HomeMy WebLinkAboutMN-CC-2015-05-06COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. May 6, 2015
PRESENT:
Acting Mayor Mohlenhoff
Alderpersons (9) Brock, McGonigal, Murtagh, Clairborne, McCollister, Fleming,
Smith, Kerslick, Martell
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Planning, Building, Zoning & Economic Development Director – Cornish
Historic Preservation Planner – McCracken
Community Development Director – Bohn
Youth Bureau Director - Vance
Fire Chief – Parsons
EXCUSED:
Mayor Myrick
PLEDGE OF ALLEGIANCE:
Acting Mayor Mohlenhoff led all present in the Pledge of Allegiance to the American
Flag.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Presentation of Quarterly Employee Recognition Award
Acting Mayor Mohlenhoff presented the Quarterly Employee Recognition Award to
Dianne McFall, Ithaca Police Department. Ms. McFall was nominated by co-worker
Jamie Ramirez who recognized her as being an invaluable resource to the entire Police
Department, and a patient teacher while training new employees on the intricacies of
the timekeeping and accounting systems. She further expressed her appreciation for
Ms. McFall’s open-minded attitude towards process improvements.
5.2 Presentation of Sustainability Work in the City of Ithaca and the Solar Farm
Project – Nick Goldsmith, Sustainability Coordinator
Sustainability Coordinator Nick Goldsmith updated Common Council on the status of
various sustainability projects happening throughout the City:
City of Ithaca Solar Farm
Signed a 20-year power purchase agreement (PPA) with Solar City in February
2015. The project is currently in the design and review phase. Installation is
expected early 2016. With this project, we will surpass our 2016 Green House
Gas (GHG) reduction targets and will save the City an estimated $70,000 per
year.
Residential Energy Score Project
This is a NYSERDA-funded project that runs from fall 2014 through spring 2016.
It is a partnership between the City of Ithaca, Town of Ithaca, and three other
towns in Tompkins County. Discussion is ongoing with the goal of developing
either a local law or a voluntary program that would result in all houses listed for
sale having an energy efficiency evaluation. The results of the evaluation would
then be made available to prospective buyers in the form of an energy score or
rating, like a “miles-per-gallon” for the home.
Energy Smart Community
This project is very early in the development stages. It is motivated by the NYS
Reforming the Energy Vision (REV) initiative. It involves a partnership between
Iberdrola (parent company of NYSEG), Cornell University, Cornell Cooperative
Extension, City of Ithaca, Town of Ithaca, and Tompkins County and will examine
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ways that community goals such as GHG emissions reduction and energy
affordability can be enabled by the utility
Other Projects and Progress:
o Secured and leveraged external funding to enable sustainability work
through the extensive use of interns and volunteers, partnerships, and
memberships
Organized community meetings and “solar tours” in the City for the Solar
Tompkins program, which surpassed the goal of doubling solar capacity in the
County in one year
o The creation of a Solar inventory and map nearing completion.
Drafted a Climate Change Adaptation Plan
o Examines the overall threats to Ithaca’s natural and human environment
posed by climate change science, and provides a plan of action of climate
change adaptation strategies
Tracked energy and water use in 12 City facilities, shared information with staff
Continued publishing Ithaca Sustainability newsletter and Facebook page
Collaborations:
o Board President of the Sustainability Center
o Tompkins County Energy Roadmap steering committee member
o Supporting NY Prize applicants for microgrid feasibility study
In the Works
City Hall is Founding Adopter in the Ithaca 2030 District project
o This is a National program creating public/private partnerships to help
commercial buildings use less energy and water. The Ithaca 2030 District
kick-off planned for fall 2015 with the collective goal of performing 50%
better than the national median in energy use by 2030. The benefits of
this program include sharing and learning best practices for energy
efficiency; gaining access to financing opportunities or bulk purchasing
initiatives; and gaining national recognition
Partner in NYSERDA-funded Electric Vehicle Feasibility Study
o This is a partnership between ITCTC, Cornell University, City of Ithaca,
Town of Ithaca, Tompkins County Planning Department, Cornell
Cooperative Extension to develop an electric vehicle (EV) Infrastructure
Plan
Other Possibilities for the Future
Internal committee – “Green Team” and/or sustainability committee to help
distribute sustainability projects to appropriate departments
Implement Green Fleet Policy; Perform fleet efficiency research and
improvements
Perform energy audits of City facilities; possibly another performance contract
Perform GHG inventory update
Review code and/or zoning, and possibly revise to encourage renewables, EVs,
etc.
Explore advanced energy code for new construction
Explore mandating energy benchmarking and disclosure in certain buildings
o Many Cities nationwide have implemented; Recent federal energy
efficiency bill supports this idea
Research LED street-lighting conversions in partnership with utility
Staffing Resources
o To date, sustainability-focused positions have been temporary and largely
grant-funded. The two-year grant from Park Foundation for a part-time
Sustainability Coordinator will expire March 30, 2016. Research is being
conducted for external funding opportunities; applying for grants this
summer. There is a possibility of Park Foundation funding again, but
probably at lower level
The City has ambitious, forward-thinking sustainability goals and potential to be a
leader
o Energy Action Plan has aggressive implementation objectives
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o Additionally, at all governance levels (Federal, State, Local), the energy
and sustainability landscape is changing very quickly
Current staffing resources are not adequate to achieve our long-term
commitments
Given uncertain staffing level, the long-term success of sustainability efforts is
not guaranteed
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Joel Harlan, Town of Newfield, voiced his support for the construction of brick buildings
with sprinkler systems in Collegetown to avoid future tragedies.
