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HomeMy WebLinkAbout11-07-18 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, November 7, 2018, 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 Public Hearing on the Mayor’s Proposed 2019 City of Ithaca Budget 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Report of Municipal Officials 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Storage System “Behind the Meter” (BTM) Agreement Between NYSEG and Ithaca Area Wastewater Treatment Plant - Resolution 8.2 A Resolution Authorizing Implementation, Funding, and Appropriating Funds in the First Instance 100% of the Federal Aid-Eligible Costs and State “Marchiselli” Program-Aid Eligible Costs, of a Transportation Federal-Aid Project (“Local Pedestrian Safety Action Plan) 8.3 An Ordinance to Authorize Execution of Permanent Easement for 606 Madison Street 8.4 Authorization for Disbursement from Active Firemen’s Relief Fund - Resolution 8.5 Approval for Distribution of Funds in Excess of $90,000 from the Active Firemen’s Relief Fund - Resolution 9. CITY ADMINISTRATION COMMITTEE: 9.1 Establishment of a Permit Fee for Intercity Buses - Resolution 9.2 Adoption of 2019 Budget – Resolution 9.3 Adoption of 2019 Tax Rate – Resolution 9.4 Adoption of 2019 Ithaca Area Wastewater Treatment Plant Budget - Resolution 9.5 A Local Law entitled “Confirmation of the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2019” 9.6 Adjustment of the Managerial Compensation Plan - Resolution 9.7 City Controller’s Report Common Council Meeting Agenda November 7, 2018 Page 2 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Allocation of New York State Administered Community Development Block Grant (CDBG) Program Income - Resolution 10.2 Housing and Urban Development (HUD) Entitlement Program, 2018 Action Plan - Program Amendment #2, Ithaca Neighborhood Housing Services (INHS) Scattered Site 2 (project #7) - Resolution 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 October 3, 2018 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. Out of consideration for the health of other individuals, please refrain from using perfume/cologne and other scented personal care products at City of Ithaca meetings. Thank you for your cooperation and understanding. ______________________________ Julie Conley Holcomb, CMC City Clerk Date: November 2, 2018 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Storage System “Behind the Meter” (BTM) Agreement Between NYSEG and Ithaca Area Wastewater Treatment Plant - Resolution WHEREAS, New York State Gas and Electric (NYSEG) is sponsoring a Behind the Meter (BTM) Battery Storage System Demonstration Program through May 1, 2021; and WHEREAS, NYSEG is seeking to conduct this demonstration program at various Commercial and Industrial sites meeting specific power usage and site location requirements in NYSEG’s “Energy Smart Community”; and WHEREAS, eligible Customers who participate in the program will help NYSEG test new ways to make the electric grid more flexible and to include more renewable energy sources into the existing system; and WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) was determined to be an eligible Customer after a preliminary review which included an inspection of the premises and a review of historical electricity usage data by NYSEG; and WHEREAS, NYSEG desires to enter into an agreement with the IAWWTF for a BTM program; and WHEREAS, the conditions of the agreement provide a no cost to Customer BTM on the premises; and WHEREAS, the agreement provides the IAWWTF with guaranteed electricity bill savings, increased control over energy usage, and increased sustainability; and WHEREAS, the agreement projects a net electrical savings to the IAWWTF of $459.56 per month with a guaranteed net savings of at least 7%; and WHEREAS, after a two year trial period, the IAWWTF will have the opportunity to purchase the battery from NYSEG, renewing the subscription agreement, or discontinuing the participation in the program; and WHEREAS, the Special Joint Subcommittee (SJC) recommended the approval of said contract at its regular meeting of September 19, 2018; now, therefore be it RESOLVED, That Common Council authorizes a no cost BTM Demonstration Agreement between the IAWWTF and NYSEG; and, be it further RESOLVED, That the terms of the agreement will be from the Effective Date of signature through May 1, 2021. BEHIND THE METER BATTERY STORAGE SYSTEM (BTM) DEMONSTRATION PROGRAM PRELIMINARY AGREEMENT This BTM Demonstration Program Preliminary Agreement (“Preliminary Agreement”) made and entered into as of ___________ (the “Effective Date”) by and between New York State Electric and Gas Corporation (“NYSEG”) and the following customer (“Customer”) (collectively, “the Parties”): Name of Customer Address_________________________________________ Address of Battery Installation __________________________ City and State City and State ________________________________ NYSEG Account Number ___________________________________ NYSEG Meter Number______________________________ 1. Subject. Subject to the terms and conditions contained in this Preliminary Agreement, Customer agrees to provide NYSEG or its approved contractor with information and access to the location set forth above (the “Premises”) for the purpose of assessing Customer’s eligibility to participate in NYSEG’s BTM Demonstration Program (hereafter the “Demonstration Program”). If NYSEG determines the Customer is eligible to participate, and Customer agrees to enroll in the Demonstration Program, NYSEG shall supply the Customer with a Battery Storage System and associated components (hereafter, such Battery, its components and any and all replacements of the foregoing are together referred to as the “BSS”). NYSEG or its approved contractor(s) shall install the BSS at the Premises at no cost to the Customer. 2. Scope of the Preliminary Agreement and the Customer Agreement. By signing this Preliminary Agreement, the Customer agrees to provide NYSEG or its approved contractor with information regarding the Customer’s historic electricity usage and reasonable access to the Premises during regular business hours and at a mutually agreeable time for the purpose of assessing, among other things, construction feasibility and potential Customer savings and fees expected to result from the Customer’s participation in the Demonstration Program (“Project Assessment”). If, after conducting the Project Assessment, NYSEG determines the Customer is eligible to enroll in the Demonstration Project, NYSEG shall present the relevant results of the Project Assessment, including the Customer ’s estimated monthly savings and fees, in a form identical or closely similar to the Customer Agreement, a template of which attached hereto as Exhibit “1”. The Customer Agreement incorporates by reference all terms and conditions contained in the Prelimi nary Agreement. The Preliminary Agreement and the Customer Agreement, mutually signed and executed by the Parties, will hereafter be referred as “the Agreements.” Neither Party shall be bound to proceed with the installation of the BSS at the Premises, or to otherwise participate with the other in the Demonstration Program, unless and until both Parties have executed this Preliminary Agreement and a version of the Customer Agreement, or a closely similar document, setting forth the Customer’s estimated monthly savings and fees expected to result from the Customer’s participation in the Demonstration Program. Notwithstanding the terms set forth herein, the Customer’s enrollment and participation in the Demonstration Program, pursuant to the terms of the Agreements, is subject to the approval of the New York State Public Service Commission (“PSC”). 