000 per year,with some reduction likely(perhaps in the ballpark of 5%- 10% of the projected levy) for past work credits. Each year's assessment should be spent in the year that it is collected,but the City can use the assessments to pay interest on bonds in order to accomplish a larger project in a given year. A portion of that total levy will come from the General Fund in the form of assessments on City-owned property located within a SID, projected at$20,000 to$25,000. The working group concludes that this level of funding would support the operation of two sidewalk crews—each consisting of five permanent, full-time employees, working supervisor, heavy equipment operator, light equipment operator, and two maintainers— overseen by a member of the City's Engineering staff, plus the applicable materials and administrative costs. Given the short lead time from potential passage until the 2014 sidewalk construction and repair season and the time needed to receive applications from, interview, and hire additional crew members,the working group currently favors a plan for Fiscal Year 2014 by which the City would operate one seven-member sidewalk crew consisting of five permanent, full-time employees(working supervisor; heavy equipment operator; light equipment operator;two maintainers)and two seasonal employees(laborers). This would allow the City to begin ramping up the sidewalk program and obtain experience with the assessment process, while limiting exposure to future fixed personnel costs and non-sidewalk-related personnel charges to the general fund during the winter months. It is projected that operating this single crew may leave very roughly$100,000 of SID revenues otherwise available in Fiscal Year 2014. These funds could be used to hire contractors to complete additional sidewalk work in Fiscal Year 2014,to purchase needed equipment(likely a substantial expense) and materials as the City expands the amount of sidewalk work it performs,or for such other purposes necessary to the construction and repair of sidewalk as may be appropriate. The members of the working group look forward to providing additional detail on these topics at the August 28 City Administration Committee meeting. Also included in this agenda packet is a spreadsheet—already shared orally at the August GPA Committee meeting— detailing the projected district by district levies for each of the three SID maps that have been considered by the Sidewalk Taskforce. The estimated assessments have changed since the August GPA Committee meeting due to the receipt of updated data from the County Department of Assessment. "An Equal Opportunity Employer with a commitment to workforce diversiflcation." CITY OF IT1 ACA 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 40 Krin Flaherty, Assistant City Attorney Jared Pittman, Assistant City Attorney Jody Andrew, Executive Assistant Sidewalk Task Force Fact Sheet City of Ithaca Local Law Concerning Sidewalk Improvement Districts • Summary of Current Policy. o Under the City's current policy,the abutting property owner is responsible for full sidewalk construction and repair costs. This policy has led to the construction of very little new sidewalk in the last twenty years(and owner resistance to sidewalk construction projects). The enforcement of the repair policy is administratively difficult and leads to repair delays. The Mayor convened a Sidewalk Task Force, chaired by the City Attorney, in February 2013 to address these problems. • Task Force Objectives for a New System of Sidewalk Financing. a Reduced regressivity of the current system. o Continued inclusion of tax-exempt owners in a new system of financing. • Smoothed-out, predictable sidewalk costs for property owners. o Reduced disincentive to new construction; sidewalk treated as a public good. a Improved sidewalk repair record in a simple and efficient system. M Creation of Sidewalk Improvement Districts. o The Task.Force recommends the creation of five sidewalk benefit assessment districts(each a"Sidewalk Improvement District"or"SID"). All property in the City is included in the proposed districts, with the exception of most of the U-I zone,where most sidewalks front on private roads and are well maintained by the property owner. A map has been created outlining the proposed districts. o All lots in the districts, including those lots that are exempt from property taxes, will be subject to the assessments.The money raised in each district must be used solely for work performed in that district; thus,while the amount raised in each district will vary, the property owners in each district will be assessed proportionately to the scope and cost of work occurring in that district. Proposed Assessment Formula. o Low-Foot-Traffic Lots(see below)will pay an Annual Maintenance Fee of$70. i All other lots will pay an Annual Maintenance Fee of$140,plus a Square Footage Fee($0.015 per square foot of buildings on a lot) and a Frontage Fee($30 for each 55 feet of lot frontage or portion thereof). e - - CA Item 3.4 o Law-Foot-Traffic Lots will consist of one-and two-family residences. A lot's eligibility will be determined by the Property Type Classification Code assigned to it by the Tompkins County Department of Assessment. These codes are established by the New fork State Office of Real Property Services. o Lots which have or had sidewalk