HomeMy WebLinkAbout09-02-15 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, September 2,
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:
4.1 A Public Hearing Regarding the Proposed Assessment Roll, Budget,
And Schedule of Work for Each Sidewalk Improvement District for
Fiscal Year 2016
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Human Services Coalition Grant for City of Ithaca’s “Creating Healthy Places
Program and Its Impact on City of Ithaca Employees” – Report from Vicki
Armstrong
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 Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider
Tasting and Sale of Bottled Wine, Beer, and Hard Cider at the 2015 Apple
Harvest Festival – Resolution
City Administration Committee:
8.2 Department of Planning, Building, Zoning and Economic Development -
Amendment to Personnel Roster – Resolution
8.3 Human Resources Department - Reassignment of Bargaining Unit for Recreation
Maintenance Supervisor - Resolution
8.4 City Attorney’s Office - Temporary Suspension of City’s Right to Demand
Conveyance of Land - Resolution
8.5 Planning, Building, Zoning, and Economic Development Department – Request
to Amend the 2015 Department Budget - Roster
Common Council Meeting Agenda
September 2, 2015
Page 2
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 *Adoption of Plan Ithaca as Phase I of the City of Ithaca Comprehensive Plan
A. Declaration of Lead Agency Status– Resolution
B. Determination of Environmental Significance – Resolution
C. Adoption of Plan – Resolution
*The link to the Comp Plan webpage is:
http://www.cityofithaca.org/165/City-Comprehensive-Plan
9.2 Agreement with Ithaca Neighborhood Housing Services (INHS) for Future
Improvements to Lake Avenue and Eastern Portion of Adams Street – Resolution
10. CITY ADMINISTRATION COMMITTEE:
10.1 Authorization to Enter Into Agreement with Tompkins County and Cornell
University to Continue the Housing Fund Program for an Additional Six Years
A. Declaration of Lead Agency Status- Resolution
B. Determination of Environmental Significance – Resolution
C. Authorization of Agreement - Resolution
10.2 Mayor - Approval of a New Bus Service in the City - Resolution
10.3 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 August 5, 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: August 27, 2015
8. CONSENT AGENDA ITEMS:
Department of Public Information and Technology:
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 2015 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 2015 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 2-4, 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
8.2 Department of Planning, Building, Zoning and Economic Development -
Amendment to Personnel Roster - Resolution
WHEREAS, on December 31, 2014, the Office Assistant position in the Building
Division became vacant due to a retirement; and
WHEREAS, support staff in the Planning Division, along with the Building Division
Receptionist, have been managing the work in absence of the Office Assistant; and
WHEREAS, the current Receptionist, has been performing work that is qualified under
the Civil Service Job Description, as an upgrade to Permit Clerk; now, therefore be it
RESOLVED, That the Personnel Roster of the Department of Planning, Building,
Zoning, and Economic Development be amended as follows:
Add: One (1) Permit Clerk (40 hours) – Grade 6
Delete: One (1) Receptionist (40 hours) – Grade 2
And, be it further
RESOLVED, That funding for this roster change shall be derived from within the
Department of Planning, Building, Zoning and Economic Development’s existing
budget.
8.3 Human Resources Department - Reassignment of Bargaining Unit for
Recreation Maintenance Supervisor - Resolution
WHEREAS, the position of Recreation Maintenance Supervisor no longer meets the
overtime-exemption criteria of the federal Fair Labor Standards Act; and
WHEREAS, the Recreation Maintenance Supervisor position is currently assigned to
the overtime-exempt Executive Association, but has a greater community of interest
with the overtime-eligible CSEA Department of Public Works Unit; now, therefore be it
RESOLVED, That the position of Recreation Maintenance Supervisor be and hereby is
removed from the Executive Association; and, be it further
RESOLVED, That the position of Recreation Maintenance Supervisor be and hereby is
assigned to the CSEA Department of Public Works Unit at salary grade 9; and, be it
further
RESOLVED, That the increased costs associated with this reassignment shall be
absorbed within the existing Youth Bureau budget.
8.4 City Attorney’s Office - Temporary Suspension of City’s Right to Demand
Conveyance of Land - Resolution
WHEREAS, Texas Roadhouse Holdings LLC plans to construct a restaurant at 719-725
South Meadow Street (“Restaurant”) pursuant to a lease with a term of up to thirty
years; and
WHEREAS, a 1951 deed refers to the right of the City to demand that a 16-foot-strip of
land on the south end of that property be conveyed to the City “for street purposes”; and
WHEREAS, the City has not previously demanded that the strip of land be conveyed to
the City, and the Superintendent of Public Works has no plans to use the strip of land
for street purposes; and
WHEREAS, the “Restaurant” is to be constructed, in part, on that area and Texas
Roadhouse desires to secure a commitment from the City to temporarily relinquish its
right to require that a portion of the land be deeded to the City until (i) Texas
Roadhouse’s lease (including any renewals of that lease) expires or (ii) Texas
Roadhouse or its successors or assigns ceases to operate a business there; and
WHEREAS, the Board of Public Works has determined that the area in question has no
current public works purpose; and
WHEREAS, in consideration for this temporary suspension, Texas Roadhouse has
agreed to pay the City $33,862.58 (a valuation derived from the net present value of
thirty years of license fees for the area in question), which adequately compensates the
City for entering into the agreement; and
WHEREAS, the City Attorney’s office and Texas Roadhouse have negotiated an
agreement establishing the terms and conditions applicable to this temporary
suspension; now, therefore be it
RESOLVED, That the Mayor is authorized to sign an agreement temporarily
suspending the City’s right to demand conveyance of the land in question in a form
substantially similar to the agreement reviewed by Common Council, and take such
other actions as may be required to give effect to the agreement upon the advice of the
City Attorney.
M E M O R A N D U M
To: City Administration Committee
From: Jared Pittman, Assistant City Attorney
Date: August 7, 2015
Subject: Temporary Suspension of Rights at 719-725 South Meadow Street
_________________________________________________________________
Texas Roadhouse Holdings LLC is scheduled to begin construction of a restaurant located in the
commercial complex at 719-725 South Meadow Street this fall; its initial leasehold is for up to
thirty years. A 1951 deed refers to the right of the City to demand that a 16-foot-wide strip of
land on the south end of the property be conveyed to the City “for street purposes,” but this has
never been done, and there are no plans to demand that this land be conveyed to the City for
street purposes. The proposed restaurant will be built in part on this area, and Texas Roadhouse
has requested that the City temporarily suspend its right to demand conveyance of that portion of
the property around the restaurant until (i) Texas Roadhouse’s lease (including any renewals of
that lease) expires or (ii) Texas Roadhouse or its successors or assigns ceases to operate a
business there. With the support of the Superintendent of Public Works and the Director of
Engineering, the Board of Public Works passed a resolution finding that the area in question has
no current public works purpose.
In exchange for the City temporarily relinquishing its rights to the area in question, Texas
Roadhouse has agreed to pay the City $33,862.58, a valuation derived from the net present value
of thirty years of license fees for the area depicted on the attached map. City staff is confident
that this payment adequately compensates the City for entering into the agreement.
A draft agreement and map demonstrating the area of land in question is attached to the proposed
resolution.
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
Krin Flaherty, Assistant City Attorney
Jared Pittman, Assistant City Attorney
Jody Andrew, Executive Assistant
RECORDING REQUESTED AND
AFTER RECORDING RETURN TO:
Texas Roadhouse Holdings LLC
6040 Dutchmans Lane
Louisville, Kentucky 40205
Attention: Legal Department
AGREEMENT REGARDING
TEMPORARY SUSPENSION OF RIGHTS
THIS AGREEMENT REGARDING TEMPORARY SUSPENSION OF RIGHTS (this
“Agreement”) is executed this _____ day of _________________, 2015, by and among BUFFALO-
ITHACA ASSOCIATES, LLC, a New York limited liability company (“Landlord”), TEXAS
ROADHOUSE HOLDINGS LLC, a Kentucky limited liability company (“Tenant”), and CITY OF
ITHACA, a New York municipality (“City”).
RECITALS
WHEREAS, Landlord is the current fee simple owner of certain property located in Ithaca, New
York and as more particularly described on Exhibit “A” attached hereto and made a part hereof (the
“Property”) pursuant to that certain Deed recorded on April 23, 1999 in Liber 844, Page 299 of the
Tompkins County, New York official records;
WHEREAS, Landlord, as landlord, and Tenant, as tenant, entered into that certain Ground Lease
dated August 8, 2014, as amended by that certain First Amendment to Ground Lease dated November 12,
2014, as further amended by that certain Second Amendment to Ground Lease dated June 15, 2015, as
further amended by that certain Third Amendment to Ground Lease dated June 29, 2015, and as further
amended by that certain Fourth Amendment to Ground Lease dated _____________, 2015 (as the same
may have been further amended, modified and/or supplemented, the “Lease”) for the lease of a portion of
the Property as more particularly identified on the site plan attached hereto as Exhibit “B” and made a
part hereof (the “Premises”);
WHEREAS, a Memorandum of Lease evidencing the Lease has been or will be recorded in the
official records of Tompkins County, New York;
WHEREAS, pursuant to that certain Deed dated June 12, 1951 from William R. Lanphear to
Plaza Motel of Ithaca, Inc. recorded in Liber 342, Page 55, the Property is subject to a requirement that
the then existing fee simple owner of the Property shall, upon request by City, convey and deed a sixteen
(16) foot strip of land located on the southerly portion of the Property to City for street purposes as more
particularly shown on attached Exhibit “B”. For the purposes of this Agreement, the sixteen (16) foot
1
strip of land located on the Premises shall be known as the “Waiver Area”;
WHEREAS, as a part of Tenant’s initial construction on the Premises, Tenant intends to
construct a new building containing approximately 7,163 square feet as more particularly shown on
attached Exhibit “B” (the “Building”);
WHEREAS, as currently designed, the southern portion of Tenant’s Building will encroach upon
a portion of the Waiver Area;
WHEREAS, Tenant requests that City temporarily suspend City’s right to require Landlord to
convey the Waiver Area to City for the purposes of constructing a street until the later of (i) the expiration
or earlier termination of the Lease (as the same may be extended) or (ii) the date Tenant or any of its
successors or assigns cease to operate its business on the Premises (such later date hereinafter referred to
as the “Suspension Expiration Date”). The period commencing on the date of this Agreement and
expiring on the Suspension Expiration Date shall be known as the “Suspension Period”;
WHEREAS, City is willing to suspend its right to require Landlord to convey the Suspension
Area to City for the purposes of constructing a street for the Suspension Period, subject to City’s receipt
and Tenant’s payment of a previously agreed upon amount; and
WHEREAS, Landlord joins this Agreement as an intended third party beneficiary and for the
purpose of consenting to the terms and conditions of this Agreement.
NOW THEREFORE, in consideration of the mutual covenants made herein and for other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree
as follows:
1. Recitals. The recitals set forth above are true and accurate and are hereby incorporated
herein by reference.
2. Suspension. In consideration of the payment of certain agreed upon funds by Tenant to
City (which amount is hereby acknowledged to have been received by City), City hereby unconditionally
suspends its right to require Landlord and/or any subsequent owner of the Suspension Area to convey the
Suspension Area to City for the purpose of constructing a street during the Suspension Period. Landlord
hereby joins this Agreement as an intended third party and for the purpose of acknowledging and
consenting to the terms and conditions of this Agreement.
3. Notice. Any and all notices required under this Agreement shall be deemed to be
properly served if delivered in writing personally, or sent by certified mail with return receipt requested,
or by nationally recognized overnight delivery service, pre-paid, for overnight delivery with receipt
requested, to Landlord at the address set forth below or to Tenant at the address set forth below or to City
at the address set forth below or to any subsequent address which any of the parties may designate in
writing for such purpose. Any notice required under this Agreement shall be deemed to have been
delivered and received on the date of actual receipt, or if receipt is refused, then (i) one (1) business day
following deposit with such nationally recognized overnight courier, (ii) five (5) business days after
deposit in the U.S. mails by certified mail, return receipt requested, and/or (iii) on the date of delivery or
refusal if by hand delivery.
If to Landlord: Buffalo-Ithaca Associates, LLC
c/o DDR Corp.
3300 Enterprise Parkway
2
Beachwood, Ohio 44122
Attention: General Counsel
If to Tenant: Texas Roadhouse Holdings LLC
6040 Dutchmans Lane
Louisville, Kentucky 40205
Attention: Legal Department
If to City: City of Ithaca
108 East Green Street
Ithaca, New York 14850
Attention: City Attorney
4. Miscellaneous.
(a) This Agreement contains the entire agreement of the parties with respect to the subject
matter hereof and can be altered, amended or modified only by written instrument executed by such parties.
(b) The terms and conditions of this Agreement shall inure to the benefit of and be binding
upon the respective heirs, representatives, successors and assigns of the parties benefited and burdened
hereby and shall remain in effect as hereinabove set forth.
(c) In the event of litigation between the parties to enforce this Agreement, the prevailing party
in any such action shall be entitled to recover reasonable costs and expenses of suit, including, without
limitation, court costs, attorneys’ fees, and discovery costs.
(d) This Agreement shall be construed, interpreted, and enforced pursuant to the applicable laws
of the State of New York. Each party hereby waives its rights to a jury trial of any such suit, action or
proceeding.
(e) This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but all of which shall constitute one and the same instrument. This Agreement shall be binding
on the parties when executed and delivered by the parties to one another by facsimile and/or other
electronic transmission.
