HomeMy WebLinkAbout07-01-15 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, July 1, 2015, 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:C
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:
Department of Public Information and Technology:
8.1 Approval of the Sale and Consumption of Beer, Wine, and Hard Cider at the
Commons Celebration Event on August 28-30 (8/30 is a rain date), 2015 -
Resolution
City Administration Committee:
8.2 Ithaca Area Waste Water Treatment Plant Influent Building and Dewatering
System Improvements Project - Amendment No. 2: Request for Funding for
Engineering Services Agreement - Resolution
8.3 Finance, Budget, and Appropriations - Influent Building and Dewatering
Systems Improvement Project Funding - Resolution
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Cornell/City/County Housing Fund – Funding Round #9 – Authorization for
Disbursement of $100,000 in Funds to Assist 210 Hancock Street Resolution and
Memorandum of Understanding
10. CITY ADMINISTRATION COMMITTEE:
10.1 Request to Approve Funding Match for the 2015 New York State Consolidated
Funding Application – Cayuga Lake Blueway Trail Implementation - Resolution
10.2 Support for an Application to the New York Main Street Program by the
Downtown Ithaca Alliance - Resolution
10.3 Authorization for Mayor to Sign Grant Application for Stewart Park – Resolution
Common Council Meeting Agenda
July 1, 2015
Page 2
10. CITY ADMINISTRATION COMMITTEE - CONTINUED:
10.4 A Resolution Amending the Bond Resolutions Dated July 6, 2011 and July 2,
2014, Authorizing the Issuance of an Aggregate $1,518,000 Bonds of the City of
Ithaca, Tompkins County, New York, to Pay the Cost of Studies for the
Investigation and Remediation of the Ithaca Falls Overlook Site, in and for said
City.
10.5 A Resolution Authorizing the Issuance of $4,235,563 Bonds of the City of
Ithaca, Tompkins County, New York, to Pay the Cost of Certain Capital
Improvements in and for said City
10.6 City Controller’s Report
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14. MAYOR’S APPOINTMENTS:
15. REPORTS OF COMMON COUNCIL LIAISONS:
16. REPORT OF CITY CLERK:
17. REPORT OF CITY ATTORNEY:
18. MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the June 3, 2015 Common Council Meeting Minutes – Resolution
19. 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: June 25, 2015
8. CONSENT AGENDA ITEMS:
Department of Public Information and Technology:
8.1 Approval of the Sale and Consumption of Beer, Wine, and Hard Cider at the
Commons Celebration Event on August 28-30 (8/30 is a rain date) 2015 -
Resolution
WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer,
and hard cider tasting and sales as part of the Commons Celebration Event on August
28-30 (8/30 is a rain date) 2015; 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 Commons Celebration Event on the Ithaca Commons, August 28-30 (8/30 is
a rain date), 2015, 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 and hard cider on
the Ithaca Commons; and, be it further
RESOLVED, That the Downtown Ithaca Alliance or the participating winery 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.
8. CONSENT AGENDA ITEMS CONTINUED:
City Administration Committee:
8.2 Ithaca Area Waste Water Treatment Plant Influent Building and Dewatering
System Improvements Project - Amendment No. 2: Request for Funding for
Engineering Services Agreement - Resolution
WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) is in need of certain
Capital Improvements; and
WHEREAS, GHD Engineers completed an Engineering Report entitled “IAWWTF Influent
Building and Dewatering System Improvements Study” as the final project funded by Capital
Project 416J; and
WHEREAS, in order for the staff to maintain its goals as embodied in its five year capital plan,
this agreement provides engineering services for the next set of proposed capital
improvements; and
WHEREAS, by separate resolution Common Council will recommend the approval of
construction contracts; and
WHEREAS, the Special Joint Committee (SJC) approved said professional services contract
with GHD at its meeting of October 9, 2013, and approved Amendment No. 1 on July 9, 2014,
contingent on fund availability and attorney approval of the agreement; and
WHEREAS, the funding supplied by this resolution will be placed in accounts for Capital Project
419J; and
WHEREAS, GHD has submitted a proposal entitled Amendment No. 2 for services to complete
the construction; and
WHEREAS, the SJC approved the additional funding at their June 10, 2015, regular meeting;
now, therefore be it
RESOLVED, That the Common Council hereby amends Capital project 419J by an additional
amount not to exceed $108,000 for a total project authorization of $411,200 to fund the
proposed agreement with GHD Engineers, and be it further
RESOLVED, That funding for Amendment No. 2 be contingent upon action by all wastewater
partners committing their percentage of reimbursement shares to the Joint Activity Fund
allocated per the Joint Sewer Agreement as follows:
Municipality Percentage Project Cost
City of Ithaca 57.14 $61,711.20
Town of Ithaca 40.88 44,150.40
Town of Dryden 1.98 2,138.40
$ 108,000.00
And be it further
RESOLVED, That funds needed for said amendment shall be derived from the issuance of
Bonds and/or Capital Reserve J1.