construction or repair work performed at the owner's expense will be eligible for a reduction in the assessment(1/20 of the amount of the work,subject to a cap, in each of the twenty years following completion of the work). The Dept. of Public Works shall review applications for the reduction; the owner may appeal to the Board of Public Works. o The proposed assessment formula will raise a total of approximately$600,000 (+1- $50,000)per year,with amounts varying by district. We estimate that this will replace and exceed City-wide sidewalk work currently performed by both City crews and private contractors. The formula can be amended via future local laws. The City can bond against the assessment for capital-intensive projects. Determination of Budget and Work to be Performed. o Council will approve the funding and work to be performed as part of the normal budget process. BPW will recommend a budget and schedule of work to Council. BPW will likely want to invite the public to subunit work suggestions year-round, with BPW holding meetings in the winter months to discuss these suggestions. Council will hopefully also engage with their constituents regarding needed work. o Once the formula and assessments are approved by Council,the assessments will be liens on the properties assessed,administered by the Tompkins County Department of Assessment, and collected with City property taxes.. o 'Sidewalk curb cuts and accessibility ramps will be included in district work and funded by district assessments. Driveway cuts and aprons will not be included.. o The Local Law expressly preserves the right of the City(via Council, BPW or the Planning and Development Board)to require the construction or repair of sidewalk at the cost of the property owner as part of the site plan review process. Such work may not be used to reduce the property's future STD assessments. Application of Current Policy and Savings Clause. o The law governing the SIDS will replace the current sidewalk assessment policy as § C-73 in the{Charter, the current sidewalk policy contained in that section will be redesignated as § C-73.1.The current policy will apply to any lot not located in a SID or otherwise not subject to a SID assessment under the new policy. + Manner of Enactment and Permissive Referendum. o The SIDs must be created by local law subject to permissive referendum. 2 CD CD a C Q 0 0 C7 n O C.C]a'a a C7 d C7 pr u7 c6"LO t nn OO C,CD tm T a p p'O O a p a a d O 0 C)C3.C7 C3'O D[7,$ C`7 a w tR(D'm R41 U'S7 dd Q paaQ aoQeIYPOOa0adf)C700 r Ln�' CO CV y� p V?C] LdG 4 f] N�u7 C? 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Attachments: Representative Sidewalks 4.pdf Dear CA Committee(and other members of Council who may be interested), In preparation for this Wednesdays discussion of the finances of the proposed Sidewalk Improvement Districts,I want to share with you the attached maps,detailing for each district(in the form voted to Council by the GPA Committee)estimated figures for the number of linear miles of sidewalk in that district and the number of noticed defects in that district.In summary of the same,you may also find the below chart instructive in comparing estimated figures for.the current per-district assessment levies,miles of sidewalk,and number of noticed defects. Many thanks to Tim Logue,Chris Morrissey and Ruth Aslanis for pulling together this info for us$ Looking forward to our discussion on Wednesday, Ari District Funding %Funding Existing Sidewalk %of Existing%Funding-%Existing [Defects %Defects %Funding-%Defects 1 $129,837 18.52% 22.17 mi 24.00% -5.48% 204 37.60% -19.08% 2 $125,1781 17.85% 15.39 mi 16.60% 1,25% 93 17.10% 0.75% 3 $225,376 32.15% 28.25 mi 30.50% 1.65% 183 33.70% -1.55% 4 $121,7261 17.36% 16.81 mi 18.20% -0,84% 47 8.70% _ 8.66% 5 $98,973 14.12% 9.87 mi 10,70% 3.42% 16 2.90% 11.22% Aaron(Ari)0.Lavine City Attorney,City of Ithaca 108 E.Green St Ithaca,NY 14850 Tel: (607)274-6504 Fax: (607)274-6507 This e-mail contains information that may be privileged and confidential.If you are not the intended recipient,please delete this e-mail and notify us immediately by reply email,or at(607)274-6504. fileWCADocuments,and Settingslstevet\Local Settings\Temp\XPgrpwise1521B906Ecoimai... 8/29/2013 1 x - X - X y z �I X I I 0 0 X � _ X f X , x x X"T"X� - max ' -141 x ,O,r. x �. xx x x x x x X _ xx w nab tr x — , x Li X X x ��� X X X vt X w W X x! X x {9I x - - x X 1. T,X x x X ` x x: ; X ' 3 x "M Sr 4� � ode xsatavn ��y\ .�' • �NNN \ uS 4 4le Ile m u z gr� ■�N r nn m +_O N I a N � � � VI ~5� C3 ' -a ca wu "r,' oo � 3 i w N W u E p(n cm yY GR y m Y$ p O N 2 y lY f} N xIr U x r= , -i T x -- I -�_ x x I x .. -� x ; j x x � x x x x x x xx e , X . - - - x xx - - -- ----- x 3�-RR AN g x x x XXx X � d ma li � a j ioctwn9r+iC S. ® u'� e N p b 3r55fR '1 i " °a 8 e° n 6 4 y Y HSSS 'o` a �^ oeF�sdi --iOWINr1Y isreMaw , err' Sidewalk Assessment r PAS, F sr District 3 - � ( `O �dd'�' F11FY�LM S1 .•� 41 f $F rmxr F.Mrsr �. � .. 'loop Sidewalk Length(Linear) 0isukA 1 22-17 mi 21.0% 0i6viu2 75.38 mi 1&6% x .—frwasr. Fnnsssr 0iorld3 26.25 mY 30.636 x ' x ■ Dhakl A 9.87 ml 10.7% x Oawra 6 18-81 mi 18.2% rota) 92.49 mi 100.17% `41rsNtFST FY'.CS![AdI S, - 5i6exralk 0efea Notices DlsVict 1 204 37.6% O151Tid 2 93 17.1% x District 3 lea 33.7% x `•,,. rraysr 0lslrrct a 16 2.9% 19' x x ..t'� Dlstr"5 47 6.7% - Tmff; 543 100.0% x y x 1 X } X = xx tf 11 r x .auurtr x x X x x [7 x X x9 xt x X x x X � ..