(f) Each provision of this Agreement is hereby declared to be independent of and severable
from the remainder of this Agreement. If any provision contained herein shall be held to be invalid or to be
unenforceable or not to run with the land, such holding shall not affect the validity or enforceability of the
remainder of this Agreement.
—Signatures Appear on Following Pages—
3
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the
date first written above.
LANDLORD:
BUFFALO-ITHACA ASSOCIATES, LLC,
a New York limited liability company
By: DDR GLH LLC,
its Managing Member
By: JDN QRS LLC,
its Managing Member
By:
Name: Kenneth L. Stern
Title: Senior Vice President
STATE OF OHIO §
§
COUNTY OF CUYAHOGA §
Before me, the undersigned authority, on this day personally appeared Kenneth L. Stern, the
Senior Vice President of JDN QRS LLC, which is the Managing Member of DDR GLH LLC, which is
the Managing Member of BUFFALO-ITHACA ASSOCIATES, LLC, a New York limited liability
company, known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and consideration therein expressed, in
the capacity therein stated and as the act and deed of said limited liability company.
Given under my hand and seal of office on this ______ day of ______________________, 2015.
Notary Public, State of Ohio
Printed Name
My Commission Expires:
—Signatures Continue on Following Pages—
4
—Signatures Continued From Previous Page—
TENANT:
TEXAS ROADHOUSE HOLDINGS LLC,
a Kentucky limited liability company
By: Texas Roadhouse, Inc.,
a Delaware corporation
its Manager
By:
Name: Russell Arbuckle
Title: Director of Real Estate
COMMONWEALTH OF KENTUCKY §
§
COUNTY OF JEFFERSON §
Before me, the undersigned authority, on this day personally appeared Russell Arbuckle, the
Director of Real Estate of Texas Roadhouse, Inc., a Delaware corporation, Manager of TEXAS
ROADHOUSE HOLDINGS LLC, a Kentucky limited liability company, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the
same for the purposes and consideration therein expressed, in the capacity therein stated and as the act
and deed of said limited liability company.
Given under my hand and seal of office on this ______ day of _______________, 2015.
Notary Public, Commonwealth of Kentucky
Printed Name
My Commission Expires:
—Signatures Continue on Following Pages—
5
CITY:
CITY OF ITHACA,
a New York municipality
By:
Name:
Title:
STATE OF NEW YORK §
§
COUNTY OF TOMPKINS §
Before me, the undersigned authority, on this day personally appeared ________________, the
_______________________________ of CITY OF ITHACA, a New York municipality, known to me
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, in the capacity therein stated and
as the act and deed of said municipality.
Given under my hand and seal of office on this ______ day of ______________________, 2015.
Notary Public, State of New York
Printed Name
My Commission Expires:
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Exhibit “A”
Legal Description of the Property
ALL THAT TRACT OR PARCEL OF LAND, SITUATE AND LYING IN THE CITY OF ITHACA,
COUNTY OF TOMPKINS, STATE OF NEW YORK, MORE PARTICULARLY BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIPE FOUND IN THE EASTERLY LINE OF SOUTH MEADOW
STREET, SAID PIPE BEING LOCATED 328.50 FEET SOUTH OF THE INTERSECTION OF THE
EAST LINE OF SOUTH MEADOW STREET WITH THE SOUTH LINE OF WOOD STREET; SAID
IRON PIPE ALSO MARKS THE SOUTHWESTERLY CORNER OF LANDS REPUTEDLY OF THE
ITHACA BOARD OF EDUCATION AND IS KNOWN AS THE “WOOD STREET PARK”;
RUNNING THENCE NORTH 89° 41’ 00” EAST ALONG THE SOUTHERLY LINE OF THE
ITHACA BOARD OF EDUCATION FOR A DISTANCE OF 460.40 FEET TO AN IRON PIN FOUND
IN CONCRETE, SAID IRON PIN BEING LOCATED IN THE WESTERLY LINE OF LANDS OF
THE ITHACA HOUSING AUTHORITY;
THENCE SOUTH ALONG THE WESTERLY LINE OF LANDS OF THE ITHACA HOUSING
AUTHORITY FOR A DISTANCE OF 373.50 FEET TO AN IRON PIN FOUND, SAID IRON PIN
BEING LOCATED IN THE NORTHERLY LINE OF LANDS NOW OR FORMERLY OF CLYNES;
THENCE SOUTH 89° 24’ 00” WEST ALONG THE NORTHERLY LINE OF LANDS NOW OR
FORMERLY OF CLYNES FOR A DISTANCE OF 460.40 FEET TO AN IRON PIN FOUND IN THE
EAST LINE OF SOUTH MEADOW STREET;
THENCE NORTH ALONG THE EASTERLY LINE OF SOUTH MEADOW STREET FOR A
DISTANCE OF 375.80 FEET TO THE POINT AND PLACE OF BEGINNING.
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Exhibit “B”
Site Plan
8
OVERALL
SITE PLAN
C3.1
NOT ISSUED FOR CONSTRUCTION
153 Cordaville Road, Suite 210
Southborough, MA 01772
t: 508 229 0032
TEXAS
ROADHOUSE
ITHACA
NEW YORK
719-725 SOUTH
MEADOW STREET
TAX MAP 104-1-1
8.5 Planning, Building, Zoning, and Economic Development Department –
Request to Amend the 2015 Department Budget - Roster
WHEREAS, the City, on behalf of the 1st Street Mosaic Project, was awarded a grant
through the Community Arts Partnership’s Grants for Arts Program to fund the second
phase of the mosaic installation at the Water & Sewer Division on First Street; and
WHEREAS, the grant funds will be used for community events and supplies; now,
therefore, be it
RESOLVED, That Common Council hereby accepts the Grants for Arts Program from
the Community Arts Partnership in the amount of $1,200.00 and amends the 2015
Planning, Building, Zoning, & Economic Development Department’s authorized budget
as follows:
Increase Revenue Account:
A8020-3989 Planning State Aid $1,200.00
Home & Community
Increase Appropriations Account:
A8020-5435 Planning Contracts $1,200.00
TO: City Administration
FROM: Megan Wilson, Senior Planner
DATE: August 6, 2015
RE: 1st Street Mosaic Project Grant Award
The City, on behalf of the 1st Street Mosaic Project, applied for grant funding through the
Community Arts Partnership’s Grants for Arts Program and was awarded $1,200 to support the
second phase of the mosaic installation. The 1st Street Mosaic Project is led by a group of
dedicated volunteers who have engaged the local community in the multi-phase mosaic tile mural
installation at the Water & Sewer Division on First Street. The project relies primarily on
donations and volunteers, and the first two phases of the installation have been completed
through public workshops and community build-style events. The grant funding will be used to
purchase additional supplies and support community involvement in the project.
Acceptance of this grant does not require a match or other financial commitment from the City.
Due to the requirements of the grant program, the City is acting as an intermediary, and the
funding will ultimately be dispersed to the 1st Street Mosaic Project.
If you have any questions, please contact me at (607) 274-6560 or mwilson@cityofithaca.org.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Adoption of Plan Ithaca as Phase I of the City of Ithaca Comprehensive
Plan
A. Declaration of Lead Agency Status– 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 comprehensive plan is a “Type I” Action
under the City of Ithaca Environmental Quality Review Ordinance, and the State
Environmental Quality Review Act and is subject to environmental review; now,
therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the adoption of Plan Ithaca as Phase I of
the City of Ithaca Comprehensive Plan.
B. Determination of Environmental Significance – Resolution
WHEREAS, the City of Ithaca is considering the adoption of Plan Ithaca as Phase I of
the City’s Comprehensive Plan; and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Full Environmental Assessment Form (FEAF), dated July 16, 2015; and
WHEREAS, the City of Ithaca Conservation Advisory Council and Tompkins County
Planning Department have been given the opportunity to comment on the proposed
plan, and all comments received to date have been considered; and
WHEREAS, the proposed action is a “Type I” Action under the City Environmental
Quality Review Ordinance and the State Environmental Quality Review Act; and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the FEAF prepared by planning staff; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth in the Full Environmental
Assessment Form, dated July 16, 2015; and, be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary; and, be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
C. Adoption of Plan – Resolution
PROPOSED REVISIONS IN RED
WHEREAS, the Comprehensive Plan outlines a vision for the city’s future and serves as
a guide for future decision-making, policies, and funding; and
WHEREAS, the City of Ithaca’s existing Comprehensive Plan was completed in 1971
and has since been amended fourteen times by various targeted neighborhood and
strategic plans; and
WHEREAS, while some objectives of the 1971 plan and its amendments are still
applicable, many are not, and both local conditions and broader national and world-wide
trends that affect Ithaca have changed dramatically since then, resulting in a need for
an updated comprehensive plan that addresses present-day issues and anticipates
future ones; and
WHEREAS, the City decided to pursue a two-phased approach to its new
Comprehensive Plan, where Phase I entails the preparation of an “umbrella” plan that
sets forth broad goals and principles to guide future policies throughout the city and
where Phase II will include the preparation of specific neighborhood and thematic plans;
and
WHEREAS, in accordance with the City of Ithaca Municipal Code and New York State
General City Law, the Planning and Development Board is responsible for preparing
and recommending a new Comprehensive Plan to the Common Council for adoption;
and
WHEREAS, the Planning and Development Board established the Comprehensive Plan
Committee (“the Committee”) by resolution in July 2008 and charged the Committee
with the following responsibilities regarding the preparation of a proposed, new
comprehensive plan:
a) Preparing and approving a request for qualifications (“RFQ”) for a
consultant team to assist with Phase I of the development of the
proposed, new City of Ithaca comprehensive plan;
b) Reviewing the responses to the RFQ, conducting interviews of consultant
teams, and making a recommendation of a consultant team to the
Planning and Development Board, Mayor, and Common Council for their
respective approvals;
c) Overseeing the preparation of a draft of Phase I of the proposed, new
comprehensive plan, by coordinating the work of staff and the selected
consultant team, ensuring the level of public outreach and engagement
necessary to reflect community goals, and making progress reports to the
Planning and Development Board and Common Council (periodically and
as requested); and
d) Approving a draft of Phase I of the proposed, new comprehensive plan for
review and acceptance (with possible modification) by the Planning and
Development Board, recommendation by the Planning and Development
Board to Common Council, review and approval (with possible
modification) by Common Council’s Planning and Economic Development
Committee, and adoption by Common Council; and
WHEREAS, public input has been a priority for the Committee throughout the planning
process, and the Committee made efforts to gather community input at various stages
of the plan’s development; and
WHEREAS, the Committee worked with a consultant on the initial phase of public
outreach and on the preparation of two background reports that would inform the
preparation of the new plan, but following the completion of these tasks, the City
decided to move forward without the consultant team; the remaining work on the draft
plan was completed by the Committee and staff; and
WHEREAS, using comments from the initial public outreach, as well as data on existing
conditions and trends, subcommittees of the Committee (known as “chapter groups”)
and staff created an overall vision for the City and goals for the sections of each
chapter; and
WHEREAS, a series of focus group meetings were held to get comments on the goals
for each section of the plan, as well as ideas for implementation, and the chapter groups
and staff used this feedback to draft each of the plan’s chapters; and
WHEREAS, at the same time, the full Committee prepared the plan’s land use chapter
and held public workshops in April 2014; and
WHEREAS, the complete draft Phase I plan, Plan Ithaca, was made available for public
review in April 2015, and the Committee held eight open houses to get public comments
on the draft plan; and
WHEREAS, the Committee revised the draft plan to incorporate new public input, and at
its meeting on June 15, 2015, the Comprehensive Plan Committee voted to recommend
the draft Plan Ithaca for review and consideration by the Planning and Development
Board as Phase I of the Comprehensive Plan; and
WHEREAS, the Planning and Development Board held public comment on the draft
Plan Ithaca at its meeting on June 23, 2015 and reviewed the draft at a special meeting
on June 30, 2015, where it recommended it for adoption by the Common Council as
Phase I of the Comprehensive Plan; and
WHEREAS, following the July 2015 Planning & Economic Development Committee
meeting, the draft Plan Ithaca was circulated for additional comment, and a new draft,
dated August 6, 2015, was prepared that incorporates many of the submitted
comments; and
WHEREAS, the draft Plan Ithaca was submitted for review by the Tompkins County
Planning Department pursuant to §239-l-m of the New York State General Municipal
Law, which requires that all actions within 500 feet of a county or state facility, including
county and state highways, be reviewed by the County Planning Department, and has
also been distributed for review by the City of Ithaca Conservation Advisory Council;
and
WHEREAS, a public hearing for the adoption of the plan was held on August 12, 2015;
and
WHEREAS, the Common Council has considered the draft Plan Ithaca as
recommended by the Comprehensive Plan Committee and the Planning and
Development Board; now, therefore, be it
RESOLVED, That the Common Council hereby adopts Plan Ithaca, dated August 6,
2015, as Phase I of the Comprehensive Plan; and, be it further
RESOLVED, That this Comprehensive Plan shall serve as a guide for future decisions
made by Common Council, City boards and committees, and City staff; and, be it further
RESOLVED, That there shall be established regular reviews and updates of the
Comprehensive Plan every five years.
TO: Common Council
FROM: Megan Wilson, Senior Planner
DATE: August 20, 2015
RE: Adoption of Plan Ithaca as Phase I of the Comprehensive Plan – Revised Resolution
At its August meeting, the Comprehensive Plan Committee discussed implementation and
monitoring of the plan following adoption. Specifically, the Committee discussed the importance of
(1) ensuring that the plan serves as a guide for future decision-making and (2) regularly reviewing
and updating the Comprehensive Plan. To address these ideas, staff is recommending the addition
of two “Resolved” clauses to the resolution approved by the Planning & Economic Development
Committee. The original resolution with the proposed changes (shown in red text) has been
included for your review.