Buzz Dolph, Town of Dryden, voiced his frustration with the Commons Project and in
particular, Sasaki Associates.
Tom Shelley, City of Ithaca, stated that 24 municipalities have passed Resolutions
opposing the proposed Crestwood underground LPG Facility. He shared sample
legislation and a public petition with 80 signatures on it and urged Common Council to
take action.
John Dennis, Village of Lansing, commented on the potential damage that underground
gas storage could cause, noting that Seneca Lake is already the most saline of all of the
Finger Lakes. He further discussed the health risks associated with drinking that water.
Robin Tropper-Herbel, Community School of Music & Arts, requested an amendment to
the proposed Resolution regarding the Canopy Hotel. She addressed the concerns
raised about the proposed parking solution.
Joseph Gaylord, Community School of Music & Arts, voiced his support for a proposed
amendment to the Resolution regarding the Canopy Hotel. He stressed the need for a
loading zone and addressed the safety features of the proposed agreement. He further
commented on the potential increase in parking pressure in the area due to the
proposed new housing project that will be located across the street.
Terry Byrnes, Village of Cayuga Heights, voiced her support for the proposed license
agreement with the Cascadilla Boat Club, noting that her son became an Olympic
athlete after his start with the club.
Jaimi Hendrix, Village of Trumansburg, invited Common Council to a presentation on
Civilian Review Boards that will be held on June 4, 2015 at 10:00 am at GIAC.
Ashley Miller, City of Ithaca, stated that the Natural Areas Committee unanimously
passed a Resolution recommending that the City withhold certain properties from the
public foreclosure auction. She further spoke about the iconic nature of Ithaca Falls.
Dan Hoffman, City of Ithaca, thanked members of Common Council for participating in a
field trip with members of the Natural Areas Committee to discuss the impact that
potential development could have on the Ithaca Falls area. He stated that the City
needs to be thoughtful about the future of this area.
Scott Laffer, Village of Freeville, discussed issues regarding access to the water by
other groups who do not have the same privileges as the Cascadilla Boat Club.
Christopher Glaubitz, Cascadilla Boat Club, thanked Common Council for their support
through the years and requested that an auto-renewable clause be included in the
proposed license agreement. He addressed questions raised about the use of the CBC
docks by other groups noting that people can participate in programs without have a
membership in the club.
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Adil Gri Guitti, Commons business owner, expressed his frustration with the Commons
repair and renovation project, stating that Council is not doing enough to put pressure
on the project team.
Kevin Brew, President, Cascadilla Boat Club, thanked Common Council for their
support, noting that the Cascadilla Boat Club is the only rowing club in the Southern
Tier.
Tim Willsallen, Town of Enfield, voiced his support for the Cascadilla Boat Club and
shared all of the attributes that makes rowing a special sport.
Jason Fane, City of Ithaca, voiced his frustration about the Commons project stating
that it is creating a serious problem for the retailers and many of them are losing their
businesses. He further spoke about the community-wide effects of this project.
Marc Messing, Town of Ithaca, voiced his opposition to the proposed Cascadilla Boat
Club license agreement and cited municipal disengagement of public safety issues,
highlighting recent accidents requiring emergency rescues.
Fay Gougakis, City of Ithaca voiced her concerns regarding loud bar music on the
Commons, the lack of signage displaying the rules of the Commons, the design of the
Commons project, and the amount of dust caused by the construction project. She
further voiced her support for the Natural Areas Committee proposal.
City Clerk Conley Holcomb read the following two communications into the record:
“To Mayor Svante Myrick & Members of the Ithaca Common Council
I'm writing to urge Common Council members to support the Ithaca Landmarks
Preservation Commission's effort to preserve the last of Ithaca's stone sidewalks. Laid
in the late 19th and early 20th centuries, stone sidewalks once lent an urbane quality
throughout neighborhoods such as the East Hill Historic District. Almost 25 years ago,
when it appeared as it does today that stone sidewalks would disappear from the local
streetscape, a focused effort resulted in a thoughtfully prepared policy authored by Mary
Tomlan and Kathleen Foley (both longtime Landmarks Commission members and
former chairpersons.) On July 5, 2000, after considerable public input, The Policy and
Procedure for the Retention of Historic Stone Sidewalks was adopted by the unanimous
vote of Ithaca’s Common Council.
In light of the policy on record, one questions why the 2013 City Sidewalk Ordinance
included no language related to treatment of existing stone sidewalks and why there is
no budget to carry out the policy’s intention. Now that the nature of the sidewalk
program is significantly changed, why hasn’t there been any movement toward revising
the policy to achieve objectives worked out in 2000? Instead, the Council is exercising
its ability to substitute its considerations for those of the Landmarks Commission, which
routinely operates in adherence to standard preservation guidelines established by
Secretary of the Interior, New York State law and our own local ordinance. Before this
once ubiquitous component of the city infrastructure disappears altogether, we owe it to
the community and to the future to take a second look at the stone sidewalk policy and
redouble efforts to find reasonable ways to maintain at least the few stone sidewalk
remnants that grace the city’s streetscape.