3. Installation. NYSEG or its approved contractor shall install the BSS at the Premises at no cost to the Customer. Such installation shall include all necessary electrical fencing, wiring and other setup work deemed necessary by NYSEG or its approved contractor to operate the BSS for the purpose of the Demonstration Program. The Customer acknowledges and agrees that any cost to install the BSS that is not provided for in the attached Customer Agreement, shall be the sole responsibility of the Customer (i.e. landscaping). Following installation of the BSS at the Premises, and unless otherwise agreed to by NYSEG, the Customer shall bear all responsibility and cost for removing the conduit therefrom. Unless otherwise agreed, NYSEG will abandon the conduit in place and restore the affected property to original grade, if applicable . NYSEG shall install the BSS and conduit wiring associated with the BSS on the Premises in accordance with all local, state and federal guidelines and in compliance with NFPA 70 - National Electric Code. 4. Term. The terms of the Agreements shall commence on their respective Effective Dates and continue until May 1, 2021 (the “Terms”). No less than thirty (30) days before May 1, 2021, Customer shall notify NYSEG either of its intent to keep the BSS at the Premises under a new contractual arrangement, or that Customer wishes to have the BSS removed from the Premises. NYSEG shall maintain the discretion to refuse to enter into a new contractual arrangement with the Customer . If there is no new contractual arrangement, NYSEG will remove the BSS from the Premises at no cost to Customer, upon advance notice and at a mutually agreeable time. NYSEG shall restore the Premises to at least as good a condition as they were in prior to BSS installation. If Customer has failed to give NYSEG notice of its intention with respect to the BSS within thirty (30) days before May 1, 2021, NYSEG reserves the right to (i) automatically re-enroll the Customer in an energy project on similar terms as set forth in the Agreements; or (ii) enter the Premises and remove the BSS at a commercially reasonable and mutually agreeable time. In order to re-enroll the Customer in a new term, NYSEG shall provide Customer with notice of this thirty (30) day deadline at least fifteen (15) and not more than thirty (30) days before the deadline. Savings will only be guaranteed during the initial Term of the Customer Agreement. 5. Termination. The Agreements may be terminated by NYSEG: (i) upon a breach by Customer of any other condition of the Agreements to be performed or observed by the Customer, which breach is not cured within ten (10) days of NYSEG’s written notice to Customer of the same; (ii) upon the completion of the Demonstration Program, at least thirty (30) days prior written notice of which shall be provided by NYSEG to Customer; or (iii) immediately upon Customer’s notification to NYSEG of a sale or transfer of the Premises in accordance with Section 10 hereof. The Agreements may be terminated by Customer: (i) upon a breach by NYSEG of any condition of the Agreements to be performed or observed by NYSEG, which breach is not cured within ten (10) days of Cus tomer’s written notice to NYSEG of the same; or (ii) upon completion of the Demonstration Program, with notice from Customer to NYSEG as provided in this agreement . In addition, Customer may terminate the Agreements without cause upon thirty (30) days pri or written notice provided by Customer to NYSEG. Upon termination of the Agreements as set forth herein, Customer shall provide NYSEG with reasonable access to the Premises during regular business hours at a mutually agreeable time so that NYSEG may take possession of, disconnect and remove the BSS. Customer surrenders any claim or right of action for trespass caused by reason of such entry, disconnection and removal. In the event the Customer elects to terminate the Agreements without cause before May 1, 2021 and have the BSS removed from the Premises or otherwise discontinue participation in the Demonstration Program, Customer shall be subject to an early termination charge, as set forth in the Customer Agreement. Termination by NYSEG pursuant to this Section shall not constitute a release of Customer from responsibility to pay for damage to the BSS caused by the negligence, recklessness or intentional wrongful acts of Customer or those under its control, nor will it prejudice NYSEG from pursuing any other remedies to which it otherwise might be entitled on account of breach by Customer of the Agreements. Customer shall be liable for all reasonable legal fees and costs incurred by NYSEG in the enforcement of its rights hereunder. 6. Ownership and Operation. The BSS shall at all times be the sole and exclusive property of NYSEG during the Term. Customer shall have no property interest in the BSS during the Term in accordance with the terms of the Agreements. The BSS shall only be operated in accordance with applicable manufacturer’s manual of instructions (the “Instructions”). Without limiting the Customer’s other obligations under the Agreements, Customer specifically acknowledges and agrees that: • Customer shall not operate the BSS for other uses than the purpose of the Demonstration Program during the Term, unless in an emergency or otherwise agreed to in writing by the Parties; • Customer shall not remove, relocate, tamper with, adjust, make alterations to, or repair the BSS without prior notice to NYSEG; • Customer shall not damage the BSS or remove or deface the nameplate identifying the BSS as the property of NYSEG; • Customer shall provide NYSEG or its approved contractor with reasonable access during regular business hours and at a mutually agreeable time to the BSS or any area of the Premises necessary for NYSEG or its approved contractor to read the meter, inspect, repair, maintain or disconnect or remove the BSS, to measure electricity usage by the BSS, or to otherwise enforce its rights under the Agreements; • NYSEG does not sell lists of its customers, their mail or electronic addresses, or any information that would identify a specific customer. NYSEG will not share such information except as may be required by regulatory or law-enforcement agencies, or as necessary to obtain assistance or direct referrals for customers eligible for special programs such as low - income assistance or energy-efficiency improvements. Customer hereby acknowledges and agrees that any use of the BSS other than as permitted herein or in contravention of the terms and conditions of use as set forth herein constitutes a misuse of the BSS and a breach of the Agreements. 7. Repairs. Customer shall provide timely notice to NYSEG in the event that Customer becomes aware the BSS requires any repairs, and NYSEG or its approved representative shall, at its cost and expense, make such required repairs, to the extent repair is necessary; provided, however, that repair costs resulting from Customer’s misuse of the BSS shall be Customer’s sole and exclusive responsibility. Notwithstanding the foregoing, NYSEG shall have no obligation whatsoever with respect to maintenance and repair of the wiring and conduit installed or connected to the BSS by the Customer or a third-party without NYSEG’s express authorization; maintenance and repair of such wiring shall be Customer’s sole and exclusive responsibility. 8. Fees & Savings. Except as provided in the Customer Agreement, attached hereto, the Customer shall be exempted from NYSEG’s standard installation and equipment fees with respect to the BSS during the Term. Following NYSEG’s completion of the Project Assessment, NYSEG will present an updated version of the attached Customer Agreement detailing the Customer’s estimated fees and savings resulting from its participation in the Demonstration Program. 