If you have any questions prior to the meeting, please contact me at mwilson@cityofithaca.org or
274-6560.
CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
CITY OF ITHACA
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
Purpose: This Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in an orderly
manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to
answer. Frequently, there are aspects of a proposed action that are subjective or immeasurable. It is also understood those who
determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns
affecting the question of significance.
The FEAF is intended to provide a method whereby applicants and agencies can be assured the determination process has been
orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.
FEAF Components:
Part 1: Provides objective data and information about a given action and its site. By identifying basic project data, it assists
in a review of the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as
to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form
also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is
actually important.
THIS AREA IS FOR LEAD AGENCY USE ONLY
DETERMINATION OF SIGNIFICANCE—TYPE I AND UNLISTED ACTIONS
Identify the portions of FEAF completed for this action: _X_Part 1 _X_Part 2 _X_Part 3
Upon review of the information recorded on this FEAF (Parts, 2, and 3, if appropriate), and any other supporting information, and
considering both the magnitude and importance of each impact, it is reasonably determined by the Lead Agency that:
__A. The Proposed Action will not result in any large and important impact(s) and will not have a significant impact on the
environment; therefore, A NEGATIVE DECLARATION WILL BE PREPARED.
__B. Although the proposed action could have a significant impact on the environment, there will not be a significant effect
for this Unlisted Action, because the mitigation measures described in PART 3 have been required; therefore, A
CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. *
__C. The proposed action may result in one or more large and important impacts that may have a significant impact on the
environment; therefore, A POSITIVE DECLARATION WILL BE PREPARED.
* A Conditioned Negative Declaration is only valid for Unlisted Actions.
Name of Action: Adoption of Plan Ithaca as Phase I of the City of Ithaca Comprehensive Plan
Name of Lead Agency: Common Council
Name and Title of Responsible Officer in Lead Agency: Mayor Svante L. Myrick
Signature of Responsible Officer in Lead Agency:
Signature of Preparer:
Date: July 16, 2015
2
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
PART 1—PROJECT INFORMATION
(prepared by project sponsor/applicant)
NOTICE: This document is designed to assist in determining whether the action proposed may have a
significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these
questions will be considered part of the application for approval and may be subject to further verification and
public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is
expected that completion of the FEAF will depend on information currently available and will not involve
new studies, research, or investigation. If information requiring such additional work is unavailable, so
indicate and specify each instance.
Name of Action: Adoption of Plan Ithaca as Phase I of the City of Ithaca Comprehensive Plan
Location of Action: City of Ithaca
Name of Applicant/Sponsor: City of Ithaca
Address: 108 East Green Street
City/Town/Village: Ithaca State: NY ZIP: 14850
Business Phone:
Name of Owner (if different):
Address:
City/Town/Village: State: ZIP:
Business Phone:
Description of Action:
See attached.
3
DESCRIPTION OF ACTION:
The proposed action is the adoption of the draft Plan Ithaca as Phase I of the City’s new comprehensive plan.
Once adopted, the comprehensive plan becomes a fundamental part of the City’s decision-making processes,
serving as both a guide for a broad range of City actions and a standard by which they can be measured.
The City has undertaken a two-phase process for the new comprehensive plan. Phase I involved the
preparation of Plan Ithaca, a city-wide plan that outlines a vision and broad goals for the entire city as well as
recommendations for implementation. Phase II will include the subsequent preparation of specific
neighborhood and thematic plans. All Phase II plans will build upon Plan Ithaca and will reflect the goals of
the broader document.
Plan Ithaca is organized around eight chapters, as follows:
1) Introduction
a. History
b. Vision
2) Public Participation & Communication
3) Land Use
4) Economic Vitality
a. Fiscal Health
b. Economic Development
c. Workforce Development & Job Training
5) Community Livability
a. Housing
b. Historic Preservation
c. Public Safety
d. Physical Infrastructure
e. Health, Wellness, & Support
6) Mobility & Transportation
a. Increasing Transportation Choice Both Locally & Regionally
b. Connecting Land Use & Transportation
c. Efficiency and Innovation in Technology, Operations, & Management
d. Communication & Education to Support Transportation Choices
7) Natural & Cultural Resources
a. Natural Resources
b. Cultural Resources
8) Sustainable Energy, Water, & Food Systems
a. Energy
b. Water Resources & Stormwater Management
c. Food Systems
Three thread-through themes serve as overarching concepts that guide the entire plan. Each chapter
reflects the principles of sustainability, equity, and collaboration, as described below.
• SUSTAINABILITY: Living in a way that allows present generations to meet their needs without
compromising the ability of future generations to meet their own needs. A sustainable community
4
must safeguard the health and well-being of its economic, social, and environmental systems —
including food security, clean air and water, healthy ecosystems, and effective governance.
• EQUITY: The services, amenities, and opportunities that are available through City efforts are
accessible to all residents through means that preserve dignity and that are free of discrimination.
These may include participation in decision-making, as well as access to information, housing,
transportation, economic opportunity, jobs and job training, recreation, and a safe and healthy
environment.
• COLLABORATION: The City works in partnership with other municipalities, educational institutions,
and community organizations to realize the goals of Plan Ithaca.
5
Please complete each question (indicate N/A, if not applicable).
A. SITE DESCRIPTION
Physical setting of overall project, both developed and undeveloped areas.
1. Present Land Use: X Urban X Industrial X Commercial X Public Forest
Agricultural Other:
2. Total area of project area: ~3890 acres ____ square feet (Chosen units apply to following section also.)
Approximate Area (Units in Question 2 apply to this section.) Currently After Completion
2a. Meadow or Brushland (non-agricultural)
2b. Forested
2c. Agricultural
2d. Wetland [as per Article 24 of Environmental Conservation Law (ECL)]
2e. Water Surface Area ~435 ~435
2f. Public ~630 ~630
2h. Unvegetated (rock, earth, or fill)
2i. Roads, buildings, and other paved surfaces ~1300 ~1300
2j. Other (indicate type) Varies but primarily privately-owned green space ~1525 ~1525
3a. What is predominant soil type(s) on project site (e.g., HdB, silty loam, etc.):
Arkport Fine Sandy Loam; Bath Valois and Lansing soils; Howard Gravely Loam; Hudson and Collamer Silt Loam;
Hudson Silty Clay Loam; Hudson-Cayuga Silt Loam; Lordstown Soils; Rhinebeck Silt Loam; Unknown (urban fill)
3b. Soil Drainage: Well-Drained ______% of Site
Varies Moderately Well-Drained ______% of Site
Poorly Drained ______% of Site
4a. Are there bedrock outcroppings on project site? X Yes No N/A
4b. What is depth of bedrock? 0’-depths unknown (feet)
4c. What is depth to the water table? 0’-depths unknown (feet)
5. Approximate percentage of proposed project site
with slopes:
X 0-10% ~67% X 10-15% ~14%
X 15% or greater ~18%
6a. Is project substantially contiguous to, or does it
contain a building, site or district, listed on or
eligible for the National or State Register of
Historic Places?
X Yes No N/A
Area includes 4 National Register Districts (3 of
which are locally designated)
6b. …Or a designated local landmark or located in a
local landmark district?
X Yes No N/A
Area includes 8 local historic districts and 24
designated local landmarks
7. Do hunting and/or fishing opportunities currently
exist in the project area? X Yes No N/A If yes, identify each species:
6
SITE DESCRIPTION (concluded)
8. Does project site contain any species of plant
and/or animal life identified as threatened or
endangered?
Locally rare species do exist.
Yes X No N/A
According to: Unique Natural Area Inventory of
Tompkins County
Identify each species: _______________________
9. Are there any unique or unusual landforms on the
project site (i.e., cliffs, other geological
formations)?
X Yes No N/A
Describe: gorges, rock outcroppings, waterfalls
10. Is project site currently used by the community or
neighborhood as an open space or recreation
area?
X Yes No N/A
If yes, explain: The area includes multiple parks,
trails, and natural areas
11. Does present site offer or include scenic views
known to be important to the community? X Yes No N/A
Describe: Multiple scenic views
12. Is project within or contiguous to a site
designated a Unique Natural Area (UNA) or
critical environmental area by a local or state
agency?
X Yes No N/A
Describe: The following UNAs are within the city:
98, 99, 100, 134, 135, 136, 137, 153, & 156
13. Streams within or contiguous to project area: a. Names of stream(s) or name(s) of river(s) to which
it is a tributary: Cascadilla Creek, Fall Creek, Six
Mile Creek, Cayuga Inlet, Flood Control
Channel
14. Lakes, ponds, or wetland areas within or
contiguous to project area:
a. Name(s): Cayuga Lake, Beebe Lake
b. Size(s) (in acres): ___________
15. Has site been used for land disposal of solid
and/or hazardous wastes? X Yes No N/A
Describe: The project area includes a former city
dump and the current Tompkins County transfer
station.
16. Is the site served by existing public utilities?
a. If Yes, does sufficient capacity exist to allow
connection?
b. If Yes, will improvements be necessary to
allow connection?
X Yes No N/A
X Yes No N/A
Yes No N/A Unknown.
The City has sufficient water and sewer capacity
to accommodate the increased development
recommended in the comprehensive plan. Any
proposals for development will be subject to a
separate environmental review that will be no less
protective of the environment.
7
B. PROJECT DESCRIPTION
1. Physical dimensions and scale of project (fill in dimensions as appropriate): N/A
1a. Total contiguous area owned by project sponsor in acres: _______ or square feet: _______
1b. Project acreage developed: Acres initially: Acres ultimately:________
1c. Project acreage to remain undeveloped: ____________________
1d. Length of project in miles (if appropriate): ___________ or feet: ____________
1e. If project is an expansion, indicate percent of change proposed: _________%
1f. Number of off-street parking spaces existing: proposed:_____________
1g. Maximum vehicular trips generated (upon completion of project) per day: _______ and per hour: ______
1h. Height of tallest proposed structure in feet. _______
1j. Linear feet of frontage along a public street or thoroughfare that the project will occupy? ________
2. Specify what type of natural material (i.e., rock, earth, etc.) and how much will be removed from the site:
________________ N/A _______________ or added to the site: ________________________________
3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site:
acres: N/A type of vegetation:_____________________________________________________
4. Will any mature trees or other locally important vegetation be removed for this project? N/A
5. Are there any plans for re-vegetation to replace vegetation removed during construction? N/A
6. If single-phase project, anticipated period of construction: N/A months (including demolition)
7. If multi-phased project, anticipated period of construction: N/A months (including demolition)
7a. Total number of phases anticipated: ______________
7b. Anticipated date of commencement for first phase: month year (including demolition)
7c. Approximate completion date of final phase: month year.
7d. Is phase one financially dependent on subsequent phases? Yes No N/A
8. Will blasting occur during construction? Yes No X N/A If yes, explain: __________________
______________________________________________________________________________________
9. Number of jobs generated during construction: N/A After project is completed: N/A
10. Number of jobs eliminated by this project: N/A Explain: ________________________________
11. Will project require relocation of any projects or facilities? Yes No X N/A If yes, explain:
12a. Is surface or subsurface liquid waste disposal involved? Yes No X N/A; if yes, explain
12b. If #12a is yes, indicate type of waste (sewage, industrial, etc): ______________
12c. If surface disposal, where specifically will effluent be discharged? _____________________
13. Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased
by proposal? Yes No X N/A If yes, explain: __________________________
14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100-year flood
plain? Yes No X N/A
8
PROJECT DESCRIPTION (concluded)
14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet
Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, or Silver Creek? (Circle all that apply.)
14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as
described in Article 24 of the ECL? Yes No X N/A;
14d. If #14a., b., or c. is yes, explain: _______________________
15a. Does project involve disposal of solid waste? Yes No X N/A
15b. If #15a. is yes, will an existing solid waste disposal facility be used? Yes No N/A
15c. If #15b. is yes, give name of disposal facility: and its location: __________
15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill?
Yes No X N/A If yes, explain: ___________________________________
15e. Will any solid waste be disposed of on site? Yes No X N/A If yes, explain:
16. Will project use herbicides or pesticides? Yes No X N/A If yes, specify:
17. Will project affect a building or site listed on or eligible for the National or State Register of Historic
Places or a local landmark or in a landmark district? Yes No X N/A; if yes, explain:
18. Will project produce odors? Yes No X N/A If yes, explain:
19. Will project product operating noise exceed the local ambient noise level during construction?
Yes No X N/A After construction? Yes No X N/A
20. Will project result in an increase of energy use? Yes No X N/A If yes, indicate type(s):
21. Total anticipated water usage per day in gals./day: N/A Source of water: N/A
9
C. ZONING AND PLANNING INFORMATION
1. Does the proposed action involve a planning or zoning decision? X Yes No N/A If yes,
indicate the decision required: _________________________
Zoning Amendment Zoning Variance X New/Revision of Master Plan Subdivision
Site Plan Special Use Permit Resource Management Plan Other: ______
2. What is the current zoning classification of site? The area includes all city zoning districts.
3. If the site is developed as permitted by the present zoning, what is the maximum potential development?
Not applicable. The proposed action is the adoption of a local land use plan.
4. Is proposed use consistent with present zoning? Yes No X N/A
5. If #4 is no, indicate desired zoning: _________________________
6. If the site is developed by the proposed zoning, what is the maximum potential development of the site?
No new zoning is proposed.
7. Is the proposed action consistent with the recommended uses in adopted local land-use plans?
Yes No X N/A If no, explain: The proposed action is the adoption of a local land use plan.