8.3 Finance, Budget, and Appropriations - Influent Building and Dewatering
Systems Improvement Project Funding - Resolution
WHEREAS, the Ithaca Area Wastewater Treatment Plant’s Special Joint Committee (SJC) at its
June 10, 2015, regular meeting selected the three lowest qualified bids for General
Construction, Electrical and Heating Ventilation and Air Conditioning, for the renovation of the
Influent Building, including bar screen replacement, and the installation of new dewatering
equipment to complement the existing belt filter press; and
WHEREAS, the lowest qualified bid for Contract #15-001 for General Construction submitted by
M.A. Bongiovanni, Inc. in the amount of $2,640,000; and
WHEREAS, the lowest qualified bid for Contract #15-002 for Electrical Construction submitted
by Matco Electrical in the amount of $181,530; and
WHEREAS, the lowest qualified bid for Contract #15-003 for Heating Ventilating and Air
Conditioning Construction by JW Danforth Co. in the amount of $398,800; and
WHEREAS, the cost for these contracts shall be borne by the Town of Dryden, Town of Ithaca
and the City of Ithaca based on the percentage of ownership assigned to each municipality; and
WHEREAS, at the June 10, 2015, regular meeting of the SJC, the owners approved
Ithaca Area Wastewater Treatment Facility (IAWWTF) Influent Building and Dewatering
Equipment upgrades in the amount not to exceed $3,542,363, which includes the contract
values plus a 10% contingency; now, therefore, be it
RESOLVED, That Common Council hereby amends Capital Project 419J Influent Building and
Dewatering Equipment Upgrades by an amount not to exceed $3,542,363 for a total project
authorization of $3,953,563; and, be it further
RESOLVED, That the Ithaca Area Wastewater Treatment Facility is hereby authorized to
negotiate a final contract based on this resolution; and, be it further
RESOLVED, That the City of Ithaca Mayor, the Town of Ithaca Supervisor and the Town of
Dryden Supervisor be authorized to sign the contracts; and, be it further
RESOLVED, That in accordance with the final contracts to be negotiated between the partners
and the three qualified lowest bidders, funding for said project shall be derived by the issuance
of Serial Bonds based on the following schedule which are to include interest rates as stipulated
by the City of Ithaca Controller; and, be it further
Municipality Percentage Project Cost
City of Ithaca 57.14 $ 2,259,066
Town of Ithaca 40.88 $ 1,616,217
Town of Dryden 1.98 $ 78,280
$ 3,953,563
RESOVED, That funding for said project is contingent on the approval of the City of Ithaca,
Town of Ithaca and the Town of Dryden.
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Cornell/City/County Housing Fund – Funding Round #9 – Authorization for
Disbursement of $100,000 in Funds to Assist 210 Hancock Street - Resolution and
Memorandum of Understanding (MOU)
WHEREAS, pursuant to an executed MOU, the Program Oversight Committee for the
Cornell/City/County Housing Fund recommends that the City of Ithaca approve funding
assistance for the following affordable housing project:
$100,000 210 Hancock Street, a 53-unit affordable rental housing project
located at 210 Hancock Street, Ithaca, NY., and
WHEREAS, the Housing Fund Program Oversight Committee (POC) met on March 23,
2015, to review recommendations from the Application Review Committee of Round #9
funding applications for new affordable housing projects; and
WHEREAS, the City of Ithaca is represented on the POC by Alderperson J.R.
Clairborne, Chris Proulx, Ithaca Urban Renewal Agency (IURA) member, and Doug
Dylla, past member of the IURA; and
WHEREAS, the Housing Fund was established in 2009 by Memorandum of Agreement
(MOU) as a six-year program between and among the City of Ithaca, Tompkins County
and Cornell University to raise and award funds to increase the supply of permanently
affordable housing in the County; and
WHEREAS, the Common Council determined that City contributions to the Housing
Fund should be used to assist projects located within the City of Ithaca, and
WHEREAS, City funds committed to the Housing Fund are derived from Gateway Loan
proceeds that originated from sale of City-owned land for the Eddygate project, and are
held by the IURA; and
WHEREAS, the POC recommends Round #9 funding of $200,000 for the following
project:
Round #9, Housing Fund - Recommended Funding Awards
Funding ($1,000s) Applicant Project # Afford.
Units Location Cornell County City Total
Ithaca
Neighborhood
Housing
Services
210 Hancock
St. - New
Construction
53 rental
210 Hancock
St., City of
Ithaca
1000 100 200
Totals 53 1000 100 200
And
WHEREAS, on May 26, 2015, the City of Ithaca Planning and Development Board,
acting as lead agency in the environmental review of this project, determined the project
will result in no significant impact on the environment; now, therefore be it
RESOLVED, That the Common Council for the City of Ithaca hereby authorizes an
expenditure of up to $100,000 to support the 210 Hancock St. affordable housing
project pursuant to the executed MOU; and, be it further
RESOLVED, That such funds shall be derived from Gateway Loan Proceeds held by
the Ithaca Urban Renewal Agency; and, be it further
RESOLVED, That the Mayor is authorized, subject to advice of the City Attorney, to
execute a fiscal agency agreement with Tompkins County to implement this resolution.
CDBG 2009-2-8695
MEMORANDUM OF UNDERSTANDING AMONG THE COUNTY OF TOMPKINS,THE CITY
OF ITHACA,AND CORNELL UNIVERSITY WITH REGARD TO THE COMMUNITY
HOUSING AFFORDABILITY PROGRAM AND THE COMMUNITY HOUSING TRUST
PROGRAM OF THE HOUSING FUND
WHEREAS,the signatories of this Memorandum of Understanding wish to develop and administer the
Housing Fund to be used to meet affordable housing needs throughout Tompkins County,the goal ofthe
Housing Fund being to assist communities and organizations throughout Tompkins County to respond to
the diverse affordable housing needs of its residents,and
WHEREAS,the community has developed the Community Housing Collaborative,which outlines a
series of housing programs that can be implemented through a collaborative effort between Cornell
University and the Tompkins County community to implement the Housing Strategy for Tompkins
County,which seeks to produce a substantial amount of new housing for lower-and middle-income
families in conformance with adopted municipal comprehensive plans and strategicplans,and
WHEREAS,in establishing the Housing Fund,the signatories recognize the benefits of providing funds
to experienced for-profit and not-for-profit developers for pre-development costs through the Community
Housing Affordability Program;and funding through the Community Housing Trust Program for the cost
of land,provided that the housing units developed with those funds on that land remain permanently
affordable through the Community Housing Trust,or such other program or entity meeting the housing
initiative objectives as approved by the signatories,
NOW,THEREFORE,the signatories agree as follows:
A.The signatories are the COUNTY OF TOMPKINS (hereinafter "County"),the CITY OF ITHACA
(hereinafter "City"),and CORNELL UNIVERSITY (hereinafter "Cornell"),with all signatories
hereinafter jointly referred to as "the participating entities".
B.The Housing Fund consists of related programs,the Community Housing Affordability Program and
the Community Housing Trust Program.The Community Housing Affordability Program is a locally
funded and administered program that assists with the pre-development costs associated with
residential and mixed-use real estate development projects.The Community Housing Trust Program is
designed to ensure that newly constructed or rehabilitated homes remain affordable to future
generations of buyers.Permanent affordability is retained by separating the ownership of the land
from the ownership of the dwelling unit,whereby only the dwelling unit is purchased by the
homebuyers,and by restricting the amount of equity that a homeowner can take from the house upon
sale.