8(a). Subscription Fees – Customer will be charged a Subscription Fee on its monthly bill in connection with its participation in the Demonstration Program. As detailed in the attached Customer Agreement, this monthly Subscription Fee will be more than offset by the decrease in the Customer’s monthly “demand charge” as a direct result of the Customer’s use of the BSS. NYSEG guarantees that the Customer’s monthly demand charge savings will exceed the Customer’s monthly Subscription Fee. 8(b). Utility Bills – As part of the Customer’s enrollment in the Demonstration Program, NYSEG guarantees the Customer will benefit from lower monthly demand charges. Such guarantee is expressly conditioned on the Customer providing NYSEG with (30) day written notice whenever the Customer plans on reducing or increasing its electric load by more than 10% of its maximum demand, which is __________________. Customers will be given access to a web portal enabling the Customer to compare its monthly demand charge savings from the Demonstration Program with what the Customer’s bill would have been had the BSS not been installed. 9. Liability for Damage. Subject to Section 6, Customer shall be liable for all damage to the BSS caused by Customer’s negligence, recklessness or intentional wrongful acts, including but not limited to all damage and injury resulting from Customer’s misuse of the BSS, during the term of this Agreement and while it is on the Premises, and shall pay to NYSEG the reasonable value of the BSS or any part thereof that has been so damaged, ordinary wear and tear excepted, within thirty (30) days after NYSEG’s written demand therefor. 10. Indemnification. Each Party shall defend, indemnify and hold the other, and its respective officers, directors, elected officials, employees, agents, affiliates and representatives, harmless from and against all claims, losses, damages and expenses, including reasonable attorneys ’ fees, to the extent such claims, losses, damages or expenses (i) are caused by the Party’s own negligent acts, errors or omissions or (ii) arise out of the Party’s own breach or non-performance of this Agreement. In the event claims, losses, damages or expenses are caused by the joint or concurrent negligence of the parties, they shall be borne by each party in proportion to such party's negligence. 11. Notices. Any notices required to be in writing under this Agreement shall be delivered personally, by ma il postage prepaid or by overnight courier to the addresses of the parties set forth herein. Any notice so given shall be deemed given on the date delivered. In addition to the foregoing, Customer agrees to notify NYSEG in writing at least thirty (30) days prior to any sale or transfer of the Premises and to notify any prospective purchaser or tenant of the Premises that NYSEG shall retain title to the BSS. 12. Miscellaneous. The terms of the Preliminary and Customer Agreements embodies the entire agreements and conditions relating to the subject matter hereof. The Agreements may only be amended or modified by an instrument in writing duly executed by the parties hereto. The Agreements shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws principles. The waiver by NYSEG or Customer of a breach or provision of the Agreements shall not operate or be construed as a waiver of any subsequent breach by any of the parties hereto. The Agreements shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. Customer unders tands that the Customer’s electric service is provided under NYSEG’s Terms and Conditions. NYSEG’s Terms and Conditions may be amended from time to time by the PSC, and such amendments will become applicable to the Agreements on the effective date of the amendments. In addition to the foregoing, this Agreement and the Demonstration Program are subject to any and all decisions, orders, rulings, directives or determinations made by the PSC as the PSC may issue from time to time (including but not limited to modifications to or termination of this Agreement and/or the Demonstration Program). NOTICE TO CUSTOMER: THIS IS A DEMONSTRATION PROGRAM. YOU ARE NOT BUYING THE BSS PURSUANT TO THIS AGREEMENT. DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT. YOU ARE ENTITLED TO A COMPLETE COPY OF THIS AGREEMENT WHEN YOU SIGN IT. CUSTOMER New York State Electric and Gas Corporation Customer’s Signature NYSEG Representative I have read and understand the terms and conditions of this BTM Battery Storage Demonstration Program Preliminary Agreement. I hereby consent to the use of my historic electricity usage and shall grant NYSEG access to the Premises as described in this Agreement for the purpose of determining my eligibility to participate in the Demonstration Program . I understand that NYSEG maintains sole discretion to determine eligibility for the Demonstration Program based on the results of the Project Assessment, described above. _______________________________________________ Owner’s Signature 8.2 A Resolution Authorizing Implementation, Funding, and Appropriating Funds in the First Instance 100% of the Federal Aid-Eligible Costs and State “Marchiselli” Program-Aid Eligible Costs, of a Transportation Federal-Aid Project (“Local Pedestrian Safety Action Plan) WHEREAS, a Project for the Pedestrian Safety Action Plan, P.I.N. 375650 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 100% Federal funds and 0% non-federal funds; and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Preliminary Engineering/Design; Right-of Way Incidentals and Acquisition, Construction and Construction Inspection; and WHEREAS, preliminary engineering and design are exempt from further environmental review as Type II actions and the remainder of the project will be subject to environmental review; now, therefore be it RESOLVED, That the Common Council hereby approves the above-subject project, subject to further environmental review of construction; and, be it further RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering/Design, Right of Way Incidentals and Acquisition and Construction/Construction Inspection work for the Project or portions thereof; and, be it further RESOLVED, That the sum of $590,000 is hereby appropriated from the issuance of serial bonds and made available to cover the cost of participation in the above phase of the Project; and, be it further RESOLVED, That Common Council hereby creates Capital Project # 852, NYSDOT Local Pedestrian Safety Action Plan, to include the Project costs of $590,000; and, be it further RESOLVED, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof; and, be it further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, and the Superintendent of Public Works is hereby authorized to execute all necessary certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible; and, be it further RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to the City of Ithaca will be roughly 0% of said portion, currently estimated at $0 of the $590,000 authorized for this portion of the project, in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City Controller; and, be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and, be it further RESOLVED, That this resolution shall take effect immediately. CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 OFFICE OF THE CITY ENGINEER Telephone: 607/274-6530 Fax: 607/274-6587 To: Ithaca City Common Council From: Eric Hathaway, PE, Transportation Engineer Date: October 4, 2018 Re: Pedestrian Safety Action Plan Grant Through a competitive application process, the City has received a grant for $590,000 for pedestrian safety improvements. There is no local match required for these funds; however, the City will be required to pay 100 percent in the first instance. Due to the types of improvements eligible for this type of funding, the scope of work will primarily focus on pedestrian related traffic signals improvements such as retiming, installation of push buttons and Accessible Pedestrian Signals. The likely schedule will be to accomplish engineering and design in 2019 and 2020 and construction in 2020 and 2021. This project is an excellent opportunity to enhance safety, especially in the downtown core. Thank you for your consideration. 8.3 An Ordinance to Authorize Execution of Permanent Easement for 606 Madison Street WHEREAS, Russell Maines, as representative for the owner of 606 Madison Street in the City of Ithaca (Tax Map Parcel No. 44.