8. What is the dominant land use and zoning classification within a ¼ mile radius of the project?
(e.g., R-1a or R-1b) The area includes all city zoning districts.
9. Is the proposed action compatible with adjacent land uses? X Yes No N/A Explain: The
proposed plan is also compatible with the future land uses proposed in the Town of Ithaca’s
Comprehensive Plan.
10a. If the proposed action is the subdivision of land, how many lots are proposed? N/A
10b. What is the minimum lot size proposed? N/A
11. Will the proposed action create a demand for any community-provided services? (e.g., recreation,
education, police, fire protection, etc.)? X Yes No N/A Explain: Implementation of the
plan may create a demand for additional services. Any implementation initiative, including future
development projects, will be subject to its own environmental review that will be no less
protective of the environment. See Part III.
If yes, is existing capacity sufficient to handle projected demand? Yes No X N/A
Explain: _____________________________
12. Will the proposed action result in the generation of traffic significantly above present levels?
Yes X No N/A
If yes, is existing road network adequate to handle additional traffic?
Yes No N/A Explain: __________________________________________
10
D. APPROVALS
1. Approvals: ______________________________________
2a. Is any Federal permit required? Yes X No N/A Specify: _________________
2b. Does project involve State or Federal funding or financing? Yes X No N/A If Yes, Specify:
______________________________________
2c. Local and Regional approvals:
Agency
Yes or No
Type of
Approval Required
Submittal
Date
Approval
Date
Common Council Yes Adoption
Board of Zoning Appeals (BZA) No
Planning & Development Board Yes Recommendation 6/18/15 6/30/15
Ithaca Landmarks Preservation
Commission (ILPC)
No
Board of Public Works (BPW) No
Fire Department No
Police Department No
Building Commissioner No
Ithaca Urban Renewal Agency
(IURA)
No
11
E. INFORMATIONAL DETAILS
Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts
associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid
them.
F. VERIFICATION
I certify that the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name: City of Ithaca
Signature:
Title: Senior Planner
***************** END OF PART 1 *****************
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 — Project Impacts
Project Name: Adoption of Plan Ithaca as Phase I of the City’s Comprehensive Plan
Date: 7/16/15
1 of 11
7/16/2015
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON LAND
1. Will there be an effect as a result of a physical change to project site? Yes No
The action is the adoption of a plan and there will be no physical change as the result of the action.
Any construction on slopes of 15% or greater (15-foot rise per
100 feet of length) or where general slope in the project
exceeds 10%.
Yes No
Construction on land where depth to the water table is less
than 3 feet. Yes No
Construction of parking facility/area for 50 or more vehicles. Yes No
Construction on land where bedrock is exposed or generally
within 3 feet of existing ground surface. Yes No
Construction that will continue for more than 1 year or involve
more than one phase or stage. Yes No
Evacuation for mining purposes that would remove more than
1,000 tons of natural material (i.e., rock or soil) per year. Yes No
Construction of any new sanitary landfill. Yes No
Construction in designated floodway. Yes No
Other impacts (if any):
Yes No
2. Will there be an effect on any unique land forms found on the site (i.e., cliffs, gorges,
geological formations, etc.)? Yes No
The plan identifies Environmentally-Sensitive areas that include unique land forms and
recommends establishing additional protections for these areas.
Specific land forms (if any):
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 — Project Impacts
Project Name: Adoption of Plan Ithaca as Phase I of the City’s Comprehensive Plan
Date: 7/16/15
2 of 11
7/16/2015
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER
3. Will project affect any water body designated as protected (under article 15 or 24 of
Environmental Conservation Law, E.C.L.)? Yes No
Developable area of site contains protected water body. Yes No
Dredging more than 100 cubic yards of material from channel
of protected stream. Yes No
Extension of utility distribution facilities through protected
water body. Yes No
Construction in designated freshwater wetland. Yes No
Other impacts (if any):
Yes No
4. Will project affect any non-protected existing or new body of water? Yes No
The plan identifies Environmentally-Sensitive areas that include all lands within 60’-100’ of
all waterways and recommends establishing additional protections for these areas.
A 10% increase or decrease in surface area of any body of
water or more than 10,000 sq. ft. of surface area. Yes No
Construction, alteration, or conversion of body of water that
exceeds 10,000 sq. ft. of surface area. Yes No
Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek,
Cayuga Lake, or Cayuga Inlet? Yes No
Other impacts (if any):
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 — Project Impacts
Project Name: Adoption of Plan Ithaca as Phase I of the City’s Comprehensive Plan
Date: 7/16/15
3 of 11
7/16/2015
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER (cont.)
5. Will project affect surface or groundwater quality? Yes No
The plan’s recommendations include required sustainable building practices, use of
pervious paving materials, collaborative stormwater initiatives, and preservation of green
spaces to improve water quality.
Project will require discharge permit. Yes No
Project requires use of source of water that does not have
approval to serve proposed project. Yes No
Construction or operation causing any contamination of a
public water supply system. Yes No
Project will adversely affect groundwater. Yes No
Liquid effluent will be conveyed off the site to facilities which
do not currently exist or that have inadequate capacity. Yes No
Project requiring a facility that would use water in excess of
20,000 gallons per day or 500 gallons per minute. Yes No
Project will likely cause siltation or other discharge into an
existing body of water to the extent that there will be an
obvious visual contrast to natural conditions.
Yes No
Proposed action will require storage of petroleum or chemical
products greater than 1,100 gallons. Yes No
Other impacts (if any):
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 — Project Impacts
Project Name: Adoption of Plan Ithaca as Phase I of the City’s Comprehensive Plan
Date: 7/16/15
4 of 11
7/16/2015
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER (cont.)
6. Will project alter drainage flow, drainage patterns, or surface water runoff? Yes No
See #5 above.
Project would impede floodwater flows. Yes No
Project is likely to cause substantial erosion. Yes No
Project is incompatible with existing drainage patterns. Yes No
Other impacts (if any):
Yes No
IMPACT ON AIR
7. Will project affect air quality? Yes No
Project will induce 500 or more vehicle trips in any 8-hour
period per day. Yes No
Project will result in the incineration of more than 2.5 tons of
refuse per 24-hour day. Yes No
Project emission rate of all contaminants will exceed 5 lbs.
per hour or a heat source producing more than 10 million
BTUs per hour.
Yes No
Other impacts (if any):
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 — Project Impacts
Project Name: Adoption of Plan Ithaca as Phase I of the City’s Comprehensive Plan
Date: 7/16/15
5 of 11
7/16/2015
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACTS ON PLANTS AND ANIMALS
8. Will project affect any threatened or endangered species? Yes No
Reduction of any species, listed on New York or Federal list,
using the site, found over, on, or near site. Yes No
Removal of any portion of a critical or significant wildlife
habitat. Yes No
Application of pesticide or herbicide more than twice a year
other than for agricultural purposes. Yes No
Other impacts (if any):
Yes No
9. Will proposed action substantially affect non-threatened or non-endangered species?
Yes No
Proposed action would substantially interfere with any
resident or migratory fish, or wildlife species. Yes No
Proposed action requires removal or more than ½ acre of
mature woods or other locally important vegetation. Yes No
Other impacts (if any):
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 — Project Impacts
Project Name: Adoption of Plan Ithaca as Phase I of the City’s Comprehensive Plan
Date: 7/16/15
6 of 11
7/16/2015
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON AESTHETIC RESOURCES
10. Will proposed action affect views, vistas, or visual character of the neighborhood or
community? Yes No
Proposed land uses or proposed action components
obviously different from, or in sharp contrast to, current
surrounding land use patterns, whether man-made or natural.
Yes No
Proposed land uses or proposed action components visible to
users of aesthetic resources which will eliminate or
significantly reduce their enjoyment of aesthetic qualities of
that resource.
Yes No
Proposed action will result in elimination or major screening
of scenic views known to be important to the area. Yes No
Other impacts (if any): The proposed Future Land Use Map
recommends appropriate areas for increased
development while protecting and enhancing the
character of established residential neighborhoods. See
Part III.
Yes No
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
11. Will proposed action impact any site or structure of historic, prehistoric, or paleontological
importance? Yes No
The City’s designated historic districts were carefully considered during the preparation of
the land use chapter and Future Land Use Map. All of the proposed future land uses are
compatible with the existing character of the historic districts. Any proposals for new
construction or alteration remain subject to review by the Ithaca Landmarks Preservation
Commission and the Planning and Development Board (if required).
Proposed action occurring wholly or partially within, or
contiguous to, any facility or site listed on or eligible for the
National or State Register of Historic Places.
Yes No
Any impact to an archaeological site or fossil bed located
within the project site. Yes No
Proposed action occurring wholly or partially within, or
contiguous to, any site designated as a local landmark or in a
landmark district.
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 — Project Impacts
Project Name: Adoption of Plan Ithaca as Phase I of the City’s Comprehensive Plan
Date: 7/16/15
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7/16/2015
Other impacts (if any):
Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON OPEN SPACE AND RECREATION
12. Will the proposed action affect the quantity or quality of existing or future open spaces, or
recreational opportunities? Yes No
The plan recognizes the importance of existing parks, trails, natural areas, and recreational
facilities and commits to maintaining and enhancing these resources for future use by
residents and visitors.
The permanent foreclosure of a future recreational
opportunity. Yes No
A major reduction of an open space important to the
community. Yes No
Other impacts (if any): Yes No
IMPACT ON UNIQUE NATURAL AREAS OR CRITICAL ENVIRONMENTAL AREAS
13. Will proposed action impact the exceptional or unique characteristics of a site designated
as a unique natural area (UNA) or a critical environmental area (CEA) by a local or state
agency? Yes No
Proposed action to locate within a UNA or CEA? Yes No
Proposed action will result in reduction in the quality of the
resource. Yes No
Proposed action will impact use, function, or enjoyment of the
resource. Yes No
Other impacts (if any):
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 — Project Impacts
Project Name: Adoption of Plan Ithaca as Phase I of the City’s Comprehensive Plan
Date: 7/16/15
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7/16/2015
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON TRANSPORTATION
14. Will there be an effect to existing transportation systems? Yes No
Alteration of present patterns of movement of people and/or
goods. Yes No
Proposed action will result in major traffic problems. Yes No
Other impacts: The plan includes several
recommendations to improve multi-modal transportation
within the city. Implementation of these
recommendations will be subject to a separate
environmental review that will be no less protective of
the environment. See Part III.
Yes No
IMPACT ON ENERGY
15. Will proposed action affect community's sources of fuel or energy supply? Yes No
The plan includes several recommendations to improve energy conservation and increase
the use of alternative energy sources.
Proposed action causing greater than 5% increase in any
form of energy used in municipality. Yes No
Proposed action requiring creation or extension of an energy
transmission or supply system to serve more than 50 single-
or two-family residences.
Yes No
Other impacts (if any):
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 — Project Impacts
Project Name: Adoption of Plan Ithaca as Phase I of the City’s Comprehensive Plan
Date: 7/16/15
9 of 11
7/16/2015
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON NOISE AND ODORS
16. Will there be objectionable odors, noise, glare, vibration, or electrical disturbance during
construction of, or after completion of, this proposed action? Yes No
Blasting within 1,500 feet of a hospital, school, or other
sensitive facility? Yes No
Odors will occur routinely (more than one hour per day). Yes No
Proposed action will produce operating noise exceeding local
ambient noise levels for noise outside of structure. Yes No
Proposed action will remove natural barriers that would act as
noise screen. Yes No
Other impacts (if any):
Yes No
IMPACT ON PUBLIC HEALTH
17. Will proposed action affect public health and safety? Yes No
Proposed action will cause risk of explosion or release of
hazardous substances (i.e., oil, pesticides, chemicals,
radiation, etc.) in the event of accident or upset conditions, or
there will be chronic low-level discharge or emission.
Yes No
Proposed action may result in burial of “hazardous wastes” in
any form (i.e., toxic, poisonous, highly reactive, radioactive,
irritating, infectious, etc.)
Yes No
Proposed action may result in excavation or other
disturbance within 2,000 feet of a site used for the disposal of
solid or hazardous wastes.
Yes No
Proposed action will result in handling or disposal or
hazardous wastes (i.e., toxic, poisonous, highly reactive,
radioactive, irritating, infectious, etc., including wastes that
are solid, semi-solid, liquid, or contain gases).
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 — Project Impacts
Project Name: Adoption of Plan Ithaca as Phase I of the City’s Comprehensive Plan
Date: 7/16/15
10 of 11
7/16/2015
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON PUBLIC HEALTH (cont.)
Storage facilities for 50,000 or more gallons of any liquid fuel. Yes No
Use of any chemical for de-icing, soil stabilization, or control
of vegetation, insects, or animal life on the premises of any
residential, commercial, or industrial property in excess of
30,000 square feet.
Yes No
Other impacts (if any):
Yes No
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD
18. Will proposed action affect the character of the existing community? Yes No
The population of the city in which the proposed action is
located is likely to grow by more than 5% of resident human
population.
Yes No
The municipal budgets for capital expenditures or operating
services will increase by more than 5% per year as a result of
this proposed action.
Yes No
Proposed action will conflict with officially adopted plans or
goals. Yes No
Proposed action will cause a change in the density of land
use. Yes No
Proposed action will replace or eliminate existing facilities,
structures, or areas of historic importance to the community. Yes No
Development will create demand for additional community
services (e.g., schools, police, and fire, etc.) Yes No
Proposed action will set an important precedent for future
actions. Yes No
Proposed action will relocate 15 or more employees in one or
more businesses. Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 — Project Impacts
Project Name: Adoption of Plan Ithaca as Phase I of the City’s Comprehensive Plan
Date: 7/16/15
11 of 11
7/16/2015
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.)