—x x r l l x � W}�( r — — k x Ix I � x �- j I -- x x x x x ¢ r x" cplrwsr ' , - _ x ,' _ a f Legend x Sidewalk Defect Notices sarrN� No Sidewalk --rllassr �I Sidewalk Roads N I oA 0 0.3 Mlcs Special Districts A NY Stxe Plane.Central GR5 80 Datum Waterwwa Y Map Source:dompws Cox%y Oigkal Plammetrk Map 1991-2013 Daly Source:Cky of W—a Department M Puty1tt Work%.2013 �M e Map P,epared by;GIS Program.Cky d eh—.NY.August 2013 yrlr.7uFrme. .mil City Border iy-. ..�...� sr �. 4 Sidewalk Assessment District 4 r _ fir• F � \ '1% �rprecR.E1,q .i Sidewalk Lergm(I-1rmar) 1 Dlsvlci 1 22.17 ml 24.0% Distrim 2 15.39 mi 19-6% a Dlsirki 3 28.25 ml 39.5% M _ Disvix A 9.87 ml 10.796 x �q District 5 16.61 ml 78.2% Tote! 92.49 ft 1091D% Sidewalk Defect NoUces Dlsdkt 1 204 37.6% Dtstrkt2 93 17.1% x DkWict 3 183 33.7% Dfsirkt 4 16 2.9% Diwkt 5 47 8.7% Tow 543 IW.O% X X - rsaaa sna aaear - —1 - weeeaaar- - - x xr X _T—7�t--LL[i'LlatdMra —.-- lraxfarsr —MmCRsr f Legend ` e`e d x Sidewalk Defect Notices. —I I. No Sidewalk sssPww�i Sidewalk Roads 0 0.1 0.2 o.a Mae Special Districts NY state Plena.Central GRS 89 Dawm � Waterway Map Source:Tompkins County Digital Pimme(tic Map 1991.2413 a�tlt Dsla seurca�Ciq W haca DepmInmM of Puefc Works,2D13 7 �-+� Map Prepared by:GIS Program.City of Ithaca,NY,August 2l) j CRy Bordei 0 0 r I •SSr-. � Y N +L1 n N 0 �$ V yyy c p 0 O may. I� ki i!f 2 N K 83 �- x I lul a X � o 3 ix wa�vmu� t; - 1 - e5�'yM3� t yg — -SifMFW S! dV, r N i r i jWAOOG a -4, K y � c a� E W LO S YT I 1/1 V �� 1 � L 1 `r , i a _.. _.._.._.._........................... _LL CA item 3.4 Proposed Sidewalk Improvement districts Sidewalk Task Force Recommendation August 7, 2013 ., �r Q TaM -,rig M -UIEl-— ;z AVA �. tM 4 , N ( W E Legend SIB Boundaries Waterway 1 inch=1,500 feet j Parcels r._.._. City Border Map created by the City of Ithaca Engineering Division,August 2013 CA rtern 3.4 Proposed Sidewalk Improvement Districts - - y Ili \y {� - t �KIN \ T WIN f 4 - v. 5 / Legend Special Districts N Waterway Parcels W e 1 inch=1,500 teat E--i Border s Map created by the City of Ithaca Engineering Division,June 2013 CA Item 3.4 Proposed Sidewalk Improvement Districts August 6, 2013 revision �..__.-..----.-_----..----..--._---------------- . 1 1 Ili l 1 1v 1 - _ A Emil two Ingp I _ flu IN f Legend Special Districts2 w _ Waterway Parcels 1 Inch= 1,500 feet Border S Map created by the City of Ithaca Engineering rlivIsion.August 2013 1 0.2 Clerk's Office - Amendment to Capital Project#783 — E-mail System Replacement Project - Resolution WHEREAS, Capital Project#783 was established in the 2013 budget in the amount of $83,000 to replace the City's e-mail and archiving system, and WHEREAS, a Request for Proposals was issued and responses were received in April, 2013, and the City Clerk's Office conducted extensive research on each project proposal, and WHEREAS, based on the research and long-term cost and support considerations, the City Clerk's Office is recommending a hybrid solution of Microsoft Exchange for e-mail and Mirapoint's RazorSafe for e-mail archiving, and WHEREAS, the GPA Committee reviewed the available options and associated costs, and concurred with City Clerk staff that their recommendation would provide reliable service, future growth, is a long-term cost effective, and supportable solution; now, therefore, be it RESOLVED, That the City Administration Committee recommends that Common Council amend Capital Project#783 — E-mail Replacement Project - by an amount not to exceed $72,000 for a total amended project authorization of $1 55,000 for the purposes of replacing the City's e-mail and archiving systems, and be it further RESOLVED, That funds necessary for said Capital Project amendment be derived from an advance from the General Fund with a later repayment from the issuance of bonds. 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Ca Q © C7 C7 C] O G C7 C� CvY C] C7 O C7 O C7 O O O C > Z Q (SY 43 d] O� G) 6s Cfs Q1 Ch 67 2 [(} O U C7 V- N CV CV Cal N�N C+1 CV N C L obi V' rt V ,, O V CNC1 N 0 N M M M M M Cl) N co co co co M M aD N v C hl T 8 t3 m u m m D R3 p .> ® cl) in a1 u [� t d a J ❑ CL m7 N M U d Z } 6q 69 69 fH 69 64 64 E4 H3 (h3 69 d �' (a/7 m m L N CA- OL O a) +r +la C N 0 O C C > D Ly 6 > C — «+ Q vs t6 O F c tn (ss m (a C] a 0 w (U a) a) a) m a) v 0 c 0 >- 4ry r r 'r 10.3 DPW - Lake Street Brid a Rehabilitation Project - Resolution WHEREAS, a project for the rehabilitation of the Lake Street Bridge Over Fall Creek, P.I.N. 375534 ("the Project") is eligible for funding under Title 23 U.S. Code as administered by the Federal Highway Administration (FHWA), as amended, that calls for the apportionment of the costs for such program to be borne at the ratio of 80% Federal funds and 20% non-Federal funds, and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-Federal share of the costs of Scoping, Preliminary Design, Detailed Design, Right-of-Way Incidentals ,Construction and Construction Inspection, and WHEREAS, this project constitutes a reconstruction of facility in-kind on the same site as well as maintenance or repair involving no substantial change in an existing facility, and is therefore a Type II action under the National Environmental Policy Act (NEPA) Regulation and in accordance with 6 NYCRR Part 617 requiring no environmental