It’s a likely source of frustration for the Commission, who serve at the behest of Council,
and for many who live within our historic districts that the City is not taking the lead in
action that supports the same preservation goals required of its residents. It seems to
many who view preservation as an integral aspect of City management, that the repair
and replacement of stone sidewalks, especially in our historic districts, would be
rewarded by the tangible value of preserving a vanishing resource that connects us to
our past and, in this case, strengthens the historic and visual character of the East Hill
Historic District.
Leslie Chatterton
Historic Preservation Planner 1986-2011
May 6, 2015
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“I am writing with regard to the resolution concerning the replacement of stone
sidewalks in the East Hill Historic District. My work schedule does not permit me to
attend the public comment portion of your meeting.
As City Historian and past member of the Ithaca Landmarks Preservation
Commission, I would like to express my concern that two of the more substantial
historic installations of flagstone sidewalks in the East Hill Historic District will be
destroyed with the currently planned work. My research into sidewalk paving in the city
seems to indicate that the flagstone walk across the front of one of the subject
properties dates from 1894, and I know that other walks in this area also date from that
decade. I would also note that one of the five-foot-wide flags in question is of an
impressive length-almost eight feet long. I am dismayed not only because of this
impending loss but because it bodes ill for the future of any of the remaining flagstone
public walks in the city.
As a taxpayer and former Common Council member, I can appreciate your
consideration of cost. I would note, however, that my 1980s entry into discussions of
civic matters came as I advocated for the in-kind replacement of the decades-old brick
paving on East State Street rather than its paving with less substantial material, and that
later, as an elected official, I would have supported the in-kind replacement of stone
sidewalks not simply for their historic value but as wise investments in public
infrastructure for generations to come. Surely, in the case of these stone sidewalks,
there have been many beneficiaries of these past investments.
The City has access, through staff and other local means, to expertise that would
enable the retention, where possible, and in-kind replacement of these stone
sidewalks. I hope you will consider this option, for Ithaca's future, in your vote.
Mary Raddant Tomlan
City of Ithaca Historian”
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson McCollister responded to comments made about the Commons project and
safety precautions that should be taken for the upcoming graduation weekends. She
requested that a presentation be given at the next Common Council meeting on the
status of the project and projected timelines for element completion.
Alderperson Murtagh expressed his concern regarding Commons project stating
however, that progress is being made and the project is on pace to be completed by the
end of August. He further stated that the Ithaca Falls/401 Lake Street property
foreclosure and the Crestwood Facility issue would be assessed and considered at the
next Planning Committee meeting.
Alderperson Kerslick echoed comments made about the Commons project and the
need for a status update presentation. He further addressed concerns raised regarding
Collegetown fire safety issues, noting that Mayor asked Common Council and the
Rental Housing Commission to explore these issues further. Alderperson Kerslick also
responded to comments made about Civilian Review Boards, stating that the City’s
Community Police Board is one model of a civilian board and he does not believe it has
conflicting charges.
Alderperson McGonigal took a moment to thank all organ donors, noting that a liver
transplant recently saved a family member’s life. He reiterated the need for a
presentation on the Commons project, noting that not all members of the public have
access to computers and the project website. Alderperson McGonigal further
responded to comments made about the Cascadilla Boat Club stating that he has met
with people, listened to their opinions, returned phone calls and did not have a pre-
determined opinion on the matter.
Alderperson Clairborne thanked Sustainability Coordinator Nick Goldsmith for his
presentation and responded to comments made about the Commons project. He
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further stated that the Community Police Board has an advisory role and meaningful
reform would require a lot of thought and consideration. He further supported the
preservation of the Ithaca Falls and Lake Street area.
Alderperson Smith noted that the Commons project is actually on pace to be completed
by the end of July with and opening celebration in August. He noted that the addition of
the fountain is scheduled for the fall.
Alderperson Martell thanked the speakers for their comments on the Lake Street
properties and the natural areas.
CONSENT AGENDA ITEMS:
Department of Public Information and Technology:
8.1 Ithaca Ale House Alcohol Permit Request - Resolution
By Alderperson Smith: Seconded by Alderperson Kerslick
WHEREAS, the Ithaca Ale House has requested permission to utilize certain areas along
Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Ithaca Ale House, including the responsible sale and consumption of
alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2015, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Ithaca Ale House
that includes the sale of alcohol in accord with the terms and conditions set forth in
application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
8.2 Kilpatrick’s Restaurant - Alcohol Permit Request – Resolution
By Alderperson Smith: Seconded by Alderperson Kerslick
WHEREAS, the City Clerk has received a request to allow Kilpatrick’s restaurant to utilize
certain areas along North Tioga Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Kilpatrick’s restaurant, including the responsible sale and consumption of
alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
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RESOLVED, For the year 2015, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Kilpatrick’s restaurant
that includes the sale of alcohol in accord with the terms and conditions set forth in
application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
8.3 Youth Bureau – Request to Amend 2015 Roster To Add a Fulltime (40
hours) Recreation Program Administrator - Resolution
By Alderperson Smith: Seconded by Alderperson Kerslick
WHEREAS, the Ithaca Youth Bureau has proposed to add a fulltime (40 hours)
Recreation Program Administrator to the roster; and
WHEREAS, this position will be an opportunity for internal promotion for qualifying
Recreation Program Coordinators and provide supervision of the Recreation Division at
the Ithaca Youth Bureau; and
WHEREAS, no additional funds are being requested for this position; and
WHEREAS, the Ithaca Youth Bureau has worked closely with the Human Resources
Department to develop this proposal and anticipates formal adoption for the position by
the Civil Services Commission in April; now, therefore be it
RESOLVED, That the Personnel Roster of the Ithaca Youth Bureau shall be amended
as follows:
Add: One (1) Recreation Program Administrator (40 hours)
and be it further
RESOLVED, That the position of Recreation Program Administrator shall be assigned
to the City Executive Association at Grade A; and, be it further
RESOLVED, That for the sole purpose of determining days worked reportable to the
New York State and Local Employees’ Retirement System, the standard workday for
this position shall be established at eight (8) hours per day (forty (40) hours per week);
and, be it further
RESOLVED, That said roster amendment will be made within existing funds of the 2015
authorized Ithaca Youth Bureau budget.