C.A Notice of Funding Availability (NOFA)has been drafted to describe funding opportunities through
the Community Housing Affordability Program and the Community Housing Trust Program,
hereinafter referred to as the "Programs."Applicants for funding consideration will be required to
submit detailed evidence of their qualifications and capabilities in completing similar projects and
successfully delivering new or adaptive-reuse housing from awarded funds that conform to the
affordability objectives described in the Notice of Funding Availability.Funds shall be awarded as
described below in Section G.Applicants will be required to comply with certain measurements and
performance criteria intended to ensure that disbursed funds fulfill the objectives set forth by the
signatories.
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CDBG 2009-2-8695
D.The participating entities shall fonn a Program Oversight Committee made up ofthree representatives
appointed by each signatory to this Memorandum of Understanding for a total of nine members.It is
suggested that at least one representative be a member of the elected body or senior administration of
each signatory.The remaining seats should include an appointed community member representing a
financial institution with housing lending experience;a real estate development finn or organization;a
representative from an economic development finn or organization or in the case of Cornell
University,a Cornell representative with housing lending,real estate,or economic development
experience.Each participating entity may also appoint one staff member as an ex-officio non-voting
member.
E.The Program Oversight Committee will be responsible for (1)administering the Programs (including
but not limited to finalizing and administering the NOFA document and process)with assistance from
staff ofthe Tompkins County Planning Department;(2)appointing members to and reviewing
recommendations from the Application Review Committee;and (3)making final funding
recommendations to the participating entities.In addition,the Program Oversight Committee will be
responsible for (4)monitoring the use offunds (5)recommending the conditions for the repayment of
loans;(6)facilitating the fonnal agreement between the granting entities and the funding recipient,
and (7)developing a template agreement to be used by participating entities for funding of applicants
approved by the Program Oversight Committee.
F.Each participating entity shall have representation on the Application Review Committee.An
Application Review Committee shall consist of members appointed by the Program Oversight
Committee to evaluate and rate applications for funding and provide recommendations to the Program
Oversight Committee on such funding applications.The Application Review Committee members
should include an appointed member representing housing professionals from outside the County and
appointed local professionals with experience in relevant fields such as real estate development,
housing,the building industry,planning,sustainable development,human service needs,or real estate
finance.
G.Participating entities agree to enter into the MOU with the understanding that funds will be provided
based on the recommendations of the Program Oversight Committee,and to enter into grant
agreements with funding recipients in a timely fashion.However,notwithstanding the above,each
participating entity shall have the right to decline use of its own funds for an application
recommended for approval by the Program Oversight Committee that does not,at its sole discretion,
match its housing initiative priorities.In recognition that City residents pay property taxes to the
County,the County agrees not to decline an application for funding solely because the housing project
is located within the City,to the extent pennitted by applicable laws and regulations governing use of
County funds paid toward the funding of the NOFA.The decision of the participating entity to decline
support of a project cannot be overruled by the Program Oversight Committee.
H.Each participating entity shall contribute funds in the amounts specified below to be used to capitalize
the Housing Fund.Each participating entity will have custody of and manage its individual
contributions,at its own expense.
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CDBG 2009-2-8695
Table 1:Sources of Funds for the NOFA.
I I Cornell ITennofMOUTompkinsCountyCityofIthaca!TotalIIUniversityI
I $100,000 1$200,000
-
Year 1 $100,000 $400,000
Year 2 $100,000 !$100,000 I $200,000 $400,000
Year 3 $100,000 I $100,000 !$200,000 $400,000
Year 4 $100,000 !$100,000 I $200,000 $400,000f---------
1$100,000 !$200,000YearS$100,000 $400,000
Year 6 $100,000 1$100,000 I $200,000 $400,000
Total Contribution $600,000 I $600,000 .~_$1,20~O09 I $2,400,000----------
1.The COUNTY agrees to:
1.Contribute $600,000 ($100,000 annually per Table 1 during the tenn of the MOD)toward the
funding of the NOFA.
2.Participate in the Program Oversight Committee to prepare a Notice of Funding Availability
(NOFA)consistent with the scope of funding described in the relevant portions ofthe
Community Housing Collaborative (Attachment 1)and the Cornell Housing Initiative
(Attachment 2).
3.Make such contribution on the condition all disbursements of funding made from its
contributions are used on proposed housing projects consistent with the municipal program
requirements for the sources of funding andthe relevant portions of the Community Housing
Collaborative (Attachment 1).
4.Participate on the Program Oversight Committee throughout the NOFA process.
5.Enter into an agreement for disbursement of funds to approved grant recipients based upon the
template developed by the Program Oversight Committee,and provide a copy of all such
funding agreements to the Program Oversight Committee.
6.Track County funds and matching funds and disburse the funding awards as appropriate for
proposal(s)receiving County funding.
7.Account on a quarterly basis to the other participating entities for disbursement of funds for
the NOFA.
J.The CITY agrees to:
1.Contribute $600,000 ($100,000 annually per Table 1 during the tenn of the MOD)toward the
funding of the NOFA.
2.Participate in the Program Oversight Committee to prepare a Notice of Funding Availability
(NOFA)consistent with the scope of funding described in the relevant portions ofthe
Community Housing Collaborative (Attachment 1)andthe Cornell Housing Initiative
(Attachment 2).
3.Make such contribution on the condition all disbursements of funding made from its
contributions are used on proposed housing projects consistent with the municipal program
requirements for the sources of funding and the relevant portions of the Community Housing
Collaborative (Attachment 1).
4.Participate on the Program Oversight Committee throughout the NOFA process.
5.Enter into an agreement for disbursement of funds to approved grant recipients based upon the
template developed by the Program Oversight Committee,and provide a copy of all such
funding agreements to the Program Oversight Committee..
6.Track City funds and matching funds and disburse the funding awards as appropriate for
proposal(s)receiving City funding.
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CDBG 2009-2-8695
K.CORNELL agrees to:
1.Contribute $1,200,000 ($200,000 annually per Table 1 during the term of the MOD)toward
the funding of the NOFA.