review; now therefore, be it RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the Federal and non-Federal share of the cost of Scoping, Preliminary Design, Detailed Design, Right-of-Way Incidentals ,Construction and Construction Inspection work for the Project or portions thereof, and be it further RESOLVED, That Common Council hereby establishes Capital Project #791 Lake Street Bridge Rehabilitation in an amount not to exceed $1,464,250, and be it further RESOLVED, That the sum of$1,464,250 is hereby appropriated from Capital Project #791 and made available to cover the cost of participation in the above phases of the project; and it is further RESOLVED, That in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated above, Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation (NYSDOT) thereof, and be it further RESOLVED, That the Mayor of the City of Ithaca of the County of Tompkins be and is hereby authorized to sign all necessary Agreements with New York State Department of Transportation to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca and the Superintendent of Public Works is authorized to sign all necessary construction documents, contracts, certifications and reimbursement requests, and be it further RESOLVED, That the Superintendent of Public Works be and is hereby authorized to administer the above project, and be it further RESOLVED, That this project be undertaken with the understanding that the final cost of the project to the City will be roughly no greater than 20% of said portion, currently estimated at $292,850 of the $1,464,250 authorized for this project and in-kind services as managed by the Superintendent of Public Works and monitored by the City Controller, and be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further RESOLVED, That this Resolution shall take effect immediately. CrrY OF ITHACA 108 East Green Street,Ithaca, New York 14850-6590 DEPART'RENT OF PUBLIC WORKS ` William J.Gray,P.E. Superintendent/City Engineer Telephone: 607/2274-6527 Fax: 607/274-6587 MEMORANDUM TO: City Administration Committee FROM: Addisu Gebre, Bridge System Engineer DATE: August 16, 2013 RE: Lake Street Bridge Rehabilitation Project P.I.N: 3755.34,BIN 2210610 Attached please find a resolution requesting establishment of a capital project and authorization by Common Council to pay in the first instance 100°%of the Federal and non-Federal share of the subject project cost.The City of Ithaca will be reimbursed for 80%of project expenses by the Federal Highway Administration and the city will also be eligible for additional reimbursement of up to 15%by the State of New York Department of Transportation. Also attached please find a copy of the Lake Street Bridge Rehabilitation Project on the 2014- 2018 Transportation Improvement Program(TIP)that was approved by Ithaca-Tompkins County Transportation Council-Policy Committee on June 18, 2013. The purpose of this project is to rehabilitate the Lake Street Bridge over Fall Creek. The project will include deck replacement and the elimination of bridge structural deficiencies to prevent the bridge from becoming priority deficient for a period of 30 years. If you have any questions,please call Addisu Gebre, Bridge Systems Engineer at 607-274-6530 Cc:Tom West, Director of Engineering "An Equal Opportunity Employer with a commitment to workforce diversification." v., '?C)98 lepi N N [}C7 c�O C4 N - fq 4"n m m cra w►cz awn six w Oct a> tn f's eon 09 a�i CA k6 �i u4i C� Ci QO � 'q o 0000 C000 © en w en r)va Of in cO yr y � C C51 4a 69 E/7 H9 6% (19 4.0 1p �' ~Q w' a ZZ o0- � w L, N a � oce`s COD COD fcaj 45A oo9 2 v a �'0?oo oegoc! 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LX� Cy v o min -0 w b W 2's; rm v N Ep a. 10.44 DPW - Request for Fundinq for Historic Gravestone Conservation Workshop at Ithaca City Cemetery - Resolution WHEREAS, the City of Ithaca Cemetery is currently maintained by the Parks Department, and WHEREAS, over the years maintenance of the cemetery has diminished from a staff dedicated specifically to maintaining the cemetery to currently providing maintenance of it in the form of mowing_ five times a year and resetting approximately 5-10 headstones per year; and WHEREAS, views from the cemetery, the interesting terrain, rich history and diverse tree species composition gives this area a huge amount of potential to be a valued location for residents and visitors to the City, and WHEREAS, in its current state the cemetery appears to be a forgotten backwater of the City, that many residents are not even aware of it at all, and WHEREAS, Historic Ithaca, Inc. and the Friends of the Ithaca City Cemetery will bring stone conservator Jonathan Appell to the Ithaca City cemetery on September 20-21, 2013 to conduct a one and a half day hands-on workshop on how to assess cemetery conditions, prioritize conservation needs, re-set leaning or fallen stones, rejoin broken tablets, consolidate eroded stone, and clean tables using suitable materials, and WHEREAS, the immediate benefit is that dozens of tablets will be conserved, stabilized and/or cleaned by workshop participants during the event, creating a safer environment, a more enjoyable and respectful park setting, and serve as an impetus for future work, and WHEREAS, the total event cost is $3,500-$4,000 for the conservator's fee and $500 in other costs, for which