Carried Unanimously
8.4 Youth Bureau – Request to Amend 2015 Budget Related to Big Brother/Big
Sister Programming - Resolution
By Alderperson Smith: Seconded by Alderperson Kerslick
WHEREAS, the Ithaca Youth Bureau would like to amend the 2015 budget; and
WHEREAS, the Ithaca Youth Bureau will be providing assistance to the Friends of the
Ithaca Youth Bureau for the benefit of the Ithaca Youth Bureau; and
WHEREAS, the Friends of the Ithaca Youth Bureau has approved staffing assistance
and will reimburse the Ithaca Youth Bureau for said staffing; and
WHEREAS, the Big Brother Big Sister Program received donations to provide weekly
programming during the 2015 school year; now, therefore, be it
RESOLVED, That the Ithaca Youth Bureau 2015 budget shall be amended as follows:
Increase Expenses
A7310- 5120–1400 Part-time/seasonal Salaries $5,500
A7310-9030 FICA/Medicare $ 421
A7310-9040 Workers’ Compensation $ 479
A7310-5120-1206 Part-time/Salaries $1,550
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A7310-9030 FICA/Medicare $ 120
A7310-9040 Workers’ Compensation $ 133
$8,203
Increase Revenue
A7310 - 2070 – 1400 Administration $6,400
A7310-2070-1206 Big Brothers Big Sister $1,803
$8,203
Carried Unanimously
8.5 DPW - Request for Funding for Engineering Services Agreement for
Enhanced Primary Feasibility Study for Ithaca Area Wastewater Treatment Facility
- Resolution
By Alderperson Smith: Seconded by Alderperson Kerslick
WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) requires
constant upgrading to meet the rigorous water quality and clean energy standards
embodied in its long range planning goals; and
WHEREAS, New York State Energy Research and Development Authority (NYSERDA)
funded a long term pilot of a new enhanced primary treatment technology developed in
New York State by Clear Cove Systems; and
WHEREAS, in order to understand the facility improvements and preliminary cost
estimates for implementing a full scale system and improvements to ancillary systems;
and
WHEREAS, GHD Consulting Services, Inc. has submitted an engineering proposal for
performing the study for an amount not to exceed $128,650, and
WHEREAS, the funding for this proposed study will be derived from existing funds in
Capital Reserve J1 and/or the issuance of bonds; and
WHEREAS, the Special Joint Committee (SJC) of the Wastewater Treatment Facility
approved the project at its regular meeting of March 11, 2015; now, therefore be it
RESOLVED, That the Common Council hereby recommends that Capital Project 420J
Enhanced Primary Treatment Feasibility be established in the amount not to exceed
$128,650 to fund the proposed agreement with GHD Engineers set to expire December
31, 2015; and, be it further
RESOLVED, That the approval and funding be contingent upon action by all
wastewater partners and their respective attorneys committing their percentage of
reimbursement shares to the Joint Activity Fund allocated per the Joint Sewer
Agreement as follows:
Municipality Percentage Project Cost
City of Ithaca 57.14 $73,510.61
Town of Ithaca 40.88 52,592.12
Town of Dryden 1.98 2,547.27
$128,650.00
and, be it further
RESOLVED, That funding necessary for said project shall be derived by existing
funds in Capital Reserve J1 and/or the issuance of bonds.
Carried Unanimously
May 6, 2015
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8.6 Attorney - Request for Funds for Litigation and Legal Services - Resolution
By Alderperson Smith: Seconded by Alderperson Kerslick
WHEREAS, as part of the authorized 2015 Budget, $130,000 was placed in
Restricted Contingency for the purpose of future litigation and legal services; and
WHEREAS, the City will be expending funds on litigation and legal services in the
coming months; now, therefore be it
RESOLVED, Common Council hereby transfers an amount not to exceed $130,000
from Account A1990 Restricted Contingency to Account A1420-5435 Attorney
Contracts $30,000 and Account A1930-5000 Judgments and Claims $100,000 for the
purposes of funding future litigation and legal services.