2.Participate in the Program Oversight Committee to prepare a Notice of Funding Availability
(NOFA)consistent with the scope of funding described in the Cornell Housing Initiative
(Attachment 2)and the relevant portions of the Community Housing Collaborative
(Attachment 1).
3.Make such contribution on the condition all disbursements of funding made from its
contributions are used on proposed housing projects consistent with the Cornell Housing
Initiative (Attachment 2)and the relevant portions ofthe Community Housing Collaborative
(Attachment 1).
4.Participate on the Program Oversight Committee throughout the NOFA process.
5.Enter into an agreement for disbursement of funds to approved grant recipients based upon the
template developed by the Program Oversight Committee,and provide a copy of all such
funding agreements to the Program Oversight Committee.
6.Track Cornell funds and matching funds and disburse the funding awards as appropriate for
proposal(s)receiving Cornell funding.
L.Additional municipalities,major employers,charitable foundations,or private entities are encouraged
to contribute funding to the Housing Fund.It is the responsibility of the Program Oversight
Committee to oversee the contributions of additional entities.The Program Oversight Committee
may accept or reject contributions at its sole discretion.The Program Oversight Committee will at its
sole discretion determine how funds from additional entities are to be disbursed.In the event an
additional municipality,major employer or charitable foundation who commits to contribute funding
also seeks representation on the Program Oversight Committee,such representation shall be permitted
as follows:
1.A contribution of $50,000 or more to the Housing Fund by an interested municipality,major
employer or charitable foundation will make it eligible to appoint one associate member to the
Program Oversight Committee for the program year in which the contribution is made.
Associate members will not have voting privileges,and their participation on the Program
Oversight Committee will be limited to the discussions regarding the use of their contribution
to fund specific projects.
2.The contributors will agree to disburse funding awards for proposal(s)receiving funding as
directed by the Program Oversight Committee.
M.Funds not expended in one year by any of the participating entities will be rolled over to the following
year and will be available in addition to the participating entity's annual contribution.
N.This MOU shall be effective upon execution by all the participating entities and shall have a term of
SIx-years.
O.Each participating entity may terminate this MOU for any reason upon thirty (30)days written notice
to the other participating entities.Upon termination,the terminating entity shall honor the funding
obligations in any agreements made by it with funding recipients prior to the date of termination,but
shall have no further obligations under the MOU.
P.Modification:This Memorandum of Understanding may be modified at any time by mutual
agreement of all three signatories.The Program Oversight Committee will review the Notice of
Funding Availability and the Memorandum of Understanding every two years.
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CDBG 2009-2-8695
Q.To the extent pennitted by law,each participating entity hereby agrees to indemnify,hold hannless
and defend the other participating entities and their respective officers,employees,agents and elected
officials from and against anyand all claims and actions brought against the other participating
entities and their respective officers,employees,agents or elected officials,for injury or death to any
person or persons,or for damage to property,arising out of the perfonnance of this Memorandum of
Understanding by the participating entity,its employees,subcontractors,or agents.
R.Participating entities will not discriminate against any employee,applicant for employment,sub-
contractor,supplier of materials or services,or program participant because of actual or perceived:
age,creed,color,disability,ethnicity,familial status,gender,height,immigration or citizenship status,
marital status,national origin,race,religion,sexual orientation,socio-economic status,or weight.
S.The Program Oversight Committee shall adopt,by agreement of at least seven committee members,
initial operating rules that minimally define a quorum as 6 members including at least 2 members
from each participating entity,and specify the minimum number of votes required to take action.
Amendments to the operating rules shall require agreement of at least seven duly appointed committee
members.
Tompkins County
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Signature:--""--/-1-11£'---------------
Date:-~i/...:JlLj,rr(o~~----
City of Ithaca
Name:--='--'=----1-'--'-......-:....::...:..-------'-----
Title:-------f-=----------------IV)Ol 1 onr-
Signature:__a""-------I't_t,_t'f-'-;(4-f=:"---_/L_t_-I-"',~~.~:..u..·.""-~::=:.V~_'_~1_'_~__
Date:4 -L3J ~O ~
5
Cornell University
CDBG 2009-2-8695
Title:
Signature:
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CDBG 2009-2-8695
Attachment 1
An Excerpt from the Community Housing Collaborative1
June 9,2008
This proposal outlines a set of housing programs that can be implemented through a collaboration
between Cornell University and the Tompkins County community to implement the Housing Strategy for
Tompkins County,which seeks to produce a substantial amount of new housing for lower and middle
income families.The community is broadly defined to include Tompkins County,local governments,
lenders,housing developers and non-profit organizations.
Cornell has offered to contribute up to $10 million over the next decade toward housing programs that
willbenefit its staff,faculty,graduate students and area residents.The community can also make
significant contributions of monetary and institutional resources toward housing programs that will
substantially leverage Cornell's investment.Successful implementation of the programs envisioned under
this collaboration could dramatically change housing conditions in Tompkins County by producing up to
775 housing units with a total development cost of$169 million.
Guiding Principles
Tompkins County faces a growing need for additional housing of all types.This deficit mandates a focus
on the development of a substantial number of new housing units over the next ten years.
•All new housing should be developed in conformance with the Tompkins County Comprehensive
Plan and the adopted Housing Strategy for Tompkins County coordinated with local municipal
plans.The plan and its implementation strategy encourage development in urban areas or growth
nodes that are served by public transportation,water and sewer,municipal services and businesses.
•New housing should be developed in locations convenient to major employment centers to
maximize opportunities for residents to commute to work as pedestrians or bicyclists and to
minimize the negative impacts of commuting through traffic on residential neighborhoods.
•New housing development should accommodate the needs of a broad range of household incomes,
types and sizes.Both rental and owner housing should be developed in forms and sizes that
provide more choice than is available today.Mixed income development is highly desired.
•At least 50%ofthe new housing that is developed should be workforce housing that is affordable
to low-and moderate-income households.All new workforce owner housing should remain
permanently affordable through legally enforceable shared appreciation mechanisms that preserve
affordability of units for future homebuyers,such as a community housing trust.