Historic Ithaca is seeking financial and other support, and WHEREAS, the Parks Commission met on August 13, 2013 and indicated their support for the workshop, and WHEREAS, financial assistance has been obtained from Cornell University's Department of Landscape Architecture and additional financial support is being sought from other University departments and from private sources, and WHEREAS, to take advantage of this private financial support, $1,500,00 is being requested from the City of Ithaca, in addition to assistance obtaining needed materials (sand/gravel) from the Department of Public Works, and the participation of DPW Crews in the workshop, and WHEREAS, the expert guidance provided at this workshop should put the staff of the Department of Public Works in a better situation to care for and repair current and future issues with monuments and stones in the cemetery, and WHEREAS, the limited time staff have to care for the cemetery will be put to good use, with the knowledge of which areas/monuments have the most immediate need as well as knowledge of how to best repair damaged stones with techniques that will provide lasting repairs, and realize the goal of the workshop which is long-term care for this unique city park and historic cemetery, and WHEREAS, the Board of Public Works met on August 26, 2013 to review, and discuss this request, and WHEREAS, the Board expressed support for the project which will empower and provide the necessary tools to both staff and volunteers from a relatively small financial investment from the City of Ithaca for a long term benefit to the entire city, residents, and visitors; now, therefore, be it RESOLVED, That Common Council hereby authorizes the release of an amount not to exceed $1,500.00 from Account A1990 Unrestricted Contingency to Account A8810- 5435 Contracts for the Historic Gravestone Conservation Workshop. 11. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 11.1 Environmental Review for the Allocation of Funds for the 2013 Ithaca Urban Renewal Agency OURA3 Action Plan -- Resolutions A. City of Ithaca 2013 Entitlement Grant Action Plan — Designation of Lead Agency Status for Environmental Review - Resolution WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed adoption of the 2013 City of Ithaca Entitlement Grant Action Plan includes both Type II and Unlisted Actions pursuant to CEQR which requires review under the City's Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself lead agency for the environmental review of the City of Ithaca Entitlement Grant 2013 Action Plan, B. City of Ithaca 2013 Entitlement Grant Action Plan -- Environmental Review - Resolution WHEREAS, the Ithaca Urban Renewal Agency (IURA) and the City of Ithaca have adopted an Action Plan allocating funds to various activities to be implemented with federal Entitlement Funds for the 2013 Program Year, and WHEREAS, the use of such funds requires environmental review under both the National Environmental Protection Act (NEPA) and the State and City of Ithaca Environmental Quality Review Ordinance (SEQRICEQRQ), and WHEREAS, NEPA regulations require the designation of a Certifying Officer, responsible to conduct the NEPA environmental review, and WHEREAS, each activity has been categorized as required under both laws, in the attached table titled "2013 Entitlement Activities — Classification for Environmental Review", and WHEREAS, NEPA classification of the activities reveals that all of the activities contained in the FY 2013 Action Plan, except for Stone Quarry Apartments, qualify as exempt or categorically excluded actions and are therefore not subject to further environmental review, and WHEREAS, an Environmental Assessment for Activity #1 Stone Quarry Apartments for NEPA review has been prepared, and WHEREAS, classification according to SEQRICEQRO of the activities reveals that all of the activities contained in the 2013 Action Plan, except Activity #1 Stone Quarry Apartments and Activity #5 Ithaca Skateboard Park Renovations, qualify as Type 11 actions and are therefore not subject to further environmental review, and WHEREAS, the environmental impact of Activity #1 Stone Quarry Apartments was reviewed by the City of Ithaca Planning and Development Board on October 23, 2012, and the project was determined to result in no significant impact on the environment pursuant to CEQRO and SEQRA, and WHEREAS, the final design for the Activity #5 Ithaca Skateboard Park Renovation is not yet developed and the size and location of the expansion must be Known in order to undertake proper environmental review under SEQRICRQRO, and WHEREAS, this review will be undertaken as part of the site plan review for the skateboard park renovation and is required to be completed before any federal funds are expended for the project, and WHEREAS, the Common Council, acting as Lead Agency in environmental review, has on September 4, 2013 reviewed and accepted as adequate: a table labeled "2013 Entitlement Activities—Classification for Environmental Review" dated July 12, 2013; the Environmental Assessment for Stone Quarry Apartments, dated July 2013; a copy of the City of Ithaca Full Environmental Assessment Form part III for Stone Quarry Apartments, dated October 23, 2012; and Environmental Assessment and Compliance Findings for the Related Laws forms for each activity; and WHEREAS, the Planning