Carried Unanimously
8.7 DPW – Authorization to Fund Seasonal Position - Resolution
By Alderperson Smith: Seconded by Alderperson Kerslick
WHEREAS, The Forestry Technician position has not been funded for several years;
and
WHEREAS, the main duties of this position are maintenance of the city tree inventory
and support to the Citizen Pruners Volunteer Program and these duties are vital to the
regular operations of the Parks and Forestry Division; and
WHEREAS, the previous funding source used to hire a seasonal intern to fulfill these
duties is not available this year; and
WHEREAS, the Parks and Forestry Division has been challenged with other demands
on the funds for seasonal labor including: general continuous reduction in funds
compared to the previous year, required changes in allocation of funds to cover
reduction in full-time employee funding, and policy requirements to provide a higher
living wage for longer term seasonal workers; therefore, funds cannot be reallocated
from the existing Parks and Forestry budget to cover the full cost of an intern without
reducing the quality of service the city residents have come to expect from the Parks
and Forestry Division; and
WHEREAS, the available balance in the City’s unrestricted Contingency Account is
$124,000; now, therefore be it
RESOLVED, That Common Council hereby authorizes the allocation of $6,600 from
Account A1990 Unrestricted Contingency to Parks and Forestry Hourly Part-time
Account A7111-5120 to be used to fund a seasonal intern position.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
9.1 Attorney - Cascadilla Boat Club License - Resolution
By Alderperson Fleming: Seconded by Alderperson Smith
WHEREAS, the Cascadilla Boathouse (the “Boathouse”) has since 1978 hosted the
Cascadilla Boat Club (“CBC”), enabling CBC to provide rowing programs to area
community members, with a strong emphasis on area youth; and
WHEREAS, the substantial majority of CBC rowing participants are area youth, virtually
all of whom are Ithaca High School students for whom CBC provides their only
opportunity to row; and
WHEREAS, the licensing of the Boathouse by an organized boating program enables
members of the public wishing to row in Stewart Park to more fully enjoy the
recreational and athletic opportunities of the Park and its unique geography on the
shores of Cayuga Lake; and
WHEREAS, a robust rowing program available to the public enjoying Stewart Park
requires a substantial investment in rowing equipment, organizational management, and
Boathouse administration; and
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WHEREAS, such investment would likely prove out of reach for the City in light of
financial and staffing constraints, absent a public-private partnership of the sort
undertaken in the license authorized herein; and
WHEREAS, Section 2 of said license ensures that participation in CBC’s activities will
be available to all members of the public via membership application and payment of
fees, which may not be unreasonably large, said unreasonableness to be evaluated
after accounting for discounted or income-sensitive opportunities for participation in
CBC’s activities; and
WHEREAS, Section 2 of said license requires CBC to file with the City Clerk an annual
report on (a) the then-current fee structure for membership and participation in CBC, (b)
the reasonableness of said fee structure, (c) community participation opportunities and
events being offered by CBC, and (d) residency breakdown by municipality; and
WHEREAS, said license provides CBC with non-exclusive use of the licensed premises
insofar as the exterior licensed areas, with the exception of some minor areas of
equipment storage, are for the non-exclusive use of CBC, and will under this license
remain accessible to even those members of the public who do not join CBC’s rowing
activities, indeed enhancing those members of the public’s use of the park insofar as
they can also enjoy use of CBC-provided docks; and
WHEREAS, said license permits CBC to securely store locked within the first floor of the
Boathouse the rowing shells and other equipment necessary to servicing the public’s
enjoyment of rowing in the surrounding park; and
WHEREAS, the license permits CBC to share the first floor with the Ithaca Youth
Bureau in satisfaction of that aspect of the City’s storage needs in the Boathouse; and
WHEREAS, the license does not at this time permit CBC any usage of the second story
gym in the Boathouse; and
WHEREAS, said license as proposed would provide the City with $12,727.14 annually
in license revenue, with upward adjustments in accord with the Consumer Price Index;
and
WHEREAS, said license fee of $12,727.14 annually was arrived at based upon the
Pomeroy Associates appraisal employed by the City pursuant to Chapter 170 of the City
Code, and based upon the assessed value of Stewart Park; and
WHEREAS, said license is for a term of three years; and
WHEREAS, Section 6 of said license provides the City unfettered ability to revoke or
modify said license upon at least nine months’ written notice that the Common Council
has so resolved; now, therefore be it
RESOLVED, That the Common Council finds, as facts precedent to this resolution’s
authorization to enter into the subject license, each and every declaration and assertion
contained in the Whereas clauses of this resolution; and, be it further
RESOLVED, That the Common Council finds that the licensing of the Cascadilla
Boathouse to an organized boating program, and specifically to CBC, best enables the
public to enjoy the recreational and athletic boating opportunities offered by Stewart
Park, and more particularly the exceptional siting of the Boathouse on the water, and
thereby fulfills a valid park purpose; and, be it further
RESOLVED, That the Common Council finds that the licensing of an exclusive, locked
space internal to the Boathouse and narrowly-tailored to the equipment-storage needs
of CBC effectively serves the public in enjoying the recreational and athletic rowing
opportunities offered by the surrounding features of Stewart Park, and more particularly
the exceptional siting of the Boathouse on the water; and, be it further
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RESOLVED, That if any clause, sentence, paragraph, section, or part of this resolution
or the license herein authorized, or the application of any of the aforesaid to any person
or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid,
unenforceable, or otherwise contrary to applicable law, such judgment shall not affect,
impair or invalidate the remainder thereof, or the application thereof to any otherwise
unimpacted person or circumstance, but shall be confined in its operation to the clause,
sentence, paragraph, section, or part thereof directly involved in the controversy in
which such judgment shall have been rendered, it being the conclusion of the Common
Council that all aspects of this resolution and accompanying license fully comport with
applicable law and it being the binding intent of the Common Council to license to CBC,
insofar as authorized herein, to the greatest extent permitted by applicable law; and, be
it further
RESOLVED, That the Common Council authorizes the Mayor, upon the advice of the
City Attorney, to execute with CBC a license agreement for a term not in excess of three
years (absent renewal) and substantially similar to that included herewith.
Extensive discussion followed on the floor regarding space sharing issues between the
Cascadilla Boat Club and the Ithaca Youth Bureau; access to accessible restrooms, and
the removal of CBC property from non-authorized areas.