-9-14, Sara Cacciotti Komaromi owner of record) hereinafter referred to as “Applicant”, has requested a permanent easement from the City into the adjacent Cascadilla Street right-of-way; and WHEREAS, Applicant requests an easement to permit the following encroachment by the primary structure into the City’s right of way: An encroachment comprising of 4.125 square feet extending into the right of way for Cascadilla Street, as more specifically shown in the survey map entitled “Survey Map No. 606 Madison Street, City of Ithaca, Tompkins County, New York” prepared by Lee Dresser of T.G. Miller PC on August 9, 2018, and which is hereby incorporated as Exhibit A ; and WHEREAS, City Code Section 170-5 vests Common Council with the authority to convey a permanent easement across City property; and WHEREAS, in consideration for the permanent easement, the applicant has agreed to pay $2,600; and WHEREAS, on October 16, 2018, the Board of Public Works declared the easement area surplus property for municipal purposes and recommended Council’s authorization of the easement request; and WHEREAS, the City Charter requires approval by three-fourths of the Common Council to authorize divestment of real property; and WHEREAS, the City Charter further requires notice of a proposed sale to be published no less than once each week for three weeks, the first such notice being published no less than 30 days prior to the approval vote, and such notices have been published; now, therefore ORDINANCE __ -2018 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent and Purpose. The Common Council makes the following findings of fact: A. The above-described easement area is surplus for municipal purposes. B. The above consideration is adequate for execution of this permanent easement. Section 2. Approval and Execution of Deed. The Common Council authorizes and directs the Mayor, on the advice of the City Attorney, to execute documents as needed to convey the above-described easement. Section 3. Effective Date. This ordinance shall take effect upon publication. 8.4 Authorization for Disbursement from Active Firemen’s Relief Fund - Resolution WHEREAS, Section C-94 of the City Charter establishes the Active Firemen’s Relief Fund, from which disbursements of “temporary relief and benefits only, as the Common Council shall determine” may be issued to “sick, indigent or disabled firefighters”; and WHEREAS, such monies annually deposited into that Fund that are not disbursed in the form of “temporary relief and benefits” are distributed annually to the City’s volunteer fire company; and WHEREAS, no disbursements in the form of “temporary relief and benefits” have been made from that Fund in many years; and WHEREAS, Lyman Baker has served the City of Ithaca as an active fire fighter beginning in 1961; and WHEREAS, Lyman Baker recently served in the capacity of volunteer Fire Police, though he is no longer an active volunteer; and WHEREAS, Mr. Baker has applied for a disbursement from that Fund; now, therefore be it RESOLVED, That the City Controller is authorized to disburse from the Active Firemen’s Relief Fund to Lyman Baker an amount not to exceed $4,140. 8.5 Approval for Distribution of Funds in Excess of $90,000 from the Active Firemen’s Relief Fund - Resolution WHEREAS, §C-94 of the City Charter authorizes the Common Council “to b e trustees of all moneys now constituting the Active Firemen’s Relief Fund, together with ½ of all moneys that may hereafter be received by the City of Ithaca as a Fire Department tax on premiums on policies of foreign and alien fire insurance companies pursuant to §9104 and §9105 of the Insurance Law”; and WHEREAS, §-94 of the City Charter grans Common Council authority “to distribute such Fire Department tax moneys so received equally among each of the volunteer fire companies of the City for the use and benefit of the Ithaca Fire Department and the company or companies comprising the same so long as the balance of said relief fund shall be at least the sum of $90,000”; and WHEREAS, there is $23,176.38 [$27,316.38 minus any amount paid to Lyman Baker fo rm the Active Firemen’s Relief Fund] surplus over the required $90,000 balance in the active Firemen’s Relief Fund; now, therefore be it RESOLVED, That the Common Council authorizes the City Chamberlain to distribute the amount of $23,176.38 from the Active Firemen’s Relief Fund surplus to Neriton Volunteer Fire Company #9. 9. CITY ADMINISTRATION COMMITTEE: 9.1 Establishment of a Permit Fee for Intercity Buses - Resolution WHEREAS, Section 346-31 of the City Code, entitled “Buses”, vests the Common Council with sole discretion to issue bus permits for any entity operating “upon, stop[ping] on or stand[ing] on any City street in the corporate limits of the City of Ithaca, … pick[ing] up or discharg[ing] 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 said corporate limits of the City of Ithaca…”; and WHEREAS, Chapter 170, “Use of City Real Property”, authorizes the City to establish permit fees for use of City property; and WHEREAS, in September 2018, in response to the closure of the West End bus depot, Common Council authorized use of Green Street by intercity bus operations to continue bus service to and from Ithaca, with such use commencing on October 1, 2018; and WHEREAS, Common Council is interested in establishing a bus permit fee based on a fair rental value for use of Green Street; now, therefore be it RESOLVED, That in accordance with Section 346-31 and Chapter 170 of the City Code, the Common Council hereby establishes an Intercity Bus Permit fee of $15 per arrival/departure from Green Street for occupancy of the right-of-way for the purposes of operating an intercity bus from Green Street; and, be it further RESOLVED, That the above-established fee shall be multiplied by the number of scheduled trips for each Intercity Bus Permittee as submitted to the Transportation Engineer for a one-year period, running through the permit term of April 1 through March 31, and shall be paid prior to the commencement of each annual permit term; and, be it further RESOLVED, The Intercity Bus Permit shall be memorialized in a permit agreement, and the Superintendent, upon the advice of the City Attorney, is authorized to issue a revocable permit for use by each Permittee containing standard terms and conditions with regard to waiver of liability, indemnification of the City, and other pertinent matters; and, be it further RESOLVED, That the Common Council hereby authorizes the Board of Public Works to modify the above-established Intercity Bus Permit fee from time to time, but retains the sole legislative discretion as to issuance of bus permits; and, be it further RESOLVED, That upon City approval, all permittees shall be notified of the applicable fee, and have the opportunity to immediately terminate the Intercity Bus Permit for no cost or remit the applicable fee as calculated from October 1, 2018; and, be it further RESOLVED, Common Council hereby revokes any bus permits authorized under Section 346-31 for intercity bus use of Green Street issued prior to September 5, 2018. 