and Economic Development Committee considered this matter at its August 14, 2013 meeting and recommended the following; now, therefore, be it RESOLVED, That the City of Ithaca Common Council determines that, under SEQR/CEQRO, the 2013 Entitlement Grant Action Plan activities will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act for all activities except Activity #5 Ithaca Skateboard Park Renovation, and be it further RESOLVED, That the City of Ithaca Common Council, acting as the Responsible Entity (R.E.) has determined that the projects funded through the 2013 Entitlement Grant will have no significant impact on the human environment; therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (NEPA) is not required for the proposed activities, and be it further RESOLVED, That no federal funds will be released for renovation of the skateboard park until such time as the environmental review under SEQRICEQRO for this project is complete, and be it further RESOLVED, That the City of Ithaca Common Council hereby designates the IURA Director of Community Development as the Certifying Officer for the purposes of the NEPA environmental review of the 2013 Action Plan. Back-Up Item 11.1 B 2013 Entitlement Activities—Classification for Environmental Review July 12, 2013 Project Classification NEPA SEQRICEQR 1 Stone Quarry Apartments EA required Type I, Review is complete. Homeowner Rehab 2013 Categorically Excluded, Type II Subject to Sec. 58.5 No further review 3 Mini-Repair Program 2013 Categorically Excluded, Type II Subject to Sec. 58.5 No further review Housing Scholarship Program Categorically Excluded, Type II Not Subject to Sec. 58.5 No further review 5 Security Deposit Assistance Categorically Excluded, Type II Program Not Subject to Sec. 58.5 No further review 01 Cliff Street Demolition Categorically Excluded, Type II Subject to Sec. 58.5 No further review 7 Economic Development Loan Fund Reviewed on a project Type II by project-basis No further review 8 Hospitality Employment Training Exempt ype II Program No further review 9 Downtown Construction Loan Exempt ype II Program No further review 10 Work Preserve Job Training Exempt ype II Program No further review 11 Rt. 13 Pedestrian Crossings Categorically Excluded, ype II Subject to Sec. 58.5 No farther review 12 DICC Sidewalk Improvements Categorically Excluded, ype II Subject to Sec. 58.5 No further review 13 Emergency Domestic Violence Categorically Excluded, Type 11 Shelter Rehab Subject to Sec. 58.5 No further review 14 Southside Gym Acoustics Categorically Excluded, Type 11 Subject to Sec. 58.5 No further review 15 Ithaca Skateboard Park Renovation Categorically Excluded, Unlisted Action Subject to Sec. 58.5 Review Required 16 NLI Job Readiness Internship Exempt Type 11 No further review 17 Temporary Ramp Loan Program Exempt Type II No further review 18 -1-1 Tompkins Call Center Exempt Type II No further review 19 Ithaca Free Clinic Exempt Type II No further review €)M CDBG Grant Administration Exempt Type 11 No further review 1 HOME Grant Administration Exempt Type II No further review Note: The final design for the skateboard park is not complete. Environment Review for this activity will be undertaken at a later date when the necessary information is known. 11.2 Approval of Property Disposition to Ithaca Neighborhood Housing Services Inc. INHS — 402 South Cayucia and 203 Third Street— Authorize Sale to Ithaca Neighborhood Housing Services Inc. INHS — Resolution WHEREAS, the Ithaca Urban Renewal Agency has acquired parcels at 402 South Cayuga Street (tax parcel # 93.-6-7) and at 203 Third Street (tax parcel # 35.-5-16) and has undertaken a process to return these vacant parcels to residential use, and WHEREAS, there were two responses to the request for proposals issued for each of these parcels, and WHEREAS, the Neighborhood Investment Committee of the IURA reviewed the responses and evaluated them according to a scoring system developed for the purpose, and WHEREAS, the proposals from INHS were scored highest for both properties, and WHEREAS, INHS proposes to develop four new owner occupied town homes at 402 South Cayuga Street which will be affordable to low-income homebuyers, and WHEREAS, INHS proposes to construct a single family home which will be affordable to a low-income homebuyer at 203 Third Street, and WHEREAS, the project site is located within the Urban Renewal Project Boundary area, and WHEREAS, the Ithaca Urban Renewal Agency (IURA) is only authorized to dispose of property to a specific buyer if such buyer is designated as an eligible and qualified sponsor (Sponsor) per section 508 of General Municipal Law and the sale is approved by Common Council, and WHEREAS, a proposed Sponsor is evaluated in accordance with adopted IURA land disposition procedures that seek to determine if the proposed Sponsor is qualified and capable of fulfilling the objectives of the project for property disposition, and WHEREAS, IURA evaluation criteria for Sponsors include: • Financial status and stability ■ Legal qualification to operate in the State of New York and to enter into contracts with regard to the disposition, use, and development of land in questions • Previous experience in the financing, use, development and operation of projects of a similar nature • Reputation and proof of fair, reputable and ethical business practices and a