Amending Resolution
By Alderperson Murtagh: Seconded by Alderperson Kerslick
RESOLVED, That the second paragraph of Section 8 of the License Agreement be
amended to read as follows:
“LICENSEE agrees not to store boats or other equipment on land outside the
boathouse, except that licensee may store boats in current use on storage racks and trailers in
current use in those locations identified in Exhibit C hereto, provided that at no time shall the
CBC Boat Trailer be parked in such a manner as to obstruct access to the ramp to the
bathrooms. LICENSEE agrees not to place any items within the boathouse beyond the licensed
area. In the event of LICENSEE’s failure to follow the requirements of the preceding two
sentences, the CITY may, without notice, remove LICENSEE’s property, effect necessary
repairs, and charge the LICENSEE for such cost plus a 25% administrative charge.”
Alderpersons Kerslick and Clairborne commented that the amended language will
ensure compliance with the agreement into the future as leadership changes occur.
They further observed that improved communication is critical moving forward. This
agreement will serve as a tool for staff to use if problems occur.
A vote on the Amending Resolution resulted as follows:
Carried Unanimously
Alderperson Brock asked questions posed by City Forester Jeanne Grace regarding
who is responsible for the maintenance and oversight of docks that are owned by CBC
but made available for use by public, and who is responsible for making sure that the
docks meet appropriate safety standards for a public park facility. City Attorney Lavine
responded that some wooden docks have been repaired, and the CBC is pursuing grant
options to upgrade the docks. Alderperson Brock questioned the dock repairs, noting
that she had just inspected them. She stated that the docks are not detailed as being
part of the licensed premises and suggested that language be added to Section 8 of the
license agreement to specifically mention the docks and the dock bank.
Amending Resolution
By Alderperson Brock: Seconded by Alderperson Murtagh
RESOLVED, That the first paragraph of Section 8 of the license agreement be
amended to read as follows:
“8. LICENSEE hereby agrees to maintain the licensed premises, CBC owned docks,
and access ramps in a safe, sound, clean and serviceable condition, in accordance with all
applicable ordinances of the CITY and such that no hazard is posed to the public from the
public’s use of or proximity to said premises, and to repair or remove any unsafe or improper
structure or thing thereupon, placed, constructed or caused by the Licensee, as directed by the
CITY. In the event of LICENSEE’s failure to effect such repair or removal, after notice from CITY
to do so, CITY may carry out the same and charge LICENSEE and its benefited property for
May 6, 2015
12
such cost (plus a 25% administrative charge). Notwithstanding other provisions of this
paragraph, LICENSEE shall not be responsible for lawn mowing or repairs to the City owned
structures, namely the Cascadilla boathouse, except for broken windows adjoining the licensed
area, as to which causation of the breakage shall be irrelevant to this provision, and as to which
LICENSEE shall pay the City’s full cost, including labor and materials, of repair or replacement
at the City’s option, plus a 25% markup for overhead, provided, however, that the City shall
endeavor to provide ten days’ opportunity to the LICENSEE during which LICENSEE may at its
own expense directly execute the required repair so long as LICENSEE has within 24 hours of
provision of notice boarded up any openings in the broken window.
City Attorney Lavine stated that the CBC is not responsible for the dock banks as it is
City owned property. Any erosion issues would be the City’s to deal with.
Alderperson Clairborne questioned what would happen if the CBC chose to dock a boat
that is not being actively used, noting that the dock would no longer be publicly
accessible. City Attorney Lavine responded that other docks would be accessible to the
public as would that dock except for the side that the boat was docked on.
Motion to Call the Question
A vote on the motion to Call the Question resulted as follows:
Ayes (6) McGonigal, McCollister, Fleming, Smith, Kerslick, Mohlenhoff
Nays (4) Martell, Clairborne, Murtagh, Brock
Carried (6-4)
A vote on the Amending Resolution resulted as follows:
Ayes (5) Brock, Clairborne, Murtagh, Kerslick, Martell
Nays (5) McGonigal, McCollister, Fleming, Mohlenhoff, Smith
Failed (5-5)
Further discussion followed on the importance of including a sunset clause in the
agreement.
Amending Resolution
By Alderperson Brock: Seconded by Alderperson McGonigal
RESOLVED, That Section 4 of the License Agreement be amended to read as follows:
“4. Subject to the provisions of Paragraph 5, below, the term of the License contained
herein shall be for the period commencing April 1, 2015 (or on the date by which all application
and use fees and any required forms described herein are received by CITY, whichever date is
later) and expiring on March 31, 2018. This License shall, subject to the limitations in the next
sentence, renew automatically on the annually-recurring anniversary of the commencement
date, for three-year terms that shall supersede the unexpired two-year remainder of any
previously-executed license between the parties. Such automatic renewals shall, unless
otherwise agreed in a properly-executed writing, be on the same terms and conditions as this
license (except that the amount of the Use Fee may be revised annually, per the provisions of
Paragraph 7, below), and shall be effective only if (i) LICENSEE has submitted to CITY any
required renewal forms, proof of insurance and the full and proper fee for the renewal period,
before the commencement of such new term (i.e., before April 1st), (ii) the CITY has not notified
LICENSEE, by March 1st, of the CITY’s intention not to renew the license, and (iii) the term of
any such automatic renewal does not extend beyond April 1, 2035. “
Discussion followed on the floor with Council members expressing their opinions about
auto-renewal clauses, the appropriate term for a sunset clause, and the need for license
continuity for grant writing/fund raising purposes.