9.2 Adoption of 2019 Budget – Resolution WHEREAS, this Common Council is now considering adoption of the Amended Executive Budget for 2019 at its November 7, 2018 meeting, as approved by the Committee of the Whole; and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues, as set forth in said Amended Executive Budget for 2019, and as those amounts may be altered by action of this Common Council at its November 7, 2018 meeting, are adequate for the operation of the City during 2019; now, therefore be it RESOLVED, That this Common Council accepts and approves said Amended Executive Budget for 2019, together with any additional changes made in said budget at Council's November 7, 2018 meeting as the City of Ithaca Budget for 2019, in the total amount of $76,414,721; and; be it further RESOLVED, That the following sections of the 2019 Budget be approved: A) General Fund Appropriations B) Water Fund Appropriations C) Sewer Fund Appropriations D) Solid Waste Fund Appropriations E) Sidewalk Special District Fund Appropriations F) Stormwater Drainage Special District Fund Appropriations G) General Fund Revenues H) Water Fund Revenues I) Sewer Fund Revenues J) Solid Waste Fund Revenues K) Sidewalk Special District Fund Revenue L) Stormwater Drainage Special District Fund Revenue M) Debt Retirement Schedule N) Capital Projects O) Schedule of Salaries and Positions - General Fund P) Schedule of Salaries and Positions - Water & Sewer Fund Q) Schedule of Salaries and Positions - Sidewalk Special District Fund R) Schedule of Salaries and Positions - Solid Waste Fund S) Schedule of Salaries and Positions – Stormwater Drainage Special District Fund T) Authorized Equipment - General Fund U) Authorized Equipment - Water Fund V) Authorized Equipment - Sewer Fund W) Authorized Equipment - Solid Waste Fund X) Authorized Equipment - Sidewalk Special District Fund Balance Y) Authorized Equipment - Stormwater Drainage Special District Fund 9.3 Adoption of 2019 Tax Rate – Resolution WHEREAS, the 2019 City of Ithaca Budget was approved, adopted, and confirmed in the total amount of $76,414,721 on November 7, 2018, in accordance with a detailed Budget on file in the Office of the City Controller; and WHEREAS, available and estimated revenues total $52,783,108 leaving $23,631,613 as the amount to be raised by taxation; and WHEREAS, the Assessment Roll for 2019 certified and filed by the Assessment Department of Tompkins County, has been footed and approved and shows the total net taxable valuation as $2,037,208,050; and WHEREAS, under Charter provisions, the tax limit for City purposes amounts to $36,509,917 for 2019; now, therefore, be it RESOLVED, That the tax rate for general purposes, for the fiscal year 2019, be, and the same hereby is, established and fixed at $11.60 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 2019 Tax Roll, thereby making a total tax levy, as near as may be, of $23,631,613; and, be it further RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied upon and against the respective properties as shown on said City Tax Roll, in accordance with their respective net taxable valuation, at the rate of $11.60 per $1,000 of such taxable valuation; and be it further RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and apportion the City Tax as above, and that upon the completion of the extension of said Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign and affix the corporate seal to such warrant and forthwith to file the same with said Tax Roll with the City Chamberlain; and, be it further RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the City Chamberlain, the amounts of the City Tax set opposite each and every property shall hereby become liens, due, payable and collectible in accordance with provisions of the City Charter and other laws applicable thereto; and, be it further RESOLVED, That the total sum of $76,414,721 be appropriated in accordance with the adopted Budget to the respective Boards, Offices, and Departments of the City, for the purposes respectively set forth therein. The 2019 Assessment Roll has been completed and approved by the Assessment Department of Tompkins County and resulted in the following valuation: Total Value of Real Property $ 4,618,915,871 Less: Value of Exempt Property $ 2,613,782,000 $ 2,005,133,871 Plus: Value of Special Franchises $ 32,074,179 Net Value of Taxable Property $ 2,037,208,050 9.4 Adoption of 2019 Ithaca Area Wastewater Treatment Plant Budget - Resolution WHEREAS, this Common Council is now considering adoption of the Amended Joint Activity Fund Budget for 2019, as approved by the Committee of the Whole; and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues, as set forth in said Amended Joint Activity Fund Budget for 2019, and as those amounts may be altered by action of the Common Council at its November 7, 2018 meeting, are adequate for the operation of the Ithaca Area Wastewater Treatment Plant during 2019; now, therefore be it RESOLVED, That this Common Council accepts and approves said Amended Joint Activity Fund Budget for 2019, together with any additional changes made in said budget at Council’s November 7, 2018 meeting, as the Ithaca Area Wastewater Treatment Plant Joint Activity Fund Budget for 2019, in the total amount of $4,398,740; and, be it further RESOLVED, That the following sections of the 2019 Ithaca Area Wastewater Treatment Plant Joint Activity Fund Budget be approved: A) Joint Activity Fund Appropriations B) Joint Activity Fund Revenues C) Schedule of Salaries and Positions – Joint Activity Fund D) Authorized Equipment – Joint Activity Fund 9.5 A Local Law entitled “Confirmation of the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2019” LOCAL LAW No. 2018- NOW, THEREFORE BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose. Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements. The Common Council has reviewed the assessments, budget, and schedule of work recommended by the Board of Public Works for Fiscal Year 2019, and makes the following findings of fact: A. The public hearing prior to confirmation required by Section C-73 has been held, and all owners of property subject to a SID assessment appearing to speak before Council have had an opportunity to do so. B. The attached schedule of work, as recommended by BPW and previously subject to review by Council, constitutes a set of local improvements, the cost of which should be assessed against the properties located in the SID in which the work is to be performed. C. The attached budget, and the related assessments reflected on the assessment roll kept on file with the City Clerk, are necessary to defray the cost of construction and maintenance of sidewalk in the City, and Council has made a legislative judgment that each property in each SID is being assessed in proportion to the benefit received by that property from the sidewalk construction and repair contained in the schedule of work. Section 2. Confirmation of the Assessments, Schedule of Work, and Budget. The Common Council approves and confirms the assessment roll, a copy of which is maintained in the City Clerk’s office, and the budget and schedule of work attached hereto, and imposes a lien upon each property so assessed as set forth in the assessment roll. In the event there are additional funds available following completion of the schedule of work, or changes to the work plan are required for financial, engineering, or other reasons, the Superintendent of Public Works or his or her designee may alter the schedule of work in his or her discretion, as instructed by the Board of Public Works from time to time; provided, however, that if such actions affect ten percent or more of any Sidewalk Improvement District’s annual levy, such actions must be approved by resolution of the Board of Public Works. Section 3. Severability Clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Local Law. Section 4. Effective and Operative Date. This Local Law shall be effective immediately after filing in the office of the Secretary of State. CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-5690 Office of City Engineer Telephone: 607 / 274-6530 Fax: 607 / 274-6415 TO: City Administration FROM: Johnathan Licitra, Sidewalk Program Manager DATE: 8/30/2018 RE: 2019 Sidewalk Improvement District Work Plan and Budget Attached for your review are the 2019 Sidewalk Improvement District (SID) work plans, assessment roles, and budget. A link to the 2019 assessment role is also provided here, as the document is too large to attach (http://www.cityofithaca.org/219/Sidewalk-Policy). At your September 19th meeting, I will request your approval to file a schedule of work, assessment roles, and budget with Common Council. These materials have been approved by the Board of Public works at their July 10th, 2018 meeting. A public hearing on the budget, assessment roles, schedule of work, and local law can occur on the October 3, 2018 Common Council meeting. The 2019 Work Plan budget was