Other impacts (if any): See Part III
Yes No
19. Is there public controversy concerning the proposed action? Yes No Unknown
— If any action in Part 2 is identified as a potential large impact,
or if you cannot determine the magnitude of impact, proceed to Part 3 —
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 3
Project Name: Adoption of Plan Ithaca as Phase I of the City’s Comprehensive Plan
Date: 7/16/15
Page 1 of 3
DESCRIPTION OF ACTION
The proposed action is the adoption of the draft Plan Ithaca as Phase I of the City’s new
comprehensive plan. Once adopted, the comprehensive plan becomes a fundamental part of the
City’s decision-making processes, serving as both a guide for a broad range of City actions and a
standard by which they can be measured. The City has undertaken a two-phase process for the
new comprehensive plan. Phase I involved the preparation of Plan Ithaca, a city-wide plan that
outlines a vision and broad goals for the entire city as well as recommendations for
implementation. Phase II will include the subsequent preparation of specific neighborhood and
thematic plans. All Phase II plans will build upon Plan Ithaca and will reflect the goals of the
broader document.
Plan Ithaca is organized around eight chapters, as follows:
1) Introduction
a. History
b. Vision
2) Public Participation & Communication
3) Land Use
4) Economic Vitality
a. Fiscal Health
b. Economic Development
c. Workforce Development & Job Training
5) Community Livability
a. Housing
b. Historic Preservation
c. Public Safety
d. Physical Infrastructure
e. Health, Wellness, & Support
6) Mobility & Transportation
a. Increasing Transportation Choice Both Locally & Regionally
b. Connecting Land Use & Transportation
c. Efficiency and Innovation in Technology, Operations, & Management
d. Communication & Education to Support Transportation Choices
7) Natural & Cultural Resources
a. Natural Resources
b. Cultural Resources
8) Sustainable Energy, Water, & Food Systems
a. Energy
b. Water Resources & Stormwater Management
c. Food Systems
Three thread-through themes serve as overarching concepts that guide the entire plan. Each chapter
reflects the principles of sustainability, equity, and collaboration, as described below.
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 3
Project Name: Adoption of Plan Ithaca as Phase I of the City’s Comprehensive Plan
Date: 7/16/15
Page 2 of 3
• SUSTAINABILITY: Living in a way that allows present generations to meet their needs
without compromising the ability of future generations to meet their own needs. A
sustainable community must safeguard the health and well-being of its economic, social,
and environmental systems — including food security, clean air and water, healthy
ecosystems, and effective governance.
• EQUITY: The services, amenities, and opportunities that are available through City efforts
are accessible to all residents through means that preserve dignity and that are free of
discrimination. These may include participation in decision-making, as well as access to
information, housing, transportation, economic opportunity, jobs and job training,
recreation, and a safe and healthy environment.
• COLLABORATION: The City works in partnership with other municipalities, educational
institutions, and community organizations to realize the goals of Plan Ithaca.
ENVIRONMENTAL IMPACTS
IMPACT ON AESTHETIC RESOURCES
Will the proposed action affect views, vistas, or visual character of the neighborhood or community?
The plan encourages the development of additional housing and business opportunities within the
city and identifies higher-density areas where growth, in the form of well-designed, compact
mixed-use development, is encouraged. This development will undergo site plan review, and any
potential visual impacts will be evaluated as part of this review. The City’s existing zoning will
remain in effect, and development proposals in any area of the city will be subject to their own
environmental review that will be no less protective of the environment.
The plan also prioritizes the preservation of existing neighborhoods (Low-Density and Medium-
Density Residential areas). While some development may occur in these areas, it must be of high-
quality design and compatible with the existing built environment and uses of the neighborhood.
Impacts on the visual character of the neighborhood are not expected.
IMPACT ON EXISTING TRANSPORTATION SYSTEMS
Will there be an effect to existing transportation systems?
The adoption of the plan itself will not have an effect to existing transportation systems, but the
plan includes several recommendations to improve multi-modal transportation within the city.
These recommendations (described in detail in Chapter 6, “Mobility & Transportation,” of Plan
Ithaca) include enhancing pedestrian and bicycle infrastructure, improving transit stops and
service, creating better connections between neighborhoods, and strengthening multi-modal
connections to surrounding municipalities. The implementation of these recommendations will
result in positive impacts on the existing transportation system. In addition, the implementation
of any recommendations that involve physical changes or policy changes will be subject to separate
environmental review that will be no less protective of the environment.
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 3
Project Name: Adoption of Plan Ithaca as Phase I of the City’s Comprehensive Plan
Date: 7/16/15
Page 3 of 3
The plan encourages the development of additional housing and employment opportunities within
the city and recommends that the majority of this development occur in the form of compact
mixed-use development in appropriate areas. The Land Use Chapter identifies the Urban Mixed-
Use, Waterfront Mixed-Use, and Enterprise areas as appropriate locations. These areas are
considered ideal locations for greater density because of their proximity to existing housing and
employment and their location on or adjacent to major transit corridors (see map in Appendix C).
By locating the majority of additional development in these areas, it will be easier for residents
and/or employees to walk, bike, or take the bus rather than use private vehicles, with minimal
impact on the existing transportation system. Infill development may occur in other areas of the
city, but due to the smaller scale of these developments, no impacts on transportation are expected.
Development proposals in any area of the city will be subject to their own environmental review
that will be no less protective of the environment.
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD
Will the proposed action affect the character of the existing community?
The plan encourages the development of additional housing and business opportunities within the
city and identifies higher-density areas where growth, in the form of well-designed, compact
mixed-use development, is encouraged. The Land Use Chapter identifies the Urban Mixed-Use,
Waterfront Mixed-Use, and Enterprise areas as appropriate locations. There is a strong need for
additional housing in the city, and these areas are ideal locations for denser development due to
their proximity to transit corridors, walkability, and the accessibility of goods and services. New
development will undergo site plan review and be subject to its own environmental review that
will be no less protective of the environment.
As a result of the plan’s recommendations, there is potential for the population to grow by more
than 5% or 1,500 people. It is expected that the majority of new residential growth will be
accommodated in the Urban Mixed-Use, Waterfront Mixed-Use, and Enterprise areas. It is
intended that this new development will enhance the character of these areas while also allowing
the preservation of the character of the city’s established residential neighborhood. It is also
possible that there could be additional demand for community services, but new development will
increase the city’s tax base and provide added revenues to fund additional services.
The adoption of Plan Ithaca as Phase I of the City’s Comprehensive Plan will set an important
precedent for future actions. The plan will inform future decision-making by guiding policy and
funding decisions. Upon adoption, the plan will replace the existing comprehensive plan, Ithaca,
NY: A General Plan, and all amending plans.
9.2 Agreement with Ithaca Neighborhood Housing Services (INHS) for Future
Improvements to Lake Avenue and Eastern Portion of Adams Street – Resolution
WHEREAS, Ithaca Neighborhood Housing Services, Inc. (INHS) in 2014 purchased the
parcel known as 210 Hancock Street and began seeking community and Planning
Board input; and
WHEREAS, based on this input, INHS has proposed a development plan of the 210
Hancock parcel that includes improvements to Lake Avenue for a pedestrian and
bicycle pathway and incorporation of a playground structure in the eastern section of
Adams Street; and
WHEREAS, City staff is generally supportive of the development plans proposed by
INHS, and INHS is in the process of obtaining site plan approval; and
WHEREAS, INHS has agreed to construct and maintain such improvements at its cost
in accordance with City specifications affording City vehicles the ability to continue to
access the creek through the improved site as needed for public works or safety
purposes; and
WHEREAS, the improvements and land underneath such improvements shall be the
property of the City, and will be open to the public; and
WHEREAS, INHS has agreed to be responsible for maintenance and liabilities resulting
from use of the improved site, except for any liabilities which are caused by the City’s
negligence or willful misconduct, which shall be the City’s responsibility; and
WHEREAS, in consideration for these agreements, the City has agreed to seek
discontinuance of Lake Avenue and the eastern portion of Adams Street; and
WHEREAS, the discontinuance process will require environmental review, public
comment, and discretionary approval (or denial) by the Board of Public Works; and
WHEREAS, INHS has asked for an agreement from the City that it commits to seek
discontinuance in order to satisfy certain requirements related to the Low Income
Housing Tax Credits that INHS is seeking; now, therefore be it
RESOLVED, That the Mayor is authorized to execute an agreement with INHS
substantially similar to that included herewith, and for a term not to exceed fifty (50)
years, concerning the use of Lake Avenue and the eastern portion of Adams Street.
BACK-UP ITEM 9.2
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF ITHACA
AND
ITHACA NEIGHBORHOOD HOUSING SERVICES, INC.
THIS AGREEMENT, entered into the _____ day of ____, 2015, between the CITY
OF ITHACA (“City”) and ITHACA NEIGHBORHOOD HOUSING SERVICES, INC.
(“INHS”).
WHEREAS,
a. INHS has acquired the property known as 210 Hancock Street and 423 First
Street, City of Ithaca (the “INHS Property”) and intends to redevelop the INHS
Property into a mixed use residential project (the “Redevelopment Project”);
b. INHS has proposed certain improvements to City-owned land as a part of the
Redevelopment Project, and the City is supportive of such improvements;
c. As a condition of site plan approval for the Redevelopment Project, INHS will
commit to construct and maintain pedestrian and bicycle paths and a play
structure on a portion of Lake Avenue and Adams Street (collectively the “Street
Parcel”) as shown on the attached survey map, and to uphold all other
obligations under this Agreement;
d. The City owns the Street Parcel and has agreed to seek the discontinuance of
those portions of Lake Avenue and Adams Street for vehicular traffic so that the
Street Parcel can be used in the Redevelopment Project as described herein and
subject to the terms and conditions of this Agreement; and
e. In consideration of the mutual covenants and agreements in connection with the
Redevelopment Project, the Parties agree to the terms and conditions set forth
herein.
NOW THEREFORE IT IS HEREBY AGREED THAT:
Term
1. This Agreement shall be for a term of fifty (50) years commencing on the date upon
which all of the following conditions have been fulfilled:
a. Site Plan Approval,
b. Receipt of Notice of Award of Low Income Housing Tax Credits for the
Redevelopment Project, and closing on all financing necessary to construct
the same,
c. Satisfactory completion of the discontinuance process for the Street Parcel.
2. In the event that the conditions stated in paragraph 1 have not been fulfilled within
three years of execution of this Agreement, this Agreement shall terminate.
3. Upon termination, INHS shall be relieved of further responsibility for maintenance
and repair of the Street Parcel, and shall have no rights to the same as distinct from
members of the public.
INHS Obligations
4. INHS shall timely apply for site plan review approval pursuant to City requirements
for the Redevelopment Project. The proposed site plan shall include community
paths for public use on the Street Parcel and a community play structure on the
former Adams Street parcel. The design and layout of the paths and the play
structure, including landscaping and trash receptacles and the items set out at
Section 7, shall be presented and approved as part of the site plan for the
Redevelopment Project. INHS acknowledges that the adherence to the terms and
conditions of this Agreement shall be a condition of site plan approval by the
Planning Board of the City.
5. The community paths and play structure may be used by the public during the hours
between 5:00 a.m. and one-half hour after sunset, and by the City, for municipal
purposes, at any time.
6. The construction and maintenance of the community paths and play structure shall
be the sole responsibility of INHS. Without limitation of the foregoing, but as
clarification and in addition
a. INHS will maintain at its own expense the improvements approved of in the
site plan on the Street Parcel, including but not limited to the paths and play
structure, in a safe, sound, clean and serviceable condition, in accordance
with all applicable ordinances of the City, such that no hazard is posed to the
public from the public’s use of or proximity to the same, and will repair
damage and defects in such improvements, as provided in this Agreement.
b. INHS will provide custodial and landscaping services to maintain the
appearance of the improvements, including trash removal and routine care of
vegetation in the improved area as described by the site plan and in
accordance with City exterior property maintenance ordinance.
c. INHS will plow the paths clear of snow to the City’s reasonable standard and
in compliance with the City’s exterior property maintenance ordinance, or will
contract for the same.
d. INHS shall maintain all improvements and all land within the Street Parcel.
INHS shall not be responsible for maintaining land outside the surveyed
boundary of the Street Parcel.
e. INHS will not have a duty to repair damages and defects caused by the City’s
use of the Street Parcel. For purposes of this clause, the public’s use shall not
constitute the City’s use.
7. The design of the community paths and play structure shall be subject to the
approval of the Superintendent of Public Works to assure that City emergency and
maintenance vehicles have access to the adjoining creek. Final details shall be as
set forth in the site plan approval, but shall include the following:
a. The main path on the former Lake Avenue parcel shall be 10 feet wide, so as
to allow use and access by City vehicles as part of the City’s maintenance
duties. It shall be made of materials strong enough to support the stress of
City maintenance vehicles.
b. The site plan shall delineate the turning radius for a snow plow at the
intersection of Adams Street and Alice Miller Way. This radius shall set the
boundary of property maintenance responsibilities between the City and INHS
in that area. This radius will set the boundary for the portion of Adams Street
that the City will seek to discontinue. These boundary lines are shown on the
attached survey.
c. A fence, hedgerow or other demarcation as approved in the site plan shall be
installed along the property line between the INHS Property and the Street
Parcel.
8. INHS shall obtain at its expense a survey to show the location of all improvements
and the lines delineating the property which is under INHS maintenance and that
which is under City maintenance duties.