A vote on the Amending Resolution resulted as follows:
Ayes (7) Brock, McGonigal, Clairborne, Murtagh, McCollister, Kerslick, Martell
Nays (3) Smith, Fleming, Mohlenhoff
Carried (7-3)
Further discussion was held on the overall vision for Stewart Park and the upcoming
comprehensive analysis that will be conducted on the facilities and programs associated
with the park.
May 6, 2015
13
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (9) McGonigal, Clairborne, Murtagh, McCollister, Fleming, Smith, Kerslick,
Martell, Mohlenhoff
Nays (1) Brock
Carried (9-1)
AGREEMENT/REVOCABLE LICENSE FOR USE OF CITY REAL
PROPERTY
THIS AGREEMENT, made this ___ day of ____________, 2015, by and between:
►The Cascadilla Boat Club, a domestic not-for-profit corporation with a mailing
address at P.O. Box 4032, Ithaca, NY 14852, (hereinafter referred to as “LICENSEE”),
and
► The CITY OF ITHACA, NEW YORK, a municipal corporation having offices at 108 E.
Green Street, Ithaca, New York (hereafter referred to as "CITY"),
WITNESSETH THAT:
WHEREAS, CITY is the owner of a parcel of land with improvements thereon in the City
of Ithaca, County of Tompkins, State of New York, commonly known and designated as the
Stewart Park Boathouse, the Stewart Park bank of Fall Creek, and as Tax Map Parcel No.2.-2-
2; and
WHEREAS, LICENSEE wishes to use certain land in the City of Ithaca owned by CITY,
for the purpose of operating a rowing program that broadens public opportunity for rowing on
the waters adjoining Stewart Park, which CITY-owned land consists of approximately 2,810
square feet of space within the boathouse structure and 18,462 square feet of land surrounding
the boathouse which use can be described as follows:
An area within the City-owned land known as Stewart Park and which is
located at the northwestern point of the park commencing at a point on the
western shoulder of Stewart Park Road located approximately 39 feet east of the
southeastern corner of the boathouse extending approximately 88.75 feet to the
northwest and then southwest for a distance of 201.09 feet and then southeast
30.00 feet to the western bank of Fall Creek and then following the bank of Fall
Creek southeast approximately 223.42 feet and then north 97.58 feet returning to
the point or place of beginning, which is shown on the drawing attached to this
agreement labeled Exhibit A. Notwithstanding the preceding sentence, the
licensed area does not include the area constituting the boathouse structure or its
footprint, except as hereinafter provided.
The licensed area shall also include access to and use of the following
areas totaling 2,810square feet within the structure located within the boundary
described above, hereinafter referred to as “the Cascadilla Boathouse”: 2,404 sq
ft of boat storage rooms, 275 sq ft under and around the base of the stair (but not
including any permitted storage on stair landings or on the stairs themselves), and
131 sq ft at the stairs leading from the boat bay. When and if the City chooses to
make the second floor gym available for use by the Licensee, the licensed area
shall also include 2,435 sq ft for the second floor gym, which shall at that time be
factored into the Annual Use Fee on a pro-rated basis so as to exclude that
prospectively-estimated portion of the year when the gym space is unavailable to
CBC for use. Availability of the second floor gym shall be a determination made
by the Board of Public Works, on recommendation of the Superintendent of Public
Works, but only if and when all mandatory processes are satisfied, including
verification of code compliance of the use.
Any indoor area not specifically described in this license agreement is not
included within the licensed premises and is therefore excluded from the
licensee’s permitted use under this agreement. The licensed premises are to be
used for launching and docking boats at the Stewart Park bank of Fall Creek, and
storage and use of boats, exercise equipment, and other club equipment within
the Stewart Park Boathouse; and
May 6, 2015
14
WHEREAS, Chapter 170 of the Municipal Code of the City of Ithaca establishes the
process and the terms and conditions by which the CITY may license the use of its real property
to a person or persons; and
WHEREAS, the CITY’s Common Council has authorized the Mayor to execute an
agreement containing a revocable license that allows the above-described use, subject to
certain conditions;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, including receipt by CITY from LICENSEE of the fees described herein (either in full,
or pursuant to an installment payment agreement), the parties hereto, for themselves, their
heirs, executors, administrators, successors and assigns, do hereby covenant and agree as
follows:
1. By the License herein contained, LICENSEE shall have the right to lawfully use the
City-owned land described above, subject to the terms and conditions set forth herein, for the
purpose of operating a rowing program in a manner that serves and enhances the public’s
recreational and/or athletic engagement with Stewart Park via access to rowing on the waters
adjoining Stewart Park (said access to meet the requirements specified in Section 2 of this
Agreement). The CITY reserves the right to enter upon the licensed premises upon reasonable
notice (or without notice in the event that the CITY, in its sole discretion, has determined that
emergency entry is required) for the purpose of inspection or to assess or remedy a dangerous
or potentially dangerous condition.