I The Housing Action Group is an informal group of housing professionals in Tompkins County.At the Mayor's Housing
Forum in summer 2007 the group was tasked with putting together a community housing collaborative.The collaborative was
an outline of the housing initiatives that the community could work on withCornell University.There was a description of the
programs themselves and a brief discussion of what it would take to accomplish each program.The collaborative was
presented at the December 2007 Mayor's Housing Forum.
It is understood that the proposed housing programs,as described in this document,are accurate as of June 9,2008.It is also
understood that these programs will evolve over time therefore this document serves as a reference point.
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CDBG 2009-2-8695
•Current and future Cornell employees and other in-commuters should be provided with financial
incentives to live in Tompkins County,preferably with access to the public transportation system.
•All housing programs should,to the maximum extent feasible,leverage outside funding from
public,non-profit and private sources.
•All new housing should pay a fair share of taxes,orpayrnents in lieu or taxes,so as to not shift the
cost of providing public services and infrastructure to other residents,unless taxes are expressly
abated to induce desired housing development.
•All new housing should utilize green building practices to encourage sensible development
patterns;energy efficiency;the use of sustainable materials;improved environmental health;and
reduction of waste.
Proposed Housing Programs
The following are brief descriptions of housing programs that can be implemented through this
collaboration.While each of these programs could be developed independently of each other,there are
numerous ways that they can complement each other to create a comprehensive approach to housing in
Tompkins County.Initial recommended financial commitments from public and private sources to
establish the Housing Affordability Fund and Housing Trust Fund are provided.
EMPLOYER ASSISTED HOUSING PROGRAM [OMITTED]
HOUSING AFFORDABILITY FUND
Goal:Provide grants or loans to support the pre-development of affordable housing projects.
Type of housing:Available to support the development of any new construction or substantial
rehabilitation project,rental or owner-occupied,that confonns to the guiding principles listed above and
fits into the housing programs described below.
Description:A locally funded and administered fund that assists with the predevelopment costs
associated with affordable or mixed-income housing projects.Eligible uses of the fund would include the
cost of lan4;environmental assessment;site design;building design;approvals;pennits;market studies;
or financing fees.It is expected that the fund will be repaid when the project has been completed and the
pennanent financing is in place,but the money could also be forgiven for low-income or mixed income
projects undertaken by a non-profit developer.Eligible borrowers would include both for-profit and non-
profit developers.An oversight board would establish goals for the program;review applications for
funding;and approve loans.
Financing:The fund would be capitalized at $800,000 by commitments for contributions of $200,000
each from Tompkins County and the City ofIthaca and $400,000 from Cornell over the next 6 years.The
Countyand City funds would be restricted to projects that primarily benefit low-income households.
Who's responsible?An oversight boardvested with the authority to make funding decisions on project
proposals,supplemented by staff capable of analyzing projects and creating loan documents.An existing
board such as the IDA or TCAD board,acceptable to funders,may be suited to serve this role.
8
CDBG 2009-2-8695
Leverage:$400,000 Cornell contribution directly leverages $400,000 in funding from local
governments.Predevelopment money for projects potentially leverages other development funding at
ratio of about 1:12.
COMMUNITY HOUSING TRUST FuND
Goal:Create permanently affordable housing units for low-or moderate-income homebuyers.
Type of housing:Any form of owner-occupied housing including single family detached;semi-
detached,condominium or cooperative.Either new or existing housing could be brought into the
program.
Description:A community housing trust is designed to maximize the use of valuable development
subsidies by ensuring that homes remain affordable to future generations of buyers.Permanent
affordability for homeowner housing is ensured by separating the ownership of the land from the
ownership of the house (only the house is purchased)and by restricting the amount of equity that a
homeowner can take from the house upon sale.Community housing trust homes rise in value,but at a
slower rate than the conventional housing market.The development prpcess for community housing trust
properties is the same as any other real estate project but the ownership is different.Generally,a non-
profit organization acts as the developer and retains ownership of the land.The houses may be sold using
conventional affordable housing purchase subsidy programs such as grants for down payment and closing
costs or low-interest first mortgage loans.The non-profit retains permanent stewardship of the land and
the enforcement of resale deed restrictions.
Financing:The fund would be capitalized at $1,600,000 by commitments for contributions of $400,000
each from Tompkins County and the City ofIthaca and $800,000 from Cornell over the next 6-years.
Donations of land or financial contributions to assist with the purchase of land are important elements in
reducing housing costs.In addition,a community housing trust requires start-up and on going operating
funding for program management.An $800,000 Cornell contribution over the next six years leverages
$800,000 in funds from Tompkins County and the City ofIthaca.Affordability is achieved through the
use of standard development and purchase subsidies including grants from state or federal sources to
subsidize construction and grants or loans to lower the cost of purchase financing.These subsidies would
be made available through local governments.A community housing trust property that targets a
moderate-income household would utilize conventional development and purchase financing.
Who's responsible?This progranl will need to be established and administered by a non'"profit
organization that has the capacity for real estate development,marketing,lending and legal oversight.
INHS has initiated the development of a community housing trust and expects to eventually spin off a
separate non-profit operating countywide that is dedicated solely to this mission.
Leverage:Land,including infrastructure,represents about 20%ofthe total development cost for
residential housing.A contribution of land would leverage other funds on a 1:4 basis.Housing built
under the community housing trust concept could also attract significant subsidies from state and federal
affordable housing programs.The long-term affordability ofthis housing could require higher than
normal subsidy amounts.
9
RENTAL HOUSING DEVELOPMENT [OMITTED]
TAX EXEMPT BOND FINANCING/CREDIT ENHANCEMENT [OMITTED]
10
CDBG 2009-2-8695
CDBG 2009-2-8695
Attachment 2
Principles of CornellWorkforce Housing Initiative
June 2008
1.Recruitment/Retention
The primary objectives for the workforce housing initiative are to benefit the future recruitment
and retention of top quality faculty and staff at Cornell and to supplement the University's student
off-campus housing options as applicable,consistent with the University's campus master plans.
2.Housing Stock
Commitment to increase thesupply of diversity of housing stock within Tompkins County through
the development of quality,attractive and sustainable residential communities for the benefit of
Cornell and its employees,and the community.
3.Housing Prices
Cornell will work on affordable housing solutions with preference to first-time homebuyers,by
encouraging the development of new projects that increase the housing supply,but do not increase
housing prices.