City Obligations
9. The City will remain the owner of record for the Street Parcel. In the unlikely event
that the Street Parcel is classified by Tompkins County as taxable, any amounts due
for taxes or assessments shall be paid by the City.
10. The City is responsible for the creek bank. INHS shall not be responsible for
maintenance of trees or other vegetation on the bank, or otherwise outside the
surveyed boundary of the Street Parcel. The City shall maintain lighting, likely
comprised of pre-existing on-site fixtures, and the utility cost of lighting along the
property.
11. The City has the right to use the Street Parcel to access the creek, canal,
embankments and walls, or for any other reason, including by any vehicular or
mechanical means selected by the City.
12. The City will provide timely notice to INHS of any damage or defects to the Street
Parcel and its improvements. INHS further agrees to repair or remove any such
damage or defect, as directed by the City except for damage or defect caused by
the City. In the event of INHS’s failure to effect such repair or removal, after notice
from City to do so, the City may carry out the same and charge INHS for such cost,
plus a 25% administrative charge.
13. The City shall be the sole owner of the improvements, and may in its sole discretion
alter, remove, or destroy the improvements, at its own expense. If the City alters the
improvements, including all paths, INHS obligations under this Agreement shall
continue to such extent as those obligations are substantially similar in substance
and scope to the obligations herein agreed, provided that the public use of the paths
continues to be solely for pedestrian and bicycle access. The City shall provide
INHS with notice at least ninety (90) days prior to substantially and intentionally
altering, removing or destroying the improvements, permitting INHS to provide
comment on such plans.
14. Notwithstanding the foregoing paragraph, the City may not during the term of this
Agreement alter remove or destroy the play structure. Any damage to the play
structure caused by the City shall be promptly repaired at the City’s expense.
15. The City may close public access to the Street Parcel and improvements as
necessary to work on the creek, canal, embankments or walls or for safety hazards
posed, or on any other safety hazards posed on the Street Parcel. This restriction
may limit the access of residents living in the INHS-constructed townhomes.
16. Except in the case of emergencies, the City will give notice to INHS and, as feasible,
the residents of the Redevelopment Project of any substantial closures, repairs, and
maintenance that it plans to perform.
17. Contingent upon the execution of this Agreement and the site plan approval for the
Redevelopment Project, the City shall diligently and in good faith pursue the
discontinuance process for the Street Parcel, with ultimate discretion to complete or
not complete the discontinuance vested solely in the City.
18. Notwithstanding any other provisions herein, the Agreement contained herein may
be revoked or modified by the City (a) upon such notice as is practical, in the event
of an emergency that threatens property or the public safety or welfare, or (b) upon
at least one month’s notice that the Superintendent of Public Works has determined
that INHS has failed to comply with any substantive term herein, and that INHS has
not cured such breach within the notice period.
Indemnification, Liability, and Insurance
19. INHS shall defend, indemnify, and hold harmless the City from any claims,
damages, costs, and expenses arising from or in connection with physical injury (up
to and including death) sustained on the Street Parcel, unless caused by defects in
the property that are (a) caused by any negligence or willful misconduct on the part
of the City, or (b) as to which the City received prior written notice, as defined in
Section C-107 of the City of Ithaca Charter, but then failed to so inform INHS within
one week of receipt thereof.
20. The City shall defend, indemnify, and hold harmless INHS from any claims,
damages, costs and expenses arising out of defects in the property (a) to the extent
solely caused by negligence or willful misconduct of the City.
21. When INHS and the City have both contributed to liabilities incurred by the Parties,
each will indemnify the other in proportion to its respective responsibility for the act
or omission that gave rise to such liability, except that the City’s responsibility under
this paragraph shall extend only to its negligence or willful misconduct.
22. Notwithstanding any other provision of this Agreement, in no event shall the City be
required to defend, hold harmless, or indemnify INHS or any other party from suits,
actions, damages, liability, or expense which, had it been asserted against the City
directly, would not have necessitated the City either to defend on the merits or to
incur the resulting liability under applicable law.
23. At all times that the Agreement is in effect, including during construction of the
improvements, INHS shall provide proof of commercial general liability coverage in
the amount of $1,000,000 per occurrence, $2,000,000 in the aggregate, and
umbrella coverage of $5,000,000, and as revised by the City from time to time. The
insurance policies shall include the City of Ithaca as an additional insured. INHS
shall also provide proof of compliance with statutory Worker’s Compensation and
Disability coverage requirements.
Miscellaneous
24. The City may add any unpaid fees, reimbursements, penalties or other amounts
INHS owes the City by virtue of INHS’ obligations and responsibilities under this
Agreement to the tax bill of the INHS Property.
25. Except as otherwise set forth in this Agreement, the Parties shall bear their own
costs and expenses, including engineering fees, legal accounting, and fees incurred
in connection with the negotiation and preparation of this Agreement and any
subsequent exercising of rights or performance of obligations set forth in this
Agreement. In the event that a party is determined by a court of competent
jurisdiction to be in breach of any of the substantive terms of this Agreement, the
party found to be in breach shall be liable for the costs and reasonable attorneys’
fees of the party that asserted and prevailed upon such claim.
26. The use by INHS of the above-described property of the City does not constitute and
shall never ripen into or become a right to use any portion of such property without
the consent of the City, but is and shall continue to be only a use by sufferance of
said property of the City, as evidenced by a duly executed and current Agreement.
27. This Agreement supersedes all prior Agreements, understandings, and
communications between the Parties, whether oral or in writing, concerning the
subject matter of this Agreement. This Agreement may not be modified or amended
except by a writing signed by all Parties. The waiver by a party of its rights under this
Agreement or of a breach by any other party shall not constitute a waiver of any
other rights under this Agreement or of any future breaches by any party.
28. If any part, paragraph, or portion of this Agreement is held to be void, invalid,
inoperative, or unenforceable for any reason, such provision shall be deemed
severed and the remainder of this Agreement shall not be impacted and shall
continue in full force and effect, unless to do so would fundamentally contravene the
present valid and legal intent and purpose of the Parties. The Parties agree that
each and every provision that is deemed by a court of competent jurisdiction to have
been required by law to be included in this Agreement shall be deemed to be
inserted herein and shall have the same force and effect as if it were actually
inserted.
29. This Agreement may not be assigned by either party without the express written
consent of the other party, which consent shall not be unreasonably withheld or
delayed. Notwithstanding the foregoing, INHS may assign the Agreement to any
entity in which it holds a controlling interest or serves as the managing member of
and which becomes the owner of the INHS Property. This Agreement is not intended
to benefit any third-party, and no person or entity who is not a party shall be entitled
to enforce any of the rights, interests, or obligations of a party to this Agreement.
30. This Agreement shall be governed by the laws of the State of New York. Any action
or proceeding relating to this Agreement shall be venued in a court of competent
jurisdiction that is located in the County of Tompkins.
31. All notices required by this Agreement shall be in writing and shall be sent by
certified mail, return receipt requested, personal delivery, or facsimile at the following
addresses:
To the City:
Mayor
City of Ithaca
108 East Green Street
Ithaca, NY 14850
City Attorney
City of Ithaca
108 East Green Street
Ithaca, NY 14850
To INHS:
Executive Director
115 West Clinton Street
Ithaca New York, 14850
32. The terms and provisions of this Agreement shall be binding upon the heirs,
successors, distributees and assigns of the parties hereto.
CITY OF ITHACA ITHACA NEIGHBORHOOD HOUSING SERVICES,
INC.
By: _________________________ By: _________________________
Name: Svante Myrick Name: Paul Mazzarella
Title: Mayor Title: Executive Director
Date: _______________________ Date: _______________________
LIST OF EXHIBITS: Appendix A – Survey Map
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210 Hancock Street Redevelopment
SITE PLAN
AUGUST 11, 2015
10. CITY ADMINISTRATION COMMITTEE:
10.1 Authorization to Enter Into Agreement with Tompkins County and Cornell
University to Continue the Housing Fund Program for an Additional Six Years
A. Declaration of Lead Agency Status– Resolution
WHEREAS, the State Environmental Quality Review Act (“SEQRA”) and Chapter 176 of
the City Code, the City Environmental Quality Review Ordinance (“CEQRO”), require
that a lead agency be established for conducting environmental review of any action
subject to such review, in accordance with state and local environmental law; and
WHEREAS, SEQRA specifies that the lead agency shall be that agency which has
primary responsibility for approving, funding or carrying out the proposed action; and
WHEREAS, the proposed action is execution of a Memorandum of Understanding
(“MOU”) among and between Tompkins County, the City of Ithaca and Cornell
University to continue the Housing Fund program to increase the supply of affordable
housing, and the commitment of funding under the MOU, which is an “Unlisted” Action
pursuant to CEQRO, thereby requiring environmental review; and
WHEREAS, Tompkins County has conducted a separate environmental review on their
authorization to execute the proposed MOU; and
WHEREAS, no other agency has jurisdiction to fund, approve or undertake the action;
now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
as lead agency for the environmental review of this proposed action.
B. Determination of Environmental Significance – Resolution
WHEREAS, the Common Council is considering execution of a Memorandum of
Understanding (“MOU”) among and between Tompkins County, the City of Ithaca and
Cornell University to continue the Housing Fund program to increase the supply of
affordable housing, and the commitment of funding under the MOU; and
WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the
environmental review of this proposed action; and
WHEREAS, the proposed action is categorized as an “Unlisted” action under the City
Environmental Quality Review Ordinance (CEQRO); and
WHEREAS, each housing project assisted through the Housing Fund program will
undergo a separate environmental review as a condition of receipt of financial
assistance; and
WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the
environmental review, has reviewed and accepted as adequate a Short Environmental
Assessment Form, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be
it
RESOLVED, That the City of Ithaca Common Council hereby determines that the
proposed action will result in no significant impact on the environment and that a
Negative Declaration for purposes of Article 8 of the Environmental Conservation Law
be filed in accordance with the provisions of Part 617 of the State Environmental Quality
Review Act.
C. Authorization For Agreement - Resolution
WHEREAS, on April 1, 2009, the Common Council authorized the Mayor to execute a
Memorandum of Understanding (MOU) among and between the City of Ithaca,
Tompkins County and Cornell University to establish the Housing Fund to provide
financial assistance for the creation of affordable housing units as recommended in the
Common Council-endorsed 2007 Housing Strategy for Tompkins County (Housing
Strategy); and
WHEREAS, the Housing Strategy recommended implementation of the following
initiatives to produce new housing for lower and middle income households in close
proximity to services, jobs and transit:
1. Inclusionary and incentive zoning
2. Community housing trust fund
3. Employer assistance
4. Housing affordability fund; and
WHEREAS, per the 2009 MOU, the parties agreed to the following minimum funding
contributions over six years:
$1,200,000 Cornell University
$600,000 Tompkins County
$600,000 City of Ithaca
$2,400,000 Total, and
WHEREAS, over the first six years of the program, 124 affordable housing units have
been constructed and an additional 80 housing units have been awarded competitive
funding and are expected to be constructed; and
WHEREAS, Ithaca continues to experience a severe housing affordability problem
where 56% of all renter households, and 21% of homeowner households, are financially
stressed by paying more than 30% of income for housing; and
WHEREAS, the 2009 MOU expires in 2015 and the program will terminate without
renewed funding commitments; and
WHEREAS, the Housing Fund is managed by the Program Oversight Committee made
up of three representatives from each signatory; and
WHEREAS, the Program Oversight Committee recommends continuation of the
program; and
WHEREAS, Tompkins County and Cornell University have indicated they are committed
to continue to fund and participate in the program for an additional six-year terms,
contingent upon City of Ithaca participation; and
WHEREAS, a new 2015 MOU has been developed whereby Tompkins County, the City
of Ithaca and Cornell University would fund the program an additional six years at the
original minimum funding levels contained in the 2009 MOU; and
WHEREAS, the 2015 MOU changes the program’s name to the “Community Housing
Development Fund” from the “Housing Fund” to clarify its purpose; and
WHEREAS, the City’s 2015 contribution of $100,000 to the Community Housing
Development Funds was authorized as a capital project in the FY2015 City of Ithaca
budget; and
WHEREAS, environmental review of this matter has been has been completed; and
WHEREAS, the City Administration Committee reviewed this matter at their August 19,
2015, meeting and recommend the following; now, therefore, be it
RESOLVED, The Mayor is hereby authorized, subject to review by the City Attorney, to
execute the 2015 Memorandum of Understanding with regard to the Community
Housing Development Fund among and between the City of Ithaca, the County of
Tompkins and Cornell University; and, be it further
RESOLVED, That upon full execution of the MOU, the City’s annual funding
commitment under the MOU will be derived from an annual appropriation included the
municipal budget and/or from authorization of a capital project(s), as determined by
Common Council; and, be it further
RESOLVED, The Mayor is authorized to accept any revisions to the 2015 MOU that do
not substantially or materially alter its intent or substance; and, be it further
RESOLVED, That any funding award of City of Ithaca funds provided pursuant to the
MOU for a specific housing project shall be separately approved by the Common
Council prior to disbursement from the Community Housing Development Fund.