created based on the aforementioned assessment role and reflects all credits for past work that were received before the May 1, 2018 application deadline. The costs for each sidewalk project are estimates based on anticipated quantities of work, as well as unit prices from past sidewalk contracts. Final quantities of work performed will be dictated by bid prices received and field conditions, which could increase or decrease the amount of work completed in the 2018 work plan. It is possible that issues unknown at this time might arise that will prevent some of these construction projects from moving forward during the 2019 construction season. Conflicts with other construction projects might necessitate cancelation or postponement of planned sidewalk work. Ongoing design efforts might identify construction barriers that will impact costs or make some projects technically infeasible. To proactively address any of the above potential construction issues and cost uncertainty—a contingency list of construction and design projects are included at the bottom of each sidewalk district. These projects could replace locations in the work plan, if needed, or add to the project list if additional budget is available based on bid prices. For many of the district work plans, a Future Collaboration list exists. This secondary contingency list is intended to combine sidewalk design plans with City Street and/or Water/Sewer repair work. Additionally, this list can be used to pursue future grant applications for new sidewalk construction. "An Equal Opportunity Employer with a commitment to workforce diversification." Some specific project details: District 1: Due to rising bid costs, Linn St sidewalk repairs scheduled for 2018 have been pushed back to 2019. District 2: This district will seek SID capital financing for the $195,000 cost to complete the sidewalk along the Belle Sherman School. Residents and school crossing guards have noted an increase in kids crossing along the road shoulder at this location. District 3: The 400 block of Adams St on the south side is missing a short section of sidewalk that this plan looks to construct. District 4: Three hundred block of Wood St would get a new sidewalk along the south side and new ADA curb ramps at Fair St. The work is being coordinated with the City Forester to limit residents’ landscaping impacts. District 5: SID funding will cover 10% cost sharing with the Federal Aid Transportation Alternatives Program (TAP) Grant for the Hector Street Complete Street Project. A current City General Fund Capital Project request is being reviewed to cover the remaining 10% construction costs. Construction for this project will be scheduled in 2019/2020. Proposed 2019 Sidewalk Improvement Distric (SID) budgetsDistrict12345 TOTAL2019 SID Levy157,968$ 150,032$ 273,748$ 165,226$ 116,450$ 863,424$ Percentages18%17%32%19% 13% 100%Admin & Supplies19,527$ 18,546$ 33,839$ 20,424$ 14,395$ 106,731$ Insurance2,744$ 2,606$ 4,756$ 2,870$ 2,023$ 15,000$ Subtotal - funding available 135,697$ 128,880$ 235,153$ 141,931$ 100,032$ 741,693$ Capital Projects4,200$ 4,200$ Balance for 2019 work plan 135,697$ 128,880$ 235,153$ 137,731$ 100,032$ 737,493$ Construction100,800$ 91,225$ 184,800$ 102,000$ 74,000$ 552,825$ % of Balance74%71%79%74% 74%Design10,000$ 14,000$ -$ 8,000$ -$ 32,000$ % of Balance7%11%0%6% 0%Construction Inspection/14,798$ 13,829$ 26,150$ 15,306$ 10,893$ 80,975$ Engineering Technician11%11%11%11% 11%Miscellaneous10,099$ 9,826$ 24,204$ 12,425$ 15,139$ 71,693$ Maintenance/Concrete Cutting7%8%10%9% 15%updated 15 Aug 2018 2019 PROPOSED Sidewalk Work Plan and BudgetDistrict OneSide of StreetEstimated SF cost Cost Available BudgetConstruction100 Linn St East 100 21$ 10,500$ 200 Linn StEast12021$ 12,600$ 400 Linn StEast10021$ 10,500$ 100 Utica StEast20021$ 21,000$ 800 N. Cayuga St West22021$ 23,100$ 900 N. Cayuga St West22021$ 23,100$ 960Subtotal 100,800$ Design projects300 Fall Creek Dr North 650 10,000$ TOTAL110,800$ 120,899$ ContingencyConstruction100 Triphammer Rd West 300 21$ 31,500$ 300 Utica StEast16521$ 17,325$ 1000 N. Cayuga St West51021$ 53,550$ 1100 N. Cayuga St West16021$ 16,800$ 600 Stewart AveWest60021$ 63,000$ 600 Willow St East22021$ 23,100$ 200 Franklin StNorth22021$ 23,100$ Design projectsTotal Contingency 228,375$ Future Collaboration with City Streets' Crews/Grant Money/Captial Projects100 Thurston Ave North120,000$ 900 Stewart AveWest65,000.00$ City BlockAppr. Length of sidewalk (linear feet) 2019 PROPOSED Sidewalk Work Plan and BudgetDistrict TwoSide of StreetEstimated SF cost Cost Available BudgetConstruction300 Elmwood Ave East 170 21$ 17,850$ 200 Bryant AveEast30021$ 31,500$ 200 Dryden RdNorth 27521$ 28,875$ SID 2 Capital Finance Construction Project Elmwood & Valley Rd (bordering the school) 600 13,000$ annual cost for 15 yrs; $195,000 Sum1,345Subtotal 91,225$ Design projects500-900 Giles St Either 575 14,000$ TOTAL 105,225$ 115,051$ ContingencyConstruction500 Mitchell St South 150 21$ 15,750$ 100 Ithaca RdSouth 16521$ 17,325$ 200 Cornell StEast9021$ 9,450$ 200 Cornell StWest9021$ 9,450$ 300 Stewart AveEast5021$ 5,250$ Design projectsTotal Contingency 41,475$ Future Collaboration with City Streets' Crews/Grant Money/Captial Projects1100 E. State StSouth 450120,000$ 400 Oak AveNorth 900244,000$ City BlockAppr. Length of sidewalk (linear feet) 2019 PROPOSED Sidewalk Work Plan and BudgetDistrict ThreeSide of StreetEstimated SF cost Cost Available BudgetConstruction100 Lake Ave West 420 21$ 44,100$ 500 W. Clinton St North 400 21$ 42,000$ 200 N.Geneva St East 100 21$ 10,500$ 300 Cascadilla St South 210 21$ 22,050$ 300 Cascadilla St North 180 21$ 18,900$ 200 S. Cayuga St East 330 21$ 34,650$ 400 Adams St South 120 21$ 12,600$ 1,760 Subtotal 184,800$ Design projectsTOTAL 184,800$ 209,004$ ContingencyConstruction100 E. Green St (vault membrane repair) North 300 25$ 37,500$ 600 W. Green St South 100 21$ 10,500$ 500 W. Green St South 160 21$ 16,800$ 200 N. Geneva St East 100 21$ 10,500$ 300 W. Buffalo St South 80 21$ 8,400$ Total Contingency 46,200$ Future Collaboration with City Streets' Crews/Grant Money/Captial ProjectsCity BlockAppr. Length of sidewalk (linear feet) 2019 PROPOSED Sidewalk Work Plan and BudgetDistrict FourSide of StreetEstimated SF cost CostAvailable BudgetConstruction100 E. Spencer St & Curb Ramps North/South40021$ 42,000$ 300 Wood St & Fair St Curb Ramps South46060,000$ 860 Subtotal102,000$ Design projects200 Cecil A Malone Dr South 775 8,000$ TOTAL110,000$ 122,425$ ContingencyConstruction300 Pleasant St South 370 21$ 38,850$ 100 Hawthorne PlNorth35021$ 36,750$ 200 Columbia St South38521$ 40,425$ Design projectsTotal Contingency 116,025$ Future Collaboration with City Streets' Crews/Grant Money/Captial Projects400 Hillview Pl South650223,000$ 600-700 S. Aurora StEast1650190,000$ 800 S. Aurora StBoth650217,000$ 100 Giles StSouth450360,000$ City BlockAppr. Length of sidewalk (linear feet) 2019 PROPOSED Sidewalk Work Plan and BudgetDistrict FiveSide of StreetEstimated SF cost CostAvailable BudgetConstructionElm St & Chestnut St Intersection (bordering school)50,000$ Subtotal50,000$ SID 5 Capital Finance Project: Finance $360,000 of $2.1 Million Project (1.4 Million grant)100-1100 Hector St North/East 715024,000$ annual cost for 15 yrs; $360,000 SumTOTAL74,000$ 100,032$ ContingencyConstruction700 W. Court St North 50 21$ 5,250$ 300 N. Meadow St West8021$ 8,400$ 400 N. Meadow St West4021$ 4,200$ 500 N. Meadow St West4021$ 4,200$ Design projectsTotal Contingency 22,050$ Future Collaboration with City Streets' Crews/Grant Money/Captial Projects100-1100Hector StNorth/East71501,700,000$ City BlockAppr. Length of sidewalk (linear feet) CODDINGTON RDSOUTH HILL TERBLAIR STN TIOGA ST WILLO W A V E JAKE STREUBEN STGUSSIE STHANCOCK STCASCADILLA STMADISON STTURNER PLE CLINTON STVALLEY RDMARY STFIFTH ST CLIFF STE FALLS STWAIT AVEOAK AVEWILLIAMS STBARTON PLAUBURN ST FAIRGROUNDS MEMORIAL PKWYFLORAL AVEOSMUN PLCAMPUS RDKLINE RDELMIRA RDPRESIDENTS DRHOY RDCOLLEGE AVE W YATES STHOMESTEAD RDHEIGHTS CTCRESC