4.Adjacency/Development
Housing assistance programs funded via the initiative should benefit Cornell employees seeking
homes near the main campus or on public transportation routes.
5.Transportation Strategies
Housing assistance programs funded via the initiative should support the principles of the
transportation-focused Generic Environmental Impact Statement (t-GEIS),increase development
around transportation nodes,and reduce the median commute distance of Cornell employees.
6.Sustainability
Housing assistance programs must contain an array of sustainability factors such as:(a)long-term
affordability to future generations of campus employees and students,(b)environmentally
responsible development,and (c)recycling of Cornell's investments into future projects or
investments.
7.Adaptability
Housing assistance programs and housing development projects funded via the initiative should be
capable of adapting to evolving campus needs.
8.Community Alignment
Housing assistance programs and housing development projects funded via the initiative should
align with local municipal housing and sustainable nodal development strategies.
9.Leverage funds
The initiative includes collaboration with local municipal sponsors in an effort to leverage local,
state,federal and private funding opportunities to the fullest extent possible for housing assistance
programs and housing development projects funded via the initiative.
11
10. CITY ADMINISTRATION COMMITTEE:
10.1 Request to Approve Funding Match for the 2015 New York State
Consolidated Funding Application – Cayuga Lake Blueway Trail Implementation -
Resolution
WHEREAS, the State of New York has announced the availability of funds through the
2015 State of New York Consolidated Funding Application (CFA); and
WHEREAS, Tompkins County is interested in applying for a Local Waterfront
Revitalization Program (LWRP) grant from the New York State Department of State
through the CFA process to implement the Cayuga Lake Blueway Trail Plan, the
objective of which is to solidify Cayuga Lake as a prime paddling destination in the
northeast; and
WHEREAS, implementation of the plan will focus on creating a safe environment for
people who use non-motorized paddle craft (kayaks, canoes, standup paddleboards,
etc) to access local business, recreation areas and to enjoy the beauty of the Finger
Lakes region by providing information and signage about the water trail as well as more
and enhanced access points for launching and docking paddle craft; and
WHEREAS, the plan identifies 14 existing priority sites to develop in the short term as
launch sites or “trailheads” on the Blueway Trail throughout Tompkins, Seneca and
Cayuga Counties, three of which are in the City of Ithaca at Cass Park, Stewart Park
and Treman Marina; and
WHEREAS, staff from the Tompkins County Planning Department, in collaboration with
the Tompkins County Strategic Tourism Planning Board, Ithaca Tompkins County
Convention and Visitors Bureau, and other local, regional and state partners, are
preparing an application that will include, but not be limited to, the following
components:
Marketing: including a logo, sign design and visual identity for the new water trail
along with an interactive website, print promotional materials and a map;
Trailhead Signage: water facing and land-facing identification signage, along with
an interpretive kiosk showing maps, itineraries, paddling information, local
business information and interpretive information at each of the 14 existing sites,
and
Physical Improvements: paddling access improvements such as new ramps and
docks and storage racks at a handful of anchor trailhead sites which include
Cass Park and Stewart Park, and Aquatic Invasive Disposal Stations at each of
the 14 existing sites, and
WHEREAS, Common Council is interested in supporting this grant so as to enhance the
City’s and region’s draw as a paddling destination and to enhance water based
recreation opportunities for local residents; and
WHEREAS, the LWRP grant program requires a 50% local match; and
WHEREAS, other major partners include Cayuga and Seneca Counties, the New York
State Office of Parks, Recreation and Historic Preservation, the New York State
Canalway Corporation, the Erie Canalway National Heritage Corridor, the Town of
Ithaca, the Town of Lansing, and several other municipalities in Cayuga and Seneca
Counties; and
WHEREAS, other sources of funding are still being determined, but are likely to include
the Tompkins County Tourism Program, Cayuga County, Seneca County, Tourism
Promotion Agencies (TPAs) in the three counties, the Town of Lansing, State Parks,
and other towns in Seneca and Cayuga Counties; and
WHEREAS, physical improvements of the project that are within the City will have a
total estimated cost of approximately $107,000; now, therefore, be it
RESOLVED, That Common Council hereby confirms its intention to commit funds in an
amount not to exceed $20,000 contingent upon an award of funds from the 2015 CFA
and completion of environmental review.
10.2 Support for an Application to the New York Main Street Program by the
Downtown Ithaca Alliance - Resolution
WHEREAS, the State of New York Division of Homes and Community Renewal
administers the New York Main Street Grant Program which is part of the State’s
Consolidated Funding Application round whose application deadline is July 31, 2015;
and
WHEREAS, the New York Main Street Program has created an expanded Downtown
Anchor project category for stand alone, single site projects that help establish or
expand cultural, residential or business anchors that are key to local revitalization efforts
through substantial interior and/or exterior building renovation; and
WHEREAS, Anchor projects may request between $100,000 and $500,000 and Main
Street grant awards cannot exceed 75% of the total project cost; and
WHEREAS, the Downtown Ithaca Alliance proposes to submit an application to the
Main Street program for a Downtown Anchor project for 115/117 North Cayuga Street,
also known as the Masonic Temple, a landmark, historic downtown anchor building that
has remained vacant for nearly a decade; and
WHEREAS, the owner of 115/117 North Cayuga Street is willing to provide and exceed
the required grant matching requirements; and
WHEREAS, the proposed project will be designed to renovate 115/117 North Cayuga
Street, improving both the interior and exterior of the building, including, but not limited
making the property ADA compliant with the addition of an elevator; and
WHEREAS, the ownership of the property has devised a strategy to re-purpose the
building for occupancy and have been exploring options for re-use, including converting
the building into a possible public assembly/institutional use; and
WHEREAS, the New York Main Street program will act to preserve the historic integrity
of the building through its required review and sign-off by the State Historic Preservation
Office (SHPO); and
WHEREAS, the Downtown Ithaca Alliance will serve as recipient and administrator of
any grant award and will work with the building owner on the bidding and monitoring of
the project; and
WHEREAS, the New York Main Street Program grant program requires all applications
to be accompanied by a resolution of support from both the board of directors of the
applicant organization (the DIA) as well as a resolution of support from the City
Common Council; now, therefore be it
RESOLVED, That Common Council hereby offers its support and endorsement for the
application of the Downtown Ithaca Alliance to the New York Main Street program for
2015 on behalf of the renovation of the landmark building at 115/117 North Cayuga
Street.