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REDLINE COMPARING PROPOSED 2015 MOU TO 2009 MOU
MEMORANDUM OF UNDERSTANDING AMONG THE COUNTY OF TOMPKINS, THE CITY
OF ITHACA, AND CORNELL UNIVERSITY WITH REGARD TO THE COMMUNITY
HOUSING DEVELOPMENT AFFORDABILITY PROGRAM AND THE COMMUNITY
HOUSING TRUST PROGRAM OF THE HOUSING FUND
WHEREAS, the signatories of this Memorandum of Understanding (MOU) established the Tompkins
County Housing Fund in 2009 and have successfully administered it through 2015, assisting the
construction of 124 affordable housing units to date and with an additional 80 units expected to proceed to
construction, and
WHEREAS, the signatories wish to further develop and administerthis program as the Housing
FundCommunity Housing Development Fund (“the Fund”) to be used to meet affordable housing needs
throughout Tompkins County, the goal of the Housing Fund being to assist communities, and
organizations, and housing developers throughout Tompkins County to respond to the diverse affordable
housing needs of its residents, and
WHEREAS, the signatories recognize the value of producing and retaining mixed-income housing that is
available to a diversity of residents with a range of incomes, and that mixed-income housing projects that
include affordable units should be encouraged and eligible for program assistance, particularly to support
projects complying with local inclusionary zoning ordinances,
WHEREAS, 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 strategic plans, and
WHEREAS, in establishing administering the Community Housing Development Fund, the signatories
recognize the benefits of providing funds to experienced for-profit and not-for-profit developers for pre-
development costs through the Community Housing Affordability Program; and funding through the
Community Housing Trust Program for the cost of land and other costs associated with the development,
rehabilitation, and retention of affordable housing units, provided that the housing units assisted
developed with those funds on that land remain permanently affordable for those earning up to
Income80% of Area Median Income (AMI) or up to 120% of AMI provided a project also contains a
significant proportion of housing units for households earning 80% or less of AMI, through the
Community Housing Trust, or such other program or entity meeting the housing initiative objectives as
approved by the signatories, and
WHEREAS, the signatories further recognize that the understanding of the challenges to affordable
housing development and preservation, and best practices to improve and expand the supply of affordable
housing, continue to evolve as both Tompkins County and communities throughout the nation continue to
face complex and persistent affordable housing challenges,
NOW, THEREFORE, the signatories agree as follows:
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A. The signatories are the COUNTY OF TOMPKINS (hereinafter “County”), the CITY OF ITHACA
(hereinafter “City”), and CORNELL UNIVERSITY (hereinafter “Cornell”), with all signatories
hereinafter jointly referred to as “the participating entities”.
B. The Community Housing Development Fund 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 ProgramFund is designed intended to ensure that newly
constructed or rehabilitated homes, as well as existing affordable housing units, remain permanently
affordable to future generations of renters and buyers.. 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. AIn accordance with the objectives set forth in the whereas clauses above, aA Notice of Funding
Availability (NOFA) has beenwill be drafted for each funding round released under the Community
Housing Development Fund to describe available funding opportunities through the and application
procedures. 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, or preserving existing affordable units 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.
D. The participating entities shall form a Program Oversight Committee made up of three representatives
appointed by each signatory to this Memorandum of Understanding, for a total of nine members. It is
suggested that at least one representative be a member of the elected body or senior administration of
each signatory. The remaining City and County seats should include an appointedbe drawn from
community members with relevant expertise such as those representing a financial institution with
housing lending experience; a real estate development firm or organization; a representative from an
economic development firm or organization or in the case of Cornell University, a Cornell
representative with housing lending, real estate, or economic development experience. Each
participating entity shall appoint one alternate member, and 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 Fund
(including but not limited to finalizing and administering the NOFA document and process) with
assistance from staff of the Tompkins County Planning Department; (2) appointing members to and
reviewing recommendations from the Application Review Committee; and (3) making final funding
recommendations to the participating entities. In addition, the Program Oversight Committee will be
responsible for (4) monitoring the use of funds, (565) overseeing the funds any additional entities may
choose to contribute, recommending the conditions for the repayment of loans; (6) facilitating the
formal agreement between the granting entities and the funding recipient, and (76) developing a
template agreement to be used by participating entities for funding of applicants approved by the
Program Oversight Committee.identifying and proposing other opportunities to advance affordable
housing within Tompkins County, subject to the approval of the participating entities.
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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 may include an appointed member representing housing professionals from outside the County
and should include appointed local professionals with experience in relevant fields such as real estate
development, housing, the building industry, planning, sustainable development, human service
needs, or real estate finance.
G. Participating entities agree to enter into the MOU with the understanding that funds will be provided
based on the recommendations of the Program Oversight Committee, and to enter into grant
agreements with funding recipients in a timely fashion. However, notwithstanding the above, each
participating entity shall have the right to decline use of its own funds for an application
recommended for approval by the Program Oversight Committee that does not, at its sole discretion,
match its housing initiative priorities. In recognition that City residents pay property taxes to the
County, the County agrees not to decline an application for funding solely because the housing project
is located within the City, to the extent permitted by applicable laws and regulations governing use of
County funds paid toward the funding of the NOFA. The decision of the participating entity to decline
support of a project cannot be overruled by the Program Oversight Committee.
H. Each participating entity shall contribute funds in the amounts specified below to be used to capitalize
the Community Housing Development FundHousing Fund. Each participating entity will have
custody of and manage its individual contributions, at its own expense.
Table 1: Sources of Funds for the NOFA.
Term of MOU Tompkins County City of Ithaca Cornell
University Total
Year 1 $100,000 $100,000 $200,000 $400,000
Year 2 $100,000 $100,000 $200,000 $400,000
Year 3 $100,000 $100,000 $200,000 $400,000
Year 4 $100,000 $100,000 $200,000 $400,000
Year 5 $100,000 $100,000 $200,000 $400,000
Year 6 $100,000 $100,000 $200,000 $400,000
Total Contribution $600,000 $600,000 $1,200,000 $2,400,000
I. The COUNTY agrees to:
1. Contribute $600,000 ($100,000 annually per Table 1 during the term of the MOU) toward the
funding of the NOFA and any affordable housing relkated efforts approved by the
participating entities.
2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability
(NOFA) consistent with the scope of funding described in the relevant portions of the
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Community Housing Collaborative (Attachment 1) and the Cornell Housing Initiative
(Attachment 2).
3. Make such contribution on the condition that all disbursements of funding made from its
contributions are used on proposed housing projects or related efforts approved by the
participating entities, consistent with the municipal program requirements for the sources of
funding and the relevant portions of the Community Housing Collaborative (Attachment 1).
4. Participate on the Program Oversight Committee throughout the NOFA process.
4.5.Provide assistance from staff of the Tompkins County Planning Department to support the
administration of the Fund.
6. Provide assistance from staff of the Tompkins County Planning Department to support the
Program Oversight Committee and the Applications Review Committee.
5.7.Enter into an agreements 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.
6.8.Track County funds and matching funds all funds contributed to the Community Housing
Development Fund, invoice participating entities for the funds awarded from their
contributions to particular proposals, and disburse the funding awards as appropriate for
proposal(s) receiving Countyawarded funding.
9. Account on a quarterly regular basis to the other participating entities for disbursement of
funds for the NOFAfrom the Community Housing Development Fund.
7.10. Determine a process by which the COUNTY will determine whether or not it grants
approval of using the Community Housing Development Fund to support additional affordable
housing-related activities suggested by the Program Oversight Committee. No COUNTY
contributions to the Fund will be used for these additional activities without COUNTY
approval.
J. The CITY agrees to:
1. Contribute $600,000 ($100,000 annually per Table 1 during the term of the MOU) toward the
funding of the NOFA.
2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability
(NOFA) consistent with the scope of funding described in the relevant portions of the
Community Housing Collaborative (Attachment 1) and the Cornell Housing Initiative
(Attachment 2).
3. Make such contribution on the condition that all disbursements of funding made from its
contributions are used on proposed housing projects or related efforts approved by the
participating entities, consistent with the municipal program requirements for the sources of
funding and the relevant portions of the Community Housing Collaborative (Attachment 1).
4. Participate on the Program Oversight Committee throughout the NOFA process.
5. Enter into an fiscal agreement(s) with the COUNTY and make funds available for
disbursement of funds to approved grant recipients receiving support from the City’s
contribution to the Fund 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 fundingcommitted to the Community Housing Development Fund.
6.7.Determine a process by which the CITY will determine whether or not it grants approval of
using the Community Housing Development Fund to support additional affordable housing-
related activities suggested by the Program Oversight Committee. No CITY contributions to
the Fund will be used for these additional activities without CITY approval.
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K. CORNELL agrees to:
1. Contribute $1,200,000 ($200,000 annually per Table 1 during the term of the MOU) toward
the funding of the NOFA.
2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability
(NOFA) consistent with Cornell University’s workforce development and housing goalsthe
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 or related efforts approved by the
participating entities, consistent with the Cornell University’s workforce development and
housing goals.Housing Initiative (Attachment 2) 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 CommitteeMake funds available for
disbursement to approved recipients receiving support from Cornell’s contribution to the Fund.
6. Track Cornell funds and matching funds and disburse the funding awards as appropriate for
proposal(s) receiving Cornell fundingcommitted to the Community Housing Development
Fund.
6.7.Determine a process by which the Cornell will determine whether or not it grants approval of
using the Community Housing Development Fund to support additional affordable housing-
related activities suggested by the Program Oversight Committee. No CORNELL
contributions to the Fund will be used for these additional activities without CORNELL
approval.
L. Additional municipalities, major employers, charitable foundations, or private entities are encouraged
to contribute funding to the Community Housing Development FundHousing Fund. It is the
responsibility of the Program Oversight Committee to oversee the contributions of additional entities.
The Program Oversight Committee may accept or reject contributions at its sole discretion. The
Program Oversight Committee will at its sole discretion determine how funds from additional entities
are to be disbursed. In the event an additional municipality, major employer or charitable foundation
who commits to contribute funding also seeks representation on the Program Oversight Committee,
such representation shall be permitted as follows:
1. A contribution of $50,000 or more to the Community Housing Development Fund 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.but will not be counted towards
quorum.
2. The contributors will agree to disburse funding awards for proposal(s) receiving funding as
directed by the Program Oversight Committee.
M. Funds not expended in one year by any of the participating entities will be rolled over to the following
year and will be available in addition to the participating entity’s annual contribution.
N. This MOU shall be effective upon execution by all the participating entities and shall have a term of
six-years or until such time as funds encumbered by each of the participating entities for the
Community Housing Development Fund are committed and fully expended, whichever is later.
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O. Each participating entity may terminate this MOU for any reason upon thirty (30) days written notice
to the other participating entities. Upon termination, the terminating entity shall honor the funding
obligations from in any agreements made by it with funding recipients prior to the date of termination,
but shall have no further obligations under the MOU. Any contributions committed to the Community
Housing Development Fund by the terminating entity for the year within which the written notice of
termination was issued will remain available for use on Community Housing Development Fund
projects.
P. Modification: This Memorandum of Understanding may be modified at any time by mutual
agreement of all three signatories.
P.Q. The Program Oversight Committee will review the Notice of Funding Availability, Program
Oversight Committee bylaws, and the Memorandum of Understanding every two years.as needed.
When the POC has discussed a particular programmatic change, final approval of language can be
obtained by email with all committee members. If an objection is raised by any voting member within
10 business days, said change must be brought to the next Program Oversight Committee meeting for
a final decision. Should no objections be raised within 10 business days, the change will take effect.
Q.R. To the extent permitted by law, each participating entity hereby agrees to indemnify, hold
harmless and defend the other participating entities and their respective officers, employees, agents
and elected officials from and against any and all claims and actions brought against the other
participating entities and their respective officers, employees, agents or elected officials, for injury or
death to any person or persons, or for damage to property, arising out of the performance of this
Memorandum of Understanding by the participating entity, its employees, subcontractors, or agents.
R.S. Participating entities will not discriminate against any employee, applicant for employment, sub-
contractor, supplier of materials or services, or program participant because of actual or perceived:
age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status,
marital status, national origin, race, religion, sexual orientation, socio-economic status, or weight.
S.T. The Program Oversight Committee shall adopt, by agreement of at least seven committee
members, initial operating rulesbylaws that minimally define a quorum as 6 members including at
least 2 voting members from each participating entity, and specify the minimum number of votes
required to take action. Amendments to the operating rulesbylaws shall require agreement of at least
seven duly appointed committee members.
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Tompkins County
Name: _________________________________________
Title: __________________________________________
Signature: ______________________________________
Date: __________________________________________
City of Ithaca
Name: _________________________________________
Title: __________________________________________
Signature: ______________________________________
Date: __________________________________________
Cornell University
Name: _________________________________________
Title: __________________________________________
Signature: ______________________________________
Date: __________________________________________
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Attachment 1
An Excerpt from the Community Housing Collaborative 1
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
will benefit 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.
1 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 with Cornell 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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• 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% of the 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.
• 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, or payments 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
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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 conforms 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 land; environmental assessment; site design; building design; approvals; permits; market studies;
or financing fees. It is expected that the fund will be repaid when the project has been completed and the
permanent 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 of Ithaca and $400,000 from Cornell over the next 6 years. The
County and City funds would be restricted to projects that primarily benefit low-income households.
Who’s responsible? An oversight board vested 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.
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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 process 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 of Ithaca 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 of Ithaca. 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
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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 program 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% of the 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 of this housing could require higher than
normal subsidy amounts.
RENTAL HOUSING DEVELOPMENT [OMITTED]
TAX EXEMPT BOND FINANCING/CREDIT ENHANCEMENT [OMITTED]
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Attachment 2
Principles of Cornell Workforce 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 the supply 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.
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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.