record devoid of convictions and WHEREAS, one objective of the Urban Renewal Plan (Plan) is improvement of the residential environment through redevelopment, rehabilitation, conservation, and new construction to assure every family in Ithaca a decent home within its economic means, improve the economic, social and physical characteristics of the project neighborhood, and WHEREAS, redevelopment of these vacant parcels advances this Urban Renewal Plan goal, and WHEREAS, INHS°s successful record of developing affordable housing in Ithaca spans over 36 years and includes nearly 200 projects demonstrating that they possess the skills, resources and capacity to complete the proposed projects, and WHEREAS, the proposed terms of sale for the property are as follows: 402 South Ca u a Street • Sale price: $ 29,000.00 Outcome: 4 new owner-occupied residences affordable to a household earning up to 80% of area median income adjusted for household size • Conformance with the proposal received by the IURA from INHS dated April 25, 2013 * transfer of property contingent upon site plan approval and issuance of a building permit 203 Third Street • Sale Price; $17,000.00 Outcome: one new affordable owner-occupied single family home (affordable to a household earning up to 80% of area median income adjusted for household size) • Conformance with the proposal received by the IURA from INHS dated April 25, 2013 • transfer of property contingent upon site plan approval and issuance of a building permit, and WHEREAS, the Ithaca Urban Renewal Agency Committee considered this matter at their July 25, 2013 meeting and determined that Ithaca Neighborhood Housing Services, Inc. satisfactorily demonstrated its qualifications and capacity to successfully undertake a project to develop owner-occupied housing at 402 South Cayuga Street and 203 Third Street and therefore designated INHS as the "qualified and eligible sponsor" eligible to acquire tax parcels # 93.-6-7 (402 S. Cayuga St.) and # 35.-5-16 (203 Third St.); now, therefore, be it RESOLVED, The Council approves the sale of the two properties to Ithaca Neighborhood Housing Services, Inc. subject to the following conditions: I 402 South Cayuga Street • Sale price: $ 29,000,00 • Outcome: 4 new owner-occupied residences affordable to a household earning up to 80% of area median income adjusted for household size • Conformance with the proposal received by the IURA from INHS dated April 25, 2013 • transfer of property contingent upon site plan approval and issuance of a building permit 203 Third Street • Sale Price; $17,000.00 • Outcome: one new affordable owner-occupied single family home (affordable to a household earning up to 80% of area median income adjusted for household size) • Conformance with the proposal received by the IURA from INHS dated April 25, 2013 • transfer of property contingent upon site plan approval and issuance of a building permit, and be it further RESOLVED, That the Mayor, subject to advice of legal counsel, is authorized to execute agreements to implement this resolution. 11.3 Approval to Change Previously Approved Terms of Disposition for 213-215 West Spencer Street and 701 Cliff Street - Resolution WHEREAS, the Ithaca Urban Renewal Agency has signed purchase and sale agreements with the City of Ithaca for parcels at 213-215 West Spencer Road and 701 Cliff Street and has undertaken a process to return these vacant parcels to residential use, and WHEREAS, there were no responses to the request for proposals issued for either of these parcels, and WHEREAS, the Common Council stipulated that 213-215 West Spencer Street incorporate fully taxable housing in the form of an architecturally compatible multi-unit residential development, including affordable housing if feasible, and WHEREAS, the Common Council stipulated that 701 Cliff Street be redeveloped as multi-unit residential development (which includes a duplex) which is fully taxable, and WHEREAS, with these stipulations the properties are not seen as feasible redevelopment sites, and WHEREAS, the Ithaca Urban Renewal Agency considered this matter at their July 25, 2013 meeting and recommended the following; now, therefore, be it RESOLVED, That the City of Ithaca Common Council remove the development stipulations for the properties at 213-215 West Spencer Street and 701 Cliff Street and allow the IURA to sell these two properties through a realtor with no stipulations as to final use, and be it further RESOLVED, That the Mayor is authorized, subject to advice of legal counsel, to execute agreements to implement this resolution. 