DRAFT SUMMARY OF PROJECT CONCEPT AS OF 6/17/15
Prepared by Nathan Lyman, Ithaca Renting Company
115-117 N. Cayuga (the “Property”) was built in 1926 and is the previous home
of the Masons in the City of Ithaca. Located at the corner of Seneca Street and N.
Cayuga Street, it is an imposing limestone structure that anchors the north west section
of the downtown. The structure from both an interior and exterior perspective is
relatively unchanged since the 1920s. It is approximately 20,000 square feet and
contains numerous small and large meeting rooms, bathrooms segregated by floor (i.e.
men on one floor and women on a different floor) and staircases. Uses appropriate for
a fraternal organization in the 1920’s do not match well with the needs of today’s tenant
pool. The structure is not easily divisible into separate tenant spaces and without an
elevator cannot be rented to more than one tenant because of ADA requirements.
In 1994 the City of Ithaca designated the Property as historically significant
locally. This designation limits the owner’s ability to re-develop the site, and prevents
replacement of the structure. Without an elevator in the structure, and current
building/fire codes and ADA requirements severely limit the pool of prospective tenants.
The Owner has searched for a number of years for qualified tenants capable of utilizing
the space in its current configuration, without success.
Key to the re-purposing of the structure is creating an ADA compliant
environment, which can only be accomplished with the installation of an elevator. As
the first floor is approximately 4 feet above the level of the street, this will require a
street level entrance and lobby area, with multiple stops. Current designs in process
will allow stops at the basement, street, first, second and third floor levels. As there are
limited places in the building where all the floors can be reached by an elevator,
modification of the interior walls/structural supports will be necessary, at significant
expense.
The Owner is exploring three alternative avenues for the use of the building.
One involves re-purposing the building into a public use building. This use would result
in less interior modification, preservation of the second floor grand lodge room, but more
expense related to restoration of the interior and meeting applicable codes for public
assembly. The Owner is in conversations with interested parties, but no commitment
has yet been received.
The second avenue is to split the building into 4 rentable spaces, which would
encompass retail, office and/or restaurant. This avenue is being designed in parallel
with the other two.
The third avenue (also being planned in parallel) is to convert the entire structure
to residential housing purposes. The City of Ithaca has recognized an extreme need for
additional housing units in the urban core, and this conversion would assist in meeting
that need. Under the terms of the grant application, some of the units would have to be
reduced rent in compliance with the guidelines, thereby promoting more affordable
housing in the urban core.
The anticipated cost, regardless of which avenue is selected, is expected to be in
excess of $1,000,000. The third avenue is estimated to be much more costly, due to
the larger scope of work, and building code requirements for housing units.
Local government officials have expressed a desire to see the Property put back
into service, but economic realities of construction, ILPC designation, and governmental
requirements limit the opportunities of the owner. The Main Street Program presents a
unique opportunity to accomplish the desires of the local government at no expense to
local taxpayers.
10.3 Authorization for Mayor to Sign Grant Application for Stewart Park -
Resolution
WHEREAS, the roof of the Stewart Park Dance Pavilion is in great need of repairs and
improvements; and
WHEREAS, assuring the integrity of the building would preserve a significant historic
structure for current use by the Parks and Forestry section and the Ithaca Youth
Bureau; and
WHEREAS, these building improvements would greatly promote the use of the building
as a potential future educational and tourism destination for residents and visitors alike;
and
WHEREAS, the State of New York has noticed the availability of funding through the
Consolidation Funding Application (CFA); and
WHEREAS, Common Council is interested in applying for a Parks grant in order to
design and construct repairs and improvements to the Dance Pavilion; now, therefore
be it
RESOLVED, That the Mayor of the City of Ithaca, is hereby authorized and directed to
submit an application for funding to the State of New York in accordance with the
provisions of the Consolidation Funding Application (CFA) process, in a amount not to
exceed $150,000, and upon approval of said request to enter into and execute a project
agreement with the State for such financial assistance to the City of Ithaca for
construction of a project to repair and improve the roof of the Dance Pavilion at Stewart
Park.
10.4 A Resolution Amending the Bond Resolutions Dated July 6, 2011 and July 2,
2014, Authorizing the Issuance of an Aggregate $1,518,000 Bonds of the City of
Ithaca, Tompkins County, New York, to Pay the Cost of Studies for the
Investigation and Remediation of the Ithaca Falls Overlook Site, in and for said
City.
WHEREAS, by bond resolutions dated July 6, 2011 and July 2, 2014, the Common
Council of the City of Ithaca, Tompkins County, New York, authorized the issuance of
an aggregate $1,518,000 bonds of said City to pay the cost of studies for the
investigation and remediation of the Ithaca Falls Overlook site, in and for said City, and
determined that the period of probable usefulness thereof was five years, as a financing
for the planning for the capital project of such remediation; and
WHEREAS, it has now been determined that such authorization shall include the costs
of the capital project itself and that it is in the financial interest of said City to amortize
the serial bonds for a period in excess of five years, the period of probable usefulness of
said specific object or purpose being fifteen years in accordance with the applicable
provision of the Local Finance Law; and
WHEREAS, it is now desired to amend such bond resolutions accordingly; now,
therefore, be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. The bond resolutions dated July 6, 2011 and July 2, 2014, as more fully
described in the preambles hereof, are each hereby amended to provide that the period
of probable usefulness is now determined to be fifteen years pursuant to subdivision
19(c) of Section 11.00 of the Local Finance Law for both the planning and
implementation of the remediation of the Ithaca Falls Overlook site for use as a public
park, such period to be calculated from the date of issuance of the first bond anticipation
note issued pursuant to the bond resolution dated July 6, 2011.
Section 2. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty days after the date of such
publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 3. This resolution, which takes effect immediately, shall be published in
summary form in the Ithaca Journal, the official newspaper, together with a notice of
the City Clerk in substantially the form provided in Section 81.00 of the Local Finance
Law.