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MEMORANDUM OF UNDERSTANDING AMONG THE COUNTY OF TOMPKINS, THE CITY
OF ITHACA, AND CORNELL UNIVERSITY WITH REGARD TO THE COMMUNITY
HOUSING DEVELOPMENT FUND
WHEREAS, the signatories of this Memorandum of Understanding (MOU) established the Tompkins
County Housing Fund in 2009 and have successfully administered it through 2015, assisting the
construction of 124 affordable housing units to date and with an additional 80 units expected to proceed to
construction, and
WHEREAS, the signatories wish to further develop this program as the Community Housing
Development Fund (“the Fund”) to be used to meet affordable housing needs throughout Tompkins
County, the goal of the Fund being to assist communities, organizations, and housing developers
throughout Tompkins County to respond to the diverse affordable housing needs of its residents, and
WHEREAS, the signatories recognize the value of producing and retaining mixed-income housing that is
available to a diversity of residents with a range of incomes, and that mixed-income housing projects that
include affordable units should be encouraged and eligible for program assistance, particularly to support
projects complying with local inclusionary zoning ordinances,
WHEREAS, in administering the Community Housing Development Fund, the signatories recognize the
benefits of providing funds to experienced for-profit and not-for-profit developers for the cost of land and
other costs associated with the development, rehabilitation, and retention of affordable housing units,
provided that the housing units assisted with those funds remain permanently affordable for those earning
up to 80% of Area Median Income (AMI) or up to 120% of AMI provided a project also contains a
significant proportion of housing units for households earning 80% or less of AMI, and
WHEREAS, the signatories further recognize that the understanding of the challenges to affordable
housing development and preservation, and best practices to improve and expand the supply of affordable
housing, continue to evolve as both Tompkins County and communities throughout the nation continue to
face complex and persistent affordable housing challenges, NOW, THEREFORE, the signatories agree as
follows:
A. The signatories are the COUNTY OF TOMPKINS (hereinafter “County”), the CITY OF ITHACA
(hereinafter “City”), and CORNELL UNIVERSITY (hereinafter “Cornell”), with all signatories
hereinafter jointly referred to as “the participating entities”.
B. The Community Housing Development Fund is a locally funded and administered program that assists
with the development costs associated with residential and mixed-use real estate development
projects. The Fund is intended to ensure that newly constructed or rehabilitated homes, as well as
existing affordable housing units, remain permanently affordable to future generations of renters and
buyers .
C. In accordance with the objectives set forth in the whereas clauses above, a Notice of Funding
Availability (NOFA) will be drafted for each funding round released under the Community Housing
Development Fund to describe available funding opportunities and application procedures. Applicants
for funding consideration will be required to submit detailed evidence of their qualifications and
capabilities in completing similar projects and successfully delivering new or adaptive-reuse housing,
or preserving existing affordable units that conform to the affordability objectives described in the
Notice of Funding Availability. Funds shall be awarded as described below in Section G. Applicants
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will be required to comply with certain measurements and performance criteria intended to ensure that
disbursed funds fulfill the objectives set forth by the signatories.
D. The participating entities shall form a Program Oversight Committee made up of three representatives
appointed by each signatory to this Memorandum of Understanding, for a total of nine members. It is
suggested that at least one representative be a member of the elected body or senior administration of
each signatory. The remaining City and County seats should be drawn from community members
with relevant expertise such as those representing a financial institution with housing lending
experience; a real estate development firm or organization; a representative from an economic
development firm or organization or in the case of Cornell University, a Cornell representative with
housing lending, real estate, or economic development experience. Each participating entity shall
appoint one alternate member, and may also appoint one staff member as an ex-officio non-voting
member.
E. The Program Oversight Committee will be responsible for (1) administering the Fund (including but
not limited to finalizing and administering the NOFA document and process) with assistance from
staff of the Tompkins County Planning Department; (2) appointing members to and reviewing
recommendations from the Application Review Committee; and (3) making final funding
recommendations to the participating entities. In addition, the Program Oversight Committee will be
responsible for (4) monitoring the use of funds, (5) overseeing the funds any additional entities may
choose to contribute, and (6) identifying and proposing other opportunities to advance affordable
housing within Tompkins County, subject to the approval of the participating entities.
F. An Application Review Committee shall consist of members appointed by the Program Oversight
Committee to evaluate and rate applications for funding and provide recommendations to the Program
Oversight Committee on such funding applications. The Application Review Committee members
may include an appointed member representing housing professionals from outside the County and
should include appointed local professionals with experience in relevant fields such as real estate
development, housing, the building industry, planning, sustainable development, human service
needs, or real estate finance.
G. Participating entities agree to enter into the MOU with the understanding that funds will be provided
based on the recommendations of the Program Oversight Committee, and to enter into grant
agreements with funding recipients in a timely fashion. However, notwithstanding the above, each
participating entity shall have the right to decline use of its own funds for an application
recommended for approval by the Program Oversight Committee that does not, at its sole discretion,
match its housing initiative priorities. In recognition that City residents pay property taxes to the
County, the County agrees not to decline an application for funding solely because the housing project
is located within the City, to the extent permitted by applicable laws and regulations governing use of
County funds paid toward the funding of the NOFA. The decision of the participating entity to decline
support of a project cannot be overruled by the Program Oversight Committee.
H. Each participating entity shall contribute funds in the amounts specified below to be used to capitalize
the Community Housing Development Fund. Each participating entity will have custody of and
manage its individual contributions, at its own expense.
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Table 1: Sources of Funds for the NOFA.
Term of MOU Tompkins County City of Ithaca Cornell
University Total
Year 1 $100,000 $100,000 $200,000 $400,000
Year 2 $100,000 $100,000 $200,000 $400,000
Year 3 $100,000 $100,000 $200,000 $400,000
Year 4 $100,000 $100,000 $200,000 $400,000
Year 5 $100,000 $100,000 $200,000 $400,000
Year 6 $100,000 $100,000 $200,000 $400,000
Total Contribution $600,000 $600,000 $1,200,000 $2,400,000
I. The COUNTY agrees to:
1. Contribute $600,000 ($100,000 annually per Table 1 during the term of the MOU) toward the
funding of the NOFA and any affordable housing related efforts approved by the participating
entities.
2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability
(NOFA).
3. Make such contribution on the condition that all disbursements of funding made from its
contributions are used on proposed housing projects or related efforts approved by the
participating entities, consistent with the municipal program requirements for the sources of
funding.
4. Participate on the Program Oversight Committee throughout the NOFA process.
5. Provide assistance from staff of the Tompkins County Planning Department to support the
administration of the Fund.
6. Provide assistance from staff of the Tompkins County Planning Department to support the
Program Oversight Committee and the Applications Review Committee.
7. Enter into agreements for disbursement of funds to approved recipients.
8. Track all funds contributed to the Community Housing Development Fund, invoice
participating entities for the funds awarded from their contributions to particular proposals,
and disburse the funding awards as appropriate for proposals awarded funding.
9. Account on a regular basis to the other participating entities for disbursement of funds from
the Community Housing Development Fund.
10. Determine a process by which the COUNTY will determine whether or not it grants approval
of using the Community Housing Development Fund to support additional affordable housing-
related activities suggested by the Program Oversight Committee. No COUNTY contributions
to the Fund will be used for these additional activities without COUNTY approval.
J. The CITY agrees to:
1. Contribute $600,000 ($100,000 annually per Table 1 during the term of the MOU) toward the
funding of the NOFA.
2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability
(NOFA).
3. Make such contribution on the condition that all disbursements of funding made from its
contributions are used on proposed housing projects or related efforts approved by the
participating entities, consistent with the municipal program requirements for the sources of
funding.
4. Participate on the Program Oversight Committee throughout the NOFA process.
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5. Enter into fiscal agreement(s) with the COUNTY and make funds available for disbursement
to approved recipients receiving support from the City’s contribution to the Fund.
6. Track City funds committed to the Community Housing Development Fund.
7. Determine a process by which the CITY will determine whether or not it grants approval of
using the Community Housing Development Fund to support additional affordable housing-
related activities suggested by the Program Oversight Committee. No CITY contributions to
the Fund will be used for these additional activities without CITY approval.
K. CORNELL agrees to:
1. Contribute $1,200,000 ($200,000 annually per Table 1 during the term of the MOU) toward
the funding of the NOFA.
2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability
(NOFA) consistent with Cornell University’s workforce development and housing goals.
3. Make such contribution on the condition all disbursements of funding made from its
contributions are used on proposed housing projects or related efforts approved by the
participating entities, consistent with Cornell University’s workforce development and housing
goals.
4. Participate on the Program Oversight Committee throughout the NOFA process.
5. Make funds available for disbursement to approved recipients receiving support from
Cornell’s contribution to the Fund.
6. Track Cornell funds committed to the Community Housing Development Fund.
7. Determine a process by which the Cornell will determine whether or not it grants approval of
using the Community Housing Development Fund to support additional affordable housing-
related activities suggested by the Program Oversight Committee. No CORNELL
contributions to the Fund will be used for these additional activities without CORNELL
approval.
L. Additional municipalities, major employers, charitable foundations, or private entities are encouraged
to contribute funding to the Community Housing Development Fund. It is the responsibility of the
Program Oversight Committee to oversee the contributions of additional entities. The Program
Oversight Committee may accept or reject contributions at its sole discretion. The Program Oversight
Committee will at its sole discretion determine how funds from additional entities are to be disbursed.
In the event an additional municipality, major employer or charitable foundation who commits to
contribute funding also seeks representation on the Program Oversight Committee, such
representation shall be permitted as follows:
1. A contribution of $50,000 or more to the Community Housing Development Fund by an
interested municipality, major employer or charitable foundation will make it eligible to
appoint one associate member to the Program Oversight Committee for the program year in
which the contribution is made. Associate members will have voting privileges but will not be
counted towards quorum.
2. The contributors will agree to disburse funding awards for proposal(s) receiving funding as
directed by the Program Oversight Committee.
M. Funds not expended in one year by any of the participating entities will be rolled over to the following
year and will be available in addition to the participating entity’s annual contribution.
N. This MOU shall be effective upon execution by all the participating entities and shall have a term of
six-years or until such time as funds encumbered by each of the participating entities for the
Community Housing Development Fund are committed and fully expended, whichever is later.
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O. Each participating entity may terminate this MOU for any reason upon thirty (30) days written notice
to the other participating entities. Upon termination, the terminating entity shall honor the funding
obligations from any agreements made by it with funding recipients prior to the date of termination.
Any contributions committed to the Community Housing Development Fund by the terminating entity
for the year within which the written notice of termination was issued will remain available for use on
Community Housing Development Fund projects.
P. Modification: This Memorandum of Understanding may be modified at any time by mutual
agreement of all three signatories.
Q. The Program Oversight Committee will review the Notice of Funding Availability, Program
Oversight Committee bylaws, and the Memorandum of Understanding as needed. When the POC has
discussed a particular programmatic change, final approval of language can be obtained by email with
all committee members. If an objection is raised by any voting member within 10 business days, said
change must be brought to the next Program Oversight Committee meeting for a final decision.
Should no objections be raised within 10 business days, the change will take effect.
R. To the extent permitted by law, each participating entity hereby agrees to indemnify, hold harmless
and defend the other participating entities and their respective officers, employees, agents and elected
officials from and against any and all claims and actions brought against the other participating
entities and their respective officers, employees, agents or elected officials, for injury or death to any
person or persons, or for damage to property, arising out of the performance of this Memorandum of
Understanding by the participating entity, its employees, subcontractors, or agents.
S. Participating entities will not discriminate against any employee, applicant for employment, sub-
contractor, supplier of materials or services, or program participant because of actual or perceived:
age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status,
marital status, national origin, race, religion, sexual orientation, socio-economic status, or weight.
T. The Program Oversight Committee shall adopt, by agreement of at least seven committee members,
bylaws that minimally define a quorum as 6 members including at least 2 voting members from each
participating entity, and specify the minimum number of votes required to take action. Amendments
to the bylaws shall require agreement of at least seven duly appointed committee members.
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Tompkins County
Name: _________________________________________
Title: __________________________________________
Signature: ______________________________________
Date: __________________________________________
City of Ithaca
Name: _________________________________________
Title: __________________________________________
Signature: ______________________________________
Date: __________________________________________
Cornell University
Name: _________________________________________
Title: __________________________________________
Signature: ______________________________________
Date: __________________________________________
10.2 Mayor - Approval of a New Bus Service in the City - Resolution
WHEREAS, Section 346-31 of the City Code states that no bus shall operate, stop on or
stand on any City street, nor shall such bus pick up or discharge passengers on any
such City street or curb, or any other public property, or at or within 200 feet of any City
bus stop in the corporate limits of the City of Ithaca, unless a permit is obtained therefor
from the Common Council or its designee; and
WHEREAS, the Department of Public Works has received an application from Big Red
Bullet, LLC to operate a transit service between Ithaca and New York City, including
stops in the City; and
WHEREAS, Tompkins Consolidated Area Transit (TCAT) has expressed concerns
about the two proposed bus stops, namely in front of the Performing Arts Center and
the East Seneca Street bus stop; and
WHEREAS, TCAT and staff have recommended use of the south curbline of East
Green Street, immediately east of the pedestrian signal, staff has discussed the option
with the representative of Big Red Bullet, who is in agreement with this location; and
WHEREAS, the applicant and staff have not yet found an acceptable alternate location
in Collegetown, but are both willing to continue working on a possible location; now,
therefore be it
RESOLVED, That Common Council approves of the use of the East Green Street
location and the related proposed City streets; and, be it further
RESOLVED, That Common Council delegates the authority to approve a second
location for passenger pick up and discharge to the Board of Public Works, should the
applicant and staff find an acceptable alternate location in Collegetown, after
consultation with TCAT.