11.4 Resolution Directing the City of Ithaca Engineering Division to Analyze and Recommend Potential Improvements to the Spencer/Stone Quarry Road Intersection & Pedestrian Connections to the City Sidewalk Network - Resolution WHEREAS, on September 5, 2012, Ithaca Neighborhood Housing Services submitted a site plan review application for the construction of 35 units of new rental housing, to be known as the Stone Quarry Apartments, to be located at 400 Spencer Road in the City of Ithaca. The apartments will be permanently affordable to low- to moderate-income households. The units will be in one 3-story building and two rows of 2-story townhouses. Site improvements will include: a 36-space parking area; pedestrian walkways; a recreation area with a playground and basketball court; lawn areas; and landscaping. The applicants are also proposing to install a sidewalk, tree lawn, and street trees along the property on Spencer Road, and WHEREAS, at the September 25, 2012, meeting of the Planning and Development Board, a public hearing was held for the project and several neighbors raised concerns about traffic congestion and pedestrian safety, particularly the need for sidewalks on Spencer Road, and WHEREAS, on October 12, 2012, the project received a negative declaration of environmental significance by the lead agency for project review, the City of Ithaca Planning and Development Board, and WHEREAS, on November 20, 2012, the project received a use variance and an area variance from the Board of Zoning Appeals after a positive recommendation from the Planning and Development Board and the Ithaca Urban Renewal Agency, subject to the condition that "the applicant address with the City the problem of foot and vehicular traffic," and WHEREAS, on November 27, 2012, the project received final site plan approval by the Planning and Development Board, and WHEREAS, also on November 27, 2012, the Planning and Development Board, after considering the concerns of the neighbors to the project, voted unanimously to pass a resolution to the Board of Public Works requesting, as expeditiously as possible, that they : (1) develop and implement a plan for providing pedestrian connections between the project site area can Spencer Road and nearby transit stops and shopping areas; and (2) develop and implement a plan for improving the operation of the Spencer Road and Stone Quarry Road intersection, and WHEREAS, on June 5, 2013, the City of Ithaca Common Council, in a unanimous vote (9 — 0) approved the City of Ithaca Entitlement Grant Action Plan that included funding for the Stone Quarry Apartments, and WHEREAS, on September 4, 2013, the City of Ithaca Common Council, as lead agency, issued a negative determination of environmental significance for the City of Ithaca Entitlement Grant 2013 Action Plan with the understanding that the City would: (1) develop and implement a plan for providing pedestrian connections between the project site area on Spencer Road and nearby transit stops and shopping areas; and (2) develop and implement a plan for improving the operation of the Spencer Road and Stone Quarry Road intersection, and WHEREAS, establishing a cost-sharing project for the installation of sidewalks on Spencer Road is potentially an eligible expense for use of the City"s Community Development Block Grant (CDBG) funds, administered by the Ithaca Urban Renewal Agency (iURA), now, therefore, be it RESOLVED, That the City of Ithaca Common Council directs the City of Ithaca Engineering Division to analyze and recommend potential improvements to the Spencer/Stone Quarry Road intersection and pedestrian connections from the Stone Quarry project site to the city sidewalk network, which shall also include preliminary cost estimates for consideration of funding, and be it further RESOLVED, That the City of Ithaca Common Council requests that the Board of Public Works, with Common Council consent, investigate applying to the IURA for CDBG funds to develop a cost-sharing project for a pedestrian connection from the Stone Quarry project site to the city sidewalk network. 14. INDIVIDUAL MEMBER FILED RESOLUTIONS: 14.1 Alderperson Proulx - Resolution Reopening Section 384-d of the Retirement and Social Security law for James Crowley as set forth in Chapter 206, Laws of 2013 WHEREAS, Common Council has previously enacted resolutions on March 6, 2013 and May 1, 2013 (the "Prior Resolutions") authorizing the City to seek state legislation authorizing Firefighter James Crowley to convert his retirement plan to the § 384-d Plan under the Retirement and Social Security Law in order to enable Firefighter Crowley's prompt retirement this year; and WHEREAS, the required state legislation authorizing such conversion was signed by Governor Cuomo on July 31, 2013, and is set forth in Chapter 206 of the Laws of 2013; and WHEREAS, the Police and Fire Retirement System requires that the Common Council enact an additional resolution subsequent to the enactment of the legislation affirming that the City will assume the additional cost of such conversion; and WHEREAS, the Prior Resolutions and the Settlement Agreement between the City and Firefighter Crowley dated February 1, 2013 set forth the cost-sharing plan between the parties, in which the City pays such additional cost and Firefighter Crowley reimburses the City for $78,640 of such additional cost by relinquishing accrued time; now, therefore, be it RESOLVED, That the governing board of the City of Ithaca does hereby assume the additional cost required to provide the reopening of Section 384-d of the Retirement and Social Security Law, pursuant to Chapter 206 of the Laws of 2013; and be it further RESOLVED, That the additional cost shall be apportioned between the City and Firefighter Crowley as set forth in the Settlement Agreement and the Prior Resolutions. 15. MAYOR'S APPOINTMENTS: 15. Appointments to Various City Boards and Committees — Resolution 15. Ithaca Landmarks Preservation Commission — Resolution RESOLVED, That Katelin Olson be appointed to the Ithaca Landmarks Preservation Commissioner to replace Ashima Krishna with a term to expire December 31, 2014.