E N T P L IRVING PL E LINCOLN STS PLAIN STWILLARD WAYFORES T P A R K L N GRANDVIEW AVEELM STCOLUMBIA STCORNELL STWOODCREST AVEFAIR STE GREEN STMANN DRFOURTH STWEST AVEKELVIN PLHUDSON STSTEWART AVETHIRD ST WESTWOOD KNLADAMS STELMCREST CIRDRYDEN RDWORTH STCOOK STMITCHELL STBRANDON PLSOUTH STEDGECLIFF PLWOOD STEDDY STSECO N D STCORNELL AVEORCHARD PLCHESTNUT STWEST VILLAGE PLSAGE PL FAIRMOUNT AVE W LINCOLN STDELAWARE AVEELMWOOD AVE ELSTON PLBRINDLEY STW CLINTON STPEARSALL PLESTY STCENTER STW BUFFALO STW COURT STW SENECA STW STATE STBOOL STWATER STGILES STFRANKLIN STS TITUS AVETHURSTON AVEBRYANT AVEFARM STE MARSHALL STE TOMPKINS STE YATES STE LEWIS STE JAY STHECTOR STTRIPHAMMER RDWILLETS PL MILLER STS CORN ST N AURORA STBALCH DRE SENECA STN MEADOW STN PLAIN ST N CORN STE BUFFALO STBROOKFIELD RDN CAYUGA ST FOUNTAIN PLS AURORA ST HUDSON ST EXTE COURT STKING STQUEEN STN QUARRY ST EASTWOOD TERPARKER STS MEADOW STGLEN PLTAYLOR PL DEY ST TAUGHANNOCK BLVDW LEWIS STMAPLE AVEWYCKOFF AVE COBB STPEARL STS FULTON STRICHARD P LRISLEY DRN WILLARD WAY CASCADILLA AVEENERGY DRHOLLISTER DRS ALBANY ST FIRST ST N TAYLOR PLHO PLZS CAYUGA STJAMES ST WASHINGTON ST ALICE MILLER W A Y CECIL A MALONE DRTREVA AVEUTICA ST LLENROC CTLODGE WAY VINEGAR HLW YORK STCHARLES STFAYETTE ST S QUARRY STSTATLER DRNEEDHAM PLRENZETTI PLCASS PARK ACCESS ROADW GREEN STHOOK PLN GENEVA ST N ALBANY ST PARK PLSOUTH AVEHAWTHORNE PLN FULTON STFALLVIE W T E R SCHUYLER PLSAGE AVE HOMESTEAD TERCOTTAGE P L TERRACE PLLAKE ST UNIVERSITY AVEPARK STTABER STE YORK STTHE KNOLLHOPPER PLEDGEMOOR LNPROSPECT STHIGHLAND PLPLEASANT STSCIENCES DR SEARS ST VALENTINE PLDEWITT PLHIGHLAND AVERESERVOIR AVELAKE A V E EDGEWOO D P L EASTWOOD AVECASS PARK ENTRANCEHYERS STCLEVELAND AVECATHERINE STN TITUS AVEW FALLS STROBERTS PLGARDEN AVESPENCER RDSTATE ROUTE 13 SS GENEVA ST LINN STSISSON PLE STATE STRHODES DRSTATE ROUTE 13 NHILLVIEW PLWESTMOUNT DRSUNRISE RDFERRIS PLITHACA RDCLIFF PARK RDFALL CREEK DRCORNELL WALKTOWER RDRIDGEDALE RDABBOTT LNLINDEN AVEWARREN PLRIDGEWOOD RDPARK RDMCGRAW PLKITE HILL DRCARPENTER CIRGOTHIC S W A Y CAMPBELL AV EPIER RDHUDSON PLHALLER BLVDEAST AVECENTRAL AVECHERRY STW SPENCER STOAKWOOD LNCRADIT FARM DRRAILROAD SERVICE RDFOREST HOME DR10030040010020020010030040020030010002009009008007002003004006005008003003009008007005001002004005001001000<10011001002019 Proposed Sidewalk and Curb Ramp ConstructionCity of Ithaca, NYNY State Plane, Central GRS 80 DatumMap Source: Tompkins County Digital Planimetric Map 1991-2018Data Source: City of Ithaca Department of Engineering, 2018Map Prepared by: GIS Program, City of Ithaca, NY, June, 2018±0 500 1,000 FeetNew Sidewalk ConstructionExisting Sidewalk ReplacementDesign Sidewalk ProjectRoadsWaterwayCity BorderSID Districts1234512345 9.6 Adjustment of the Managerial Compensation Plan - Resolution WHEREAS, in 2015, the City of Ithaca implemented a new management compensation plan, which sought to address internal equity concerns, the City’s ability to attract quality talent, and compression issues that resulted from a lack of salary increases in multiple prior years; and WHEREAS, in order to mitigate the financial impact, the plan was phased in over a period beginning on January 1, 2015, and ending on January 1, 2017; and WHEREAS, although implemented between January 1, 2015 and January 1, 2017, the managerial compensation plan was based on market data from 2011-2012, with no subsequent cost of living adjustments, and, as a result, the plan lags behind the market; and WHEREAS, several of the City’s last few managerial hires were above the entry rate, due to internal compression or external equity issues; and WHEREAS, in addition to recruitment issues, several managerial staff have not received increases in the last two to four years; and WHEREAS, Human Resources is recommending adjusting the plan to address the City’s ability to attract talent, reduce internal inequities, and move the City plan closer to the current market rate; now, therefore be it RESOLVED, That the current Management Compensation Plan be amended by deleting the entry level (step one) and adding a new step five (5) that produces a 20% spread between the lowest and the highest step, effective April 1, 2019; and, be it further RESOLVED, That on April 1, 2019, all managerial staff who were on step 5 of the 2015- 2017 Management Compensation Plan on January 1, 2019, shall move to step 5 of the 2019 Management Compensation Plan; and, be it further RESOLVED, That on April 1, 2019, all managerial staff who were below step 5 of the 2015-2017 Management Compensation Plan on January 1, 2019, shall be slotted into the salary step that reflects their current salary, and shall continue to move one salary step annually on their respective anniversary dates, in accordance with the existing procedure; and, be it further RESOLVED, That starting January 1, 2019, the position of Chief of Staff, which is not currently included in the Management Compensation Plan, shall be compensated at a level indexed to Grade 12, Step 3 of the 2015 Management Compensation Plan; and, be it further RESOLVED, That on April 1, 2019, all positions indexed to the 2015 Managerial Compensation Plan shall continue to be indexed to the 2019 Management Compensation Plan and shall subsequently follow the salary adjustments for managerial staff as outlined above; and, be it further RESOLVED, That Common Council hereby directs the City Controller to release funds placed in Restricted Contingency as part of the 2019 Authorized Budget for the Management Compensation Plan adjustments and allocate said funds to various Departments as applicable. 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Allocation of New York State Administered Community Development Block Grant (CDBG) Program Income - Resolution WHEREAS, New York State has announced a policy change regarding retention of Community Development Block Grant (CDBG) program income by current and past recipients of the CDBG program administered by New York State; and WHEREAS, New York State now requires communities in possession New York State (NYS) Administered CDBG Program Income to use such funds for CDBG-eligible uses by March 31, 2019 or return the funds to New York State; and WHEREAS, the City of Ithaca received CDBG grant awards from New York State Small Cities competitive CDBG program from 2000-2003, before being designated as a HUD Entitlement grantee in 2004 and transitioning to federal administration of CDBG funds; and WHEREAS, CDBG program income is created when initial CDBG investments result in income received by the grantee, such as loan repayments; and WHEREAS, in 2003, the City of Ithaca received CDBG funds to provide loan assistance for the Hilton Garden Inn hotel project to create jobs for low- and moderate-income persons; and WHEREAS, CDBG program income in the form of loan repayments from this economic development activity are projected to total over $561,000 by March 31, 2019; and WHEREAS, the Ithaca Urban Renewal Agency (IURA) administers CDBG funds on behalf of the City; and WHEREAS, the IURA recommends NYS administered CDBG program income be invested in the following projects:  Cherry St. public road extension, and  S. Aurora Street sidewalk extension (Hillview Place to City/Town line), and WHEREAS, the Cherry St. public road project is an eligible CDBG economic development activity that will create at least 5 jobs for low- and moderate-income persons at Emmy’s Organics, Inc. who is constructing a production facility at the end of the road extension; and WHEREAS, the S. Aurora Street sidewalk project is an eligible CDBG public facility activity serving a low- and moderate-income neighborhood; and WHEREAS, the Town of Ithaca has been awarded federal funding to construct sidewalks along Rt. 96B from Ithaca College to the City/Town boundary leaving an approximately 1,500 linear foot gap to connect with the existing city sidewalk network that ends at Hillview Place; and WHEREAS, CDBG funding for the S. Aurora Street sidewalk project is estimated to provide