10.5 A Resolution Authorizing the Issuance of $4,235,563 Bonds of the City of
Ithaca, Tompkins County, New York, to Pay the Cost of Certain Capital
Improvements in and for said City
WHEREAS, all conditions precedent to the financing of the capital projects hereinafter
described, including compliance with the provisions of the State Environmental Quality
Review Act, have been performed; and
WHEREAS, it is now desired to authorize the financing of such capital projects; now,
therefore be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the object or purpose of paying the cost of certain capital
improvements in and for the City of Ithaca, Tompkins County, New York, there are
hereby authorized to be issued $4,235,563 bonds of said City pursuant to the provisions
of the Local Finance Law, apportioned among such capital improvements in accordance
with the maximum estimated cost of each. The capital improvements to be financed
pursuant to this bond resolution, the maximum estimated cost of each, the amount of
bonds to be authorized therefore, the period of probable usefulness of each, and
whether said capital improvements are each a specific object or purpose or a class of
objects or purposes, including in each case incidental improvements, equipment,
machinery, apparatus, appurtenances, furnishings and/or expenses in connection
therewith, are as follows:
a) Additional costs for the replacement of Lake Street over the Fall Creek Bridge, in
and for said City, at a maximum estimated cost of $30,000. It is hereby determined that
the plan for the financing of such portion of the cost of such specific object or purpose
shall consist of the issuance of $30,000 bonds of the $4,235,563 bonds of said City
authorized to be issued pursuant to this bond resolution; PROVIDED, HOWEVER, that
to the extent that any Federal or State grants-in-aid are received for such specific object
or purpose, the amount of bonds to be issued pursuant to this resolution shall be
reduced dollar for dollar. It is hereby further determined that the aggregate plan of
financing of such specific object or purpose includes $1,464,250 bonds of the City
heretofore authorized by a bond resolution dated and duly adopted on December 4,
2013. The aggregate maximum estimated cost of said specific object or purpose is now
determined to be $1,494,250. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is 15 years, pursuant to
subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law, calculated
from the date of issuance of the first obligations therefor;
b) Additional costs of the construction of bulb-outs extensions of curbs and
sidewalks at City intersections of W. Green and W. Seneca Streets to improve
pedestrian visibility and safety at intersections, in and for said City, at a maximum
estimated cost of $60,000. It is hereby determined that the plan for the financing of
such portion of the cost of such specific object or purpose shall consist of the issuance
of $60,000 of the $4,235,563 bonds of said City authorized to be issued pursuant to this
bond resolution. It is hereby further determined that the aggregate plan of financing of
such specific object or purpose includes an aggregate $279,000 bonds of the City
heretofore authorized by bond resolutions dated and duly adopted on July 6, 2011,
December 7, 2011 and December 4, 2013. The aggregate maximum estimated cost of
said specific object or purpose is now determined to be $339,000. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is 10 years, pursuant to subdivision 24 of paragraph a of Section 11.00 of the
Local Finance Law, calculated from the date of issuance of the first obligations issued
therefor;
c) Additional costs of the reconstruction of the Skate Park, in and for said City, at a
maximum estimated cost of $61,000. It is hereby determined that the plan for the
financing of such portion of the cost of such specific object or purpose shall consist of
the issuance of $61,000 of the $4,235,563 bonds of said City authorized to be issued
pursuant to this bond resolution. It is hereby further determined that the aggregate plan
of financing of such specific object or purpose includes $18,000 bonds of the City
heretofore authorized by a bond resolution dated and duly adopted on December 4,
2013. The aggregate maximum estimated cost of said specific object or purpose is now
determined to be $79,000. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is 15 years, pursuant to
subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law, calculated
from the date of issuance of the first obligations issued therefor;
d) The painting of the Stewart Avenue Bridge over Cascadilla Creek, in and for said
City, at a maximum estimated cost of $80,000. It is hereby determined that the plan for
the financing of such specific object or purpose shall consist of the issuance of $80,000
of the $4,235,563 bonds of said City authorized to be issued pursuant to this bond
resolution; PROVIDED, HOWEVER, that to the extent that any Federal or State grants-
in-aid are received for such specific object or purpose, the amount of bonds to be
issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is 10 years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the
Local Finance Law;
e) The City’s share of the joint activity project for improvements and renovations to
the Ithaca Area Wastewater Treatment Facility, including heating, ventilating and air
conditioning improvements, bar screen replacement, and installation of new dewatering
equipment to complement the existing belt filter press, in and for said City, at a
maximum estimated cost of $3,953,563. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of $3,953,563
bonds of the $4,235,563 bonds of said City authorized to be issued pursuant to this
bond resolution. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 40 years, pursuant to subdivision 4 of paragraph
a of Section 11.00 of the Local Finance Law; and
f) Upgrades to Upper Cascadilla Creek Walkway, including stairs, sidewalk and
railing in connection therewith, in and for said City, at a maximum estimated cost of
$51,000. It is hereby determined that the plan for the financing of such specific object
or purpose shall consist of the issuance of $51,000 bonds of the $4,235,563 bonds of
said City authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is 15 years, pursuant to subdivision 19 (c) of paragraph a of Section 11.00 of
the Local Finance Law;
Section 2. The aggregate maximum estimated cost of the aforesaid objects or
purposes is $4,235,563, and the plan for the financing thereof is by the issuance of the
$4,235,563 serial bonds authorized by Section 1 hereof, allocated to each of the objects
or purposes in accordance with the maximum estimated cost provided in Section 1
hereof.
Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 4. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. Such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law.
Section 5. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 6. The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the City Controller, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner
as he shall deem best for the interests of the City; provided, however, that in the
exercise of these delegated powers, he shall comply fully with the provisions of the
Local Finance Law and any order or rule of the State Comptroller applicable to the sale
of municipal bonds. The receipt of the City Controller shall be a full acquittance to the
purchaser of such bonds, who shall not be obliged to see to the application of the
purchase money.
Section 7. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty
days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 8. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long-term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 9. This resolution, which takes effect immediately, shall be published in
summary form in the Ithaca Journal, the official newspaper, together with a notice of
the City Clerk in substantially the form provided in Section 81.00 of the Local Finance
Law.