sufficient funding for approximately 1,200 linear feet of sidewalk; and WHEREAS, environmental review was completed by the Board of Public Works for the Sidewalk extension on May 15, 2018, and by the Planning and Development Board September 25, 2018 for the Cherry St. project on September 25, 2018, which resulted in findings that the projects will result in no significant impact on the environment and issuance of negative declarations; and WHEREAS, an October 10, 2018 public hearing was held on this matter; now, therefore be it RESOLVED, That the City of Ithaca Common Council hereby allocates up to $561,583 New York State administered CDBG program income in possession of the City of Ithaca as follows: 1. Project: Cherry Street Industrial Park Road Extension Funding: Up to $175,000 Description: Construct approximately 400 ft. linear feet of public street at The end of Cherry Street extension; 2. Project: South Aurora Street (Rt. 96B) Sidewalk Extension (east side Right-of-way) Funding: Up to $386,583 Description: Construct approximately 1,200 linear feet of sidewalks along The east side of the right-of-way of Route 96B from Hillview Place toward the City/Town boundary; ; and, be it further RESOLVED That the IURA is authorized to request approval from the NYS Office of Community Renewal of the intended use of CDBG program income funds and demonstrating that the use will meet a national objective and all CDBG requirements. £¢79 NY State Plane, Central GRS 80 DatumMap Source: Tompkins County Digital Planimetric Map 1991-2018Data Source: City of Ithaca Department of Public Works, 2018Map Prepared by: GIS Program, City of Ithaca, NY, February 2018±0 500 1,000 Feet S Aurora St Sidewalk Project andExisting Sidewalk Network - Detail Map Six Mile Creek So u t h H i l l R e c W a y BakerPark Titus Triangle HillviewPark City ViewApts Oak HillManor Hudson HeightsApts Grandview CourtApts WhitonHouse South HillElementarySchool City Proposed Sidewalk Town Proposed Sidewalk Existing Sidewalk City Border State Routes Local Roads Waterway Buildings Parks Rental Properties (1236 Units) Census Tract 11 Existing Sidewalk CityProposed Sidewalk Hudson HeightsApts Ithaca CollegeCampus South HillBusiness Campus Chain Works District Sou t h H i l l R e c W a ySix M i le C reek Charles StApts James StApts£¢96B £¢96B £¢96B (Total Enrollment: 6,500 students) TownProposed Sidewalk CollegetownTerraceApts QuarryApts BoilerWorksApts Therm Census Tract 12Ce n s u s T r a c t 1 2 Ce n s u s T r a c t 1 1 Census Tract 11Census Tract 13 Census Tract 11 Census Tract 10Census Tract 11 10.2 Ithaca Urban Renewal Agency – Housing and Urban Development (HUD) Entitlement Program, 2018 Action Plan - Program Amendment #2, Ithaca Neighborhood Housing Services (INHS) Scattered Site 2 (project #7) - Resolution WHEREAS, the City adopted 2018 Action Plan allocated $100,000 in HOME funds to assist the Scattered Site Phase 2: New Construction project (Project) sponsored by Ithaca Neighborhood Housing Services, Inc. (INHS); and WHEREAS, the Project included redevelopment of the site located at 150 N. Albany Street, owned by the Salvation Army, for new construction of an approximately 42-unit affordable housing project; and WHEREAS, on September 6, 2018, the IURA received notice from INHS that the 150 N. Albany Street project will not be ready for submission for the annual NYS Unified Funding in December 2018, and requested re-allocation of the HOME funds to a substitute affordable housing project including reconstruction and rehabilitation of 29 rental housing units at the following locations:  203-209 Elm Street  111 W. Clinton Street  406 S. Plain Street  227 S. Geneva Street  502 W. Green Street, and WHEREAS, development of the 150 N. Albany Street project is now projected to be submitted for State funding in December 2019; and WHEREAS, the HUD Citizen Participation Plan requires a public hearing and Common Council approval for substantial amendments to the Action Plan; and WHEREAS, a change in the location of the original Project and a change in the use of funds from new rental housing construction to reconstruction and rehabilitation of existing rental units qualifies the requested action as a substantial program amendment; and WHEREAS, at their September 27, 2018 meeting, the IURA recommended approval of reallocation of HUD funds for the proposed substitute INHS affordable housing project; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca hereby approves program amendment #2 to the 2018 HUD Action Plan, as follows: REVISED PROJECT – Program Amendment #2, 2018 Action Plan Sponsor: Ithaca Neighborhood Housing Services, Inc. Project Name: Scattered Site 2 Funding Amount: $100,000 Funding Source: HOME Project Locations: 203-209 Elm St. (demolition and reconstruction) 111 W. Clinton St. (rehabilitation) 406 S. Plain St. (rehabilitation) 227 S. Geneva St. (rehabilitation) 502 W. Green St. (rehabilitation) Project Type: Reconstruction and Rehabilitation of Rental Housing Number of Housing Units: 29 ORIGINAL PROJECT – To be Defunded in the 2018 Action Plan Sponsor: Ithaca Neighborhood Housing Services, Inc. Project Name: Scattered Site Phase 2: New Construction Funding Amount: $100,000 Funding Source: HOME Project Location: 150 N. Albany St. Project Type: New Construction of Rental Housing Number of Housing Units: 42 INHS Scattered Site – Phase 2 INHS has owned and managed 129 residential units in the City of Ithaca and operated them as affordable housing. In our Scattered Site Phase I project, 98 of these units were refinanced and renovated through a NYS Housing Finance Agency tax exempt bond and allocation of 4% Low Income Housing Tax Credits. The Phase 2 project includes the remaining units in the portfolio, which will be either renovated or demolished and replaced using 9% Low Income Housing Tax Credits and a mix of other State and local funding. Scattered Site 2 will result in 29 rental units (13 of which will be new construction) and 2 commercial spaces in the following configuration: 111 West Clinton Street – 3 units – moderate rehab – located in an historic district  Renovation Scope: comprehensive kitchen and bathroom upgrades throughout, replace non- original interior doors, patch and paint all interior walls and ceilings, replace water heater and furnace, install new programmable thermostats, upgrade insulation, repair/replace deteriorated exterior and site elements. 227 South Geneva Street – 4 units – moderate rehab – located in an historic district  Renovation Scope: comprehensive kitchen and bathroom upgrades throughout, patch and paint all interior walls and ceilings, refinish existing hardwood floors, replace boiler and water heater, install new programmable thermostats, replace electrical and water distribution systems, repair/replace deteriorated exterior and site elements. 406 South Plain Street – 4 units – substantial rehab  Renovation Scope: remove approximately 80% of existing interior walls and reconfigure apartments to provide one fully accessible unit, provide new kitchens and bathrooms, replace electrical distribution system, repair/replace deteriorated exterior and site elements. 502 West State Street – 5 units, 2 commercial spaces – moderate rehab  Renovation Scope: kitchen and bathroom upgrades in 3 of 5 apartments, selective window replacement, bathroom upgrade in one commercial unit and addition of second commercial bathroom, patch and paint all interior walls and ceilings, install new programmable thermostats, repoint exterior masonry, replace some areas of roofing, replace gutters. 203 Elm Street – 4 units, vacant – to be demolished 205 Elm Street – 1 unit – to be demolished New construction of a 13 unit building. 207 - 209 Elm Street – 9 units – to be demolished 6/26/2018413 W Seneca St - Google Mapshttps://www.google.com/maps/place/413+W+Seneca+St,+Ithaca,+NY+14850/@42.4388222,-76.5066174,16z/data=!4m5!3m4!1s0x89d081765291de75:0x4a02cb5e83401342!8m2!3d42.4401445!4d-76…1/2Map data ©2018 Google 500 ft 413 W Seneca StScattered Site 2 properties