2. The License herein contained does not grant LICENSEE sole and exclusive use of the
CITY-owned unimproved-land described above. Notwithstanding other provisions within this
paragraph, LICENSEE shall have sole and exclusive use of the licensed area within the
Cascadilla Boathouse, as described above, excepting the second floor gym, which if ever
incorporated into this license, shall be open to community use on such terms and conditions as
the CITY may from time to time specify, in its sole discretion. Said exclusive use is granted for
the sole purpose of servicing (primarily via boat storage) the non-exclusive uses granted under
this license. LICENSEE’s use of Stewart Park shall in no way infringe or restrict the general
public’s use of the Park grounds or the Stewart Park bank of Fall Creek. When not in active use
by LICENSEE, any improvements to the Stewart Park bank of Fall Creek shall be open to and
useable by the general public. Participation in LICENSEE’s activities, including any and all
rights granted to individuals for boat storage within the Boathouse, shall be available to all
members of the public via membership application (which may contain reasonable rules and
criteria for membership) and payment of a recurring membership fee, which shall not be
unreasonably large, said unreasonableness to be evaluated after accounting for discounted or
income-sensitive opportunities for participation in LICENSEE’S activities. LICENSEE shall, not
later than the due date of the annual license fee payment under this agreement, file with the City
Clerk a report on (a) the then-current fee structure for membership and participation in
LICENSEE, (b) the reasonableness of said fee structure, (c) community participation
opportunities and events being offered by LICENSEE, and (d) residency breakdown of
members and participants by municipality.
3. The use by LICENSEE 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 License/Agreement.
4. Subject to the provisions of Paragraph 5, below, the term of the License contained
herein shall be for the period commencing April 1, 2015 (or on the date by which all application
and use fees and any required forms described herein are received by CITY, whichever date is
later) and expiring on March 31, 2018. This License shall, subject to the limitations in the next
sentence, renew automatically on the annually-recurring anniversary of the commencement
date, for three-year terms that shall supersede the unexpired two-year remainder of any
previously-executed license between the parties. Such automatic renewals shall, unless
otherwise agreed in a properly-executed writing, be on the same terms and conditions as this
license (except that the amount of the Use Fee may be revised annually, per the provisions of
Paragraph 7, below), and shall be effective only if (i) LICENSEE has submitted to CITY any
required renewal forms, proof of insurance and the full and proper fee for the renewal period,
before the commencement of such new term (i.e., before April 1st), and (ii) the CITY has not
notified LICENSEE, by March 1st, of the CITY’s intention not to renew the license.
5. Notwithstanding any other provisions herein, the License contained herein may be
terminated by LICENSEE, for any reason, upon at least 30 days’ written notice to the CITY. In
the event of such early termination, LICENSEE shall be entitled to a pro-rated refund of the use
May 6, 2015
15
fee, for the unused portion of the term, provided that LICENSEE is in compliance with the
provisions of Paragraph 9, below. Such early termination shall not relieve LICENSEE of its duty
to restore and deliver up the licensed premises as described below.
6. Notwithstanding any other provisions herein, the License contained herein may be
revoked or modified by 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 written
notice to the Licensee that the Superintendent of Public Works, in an oversight capacity to
LICENSEE’S use of CITY Parkland, has determined that LICENSEE has failed to comply with
any substantive term herein, and that LICENSEE has not cured such breach within the notice
period, or (c) upon at least nine months’ written notice to LICENSEE that the CITY’s
Superintendent of Public Works has determined that the licensed premises is required for a
public purpose, or that the Common Council has resolved to so terminate this license.
LICENSEE may appeal a non-emergency revocation or modification (other than by final vote of
the Common Council) to the CITY’s Board of Public Works, but must do so in writing within 15
days of the receipt of the revocation notice. In the event of such early termination (or
modification that affects the amount of land that is licensed), LICENSEE shall be entitled to a
pro-rated refund of the use fee, for the unused portion of the term (or in proportion to the
reduced area), provided that LICENSEE is in compliance with the provisions of Paragraph 9,
below.
7. This Agreement/License shall not take effect until fully executed and until the use
fees set forth below have been received by the City.
Annual Use Fee: The Use Fee for the initial year of this license is $12,727.14.1
A check in this amount, payable to the City of Ithaca, must be submitted to the City
Chamberlain’s office by April 1 of the license year. This Use Fee represents the estimated fair
rental value of the City land in question for the initial year, and is based upon a report by
Pomeroy Appraisal Associates (copy available in the City Clerk’s office) and pro-rated portion of
the assessed value of Stewart Park.
The unimproved City land in question was deemed to be in the “Marine Commercial”
category, and to consist of approximately 18,462 square feet. The fair rental value of such land
was deemed to be $0.43 per square foot; to recover the cost of the appraisal process (over a 5-
year period), the CITY has added 10% to the fair rental value of all licenses and permits for use
of City land, making your total rate $0.47 per square foot.
The licensed premises within the City-owned boathouse is licensed land with
improvements, consisting of approximately 2,810 square feet. The fair rental value of such land
with improvements was deemed to be $1.44 per square foot, based on the assessed value of
the park.
The Use Fee for subsequent years may be adjusted by CITY by an amount up to the
rate of any increase in the consumer price index since the previous year. The Use Fee may be
adjusted to correspond with information from an updated appraisal report (expected to occur
every 5 years); however, if the CITY intends such adjustment based on an updated appraisal
report, LICENSEE shall be so notified by February 1st prior to such adjustment. The Use Fee
may be adjusted at such time as the second floor gym is available for use and shall be pro-rated
to exclude time when the space is unavailable for use.
Notwithstanding any other provisions herein, the CITY hereby reserves the right to
correct the amount of the Use Fee at any time, if the square footage of land occupied by
LICENSEE is found to be different from the amount stated above. In that event, the CITY shall
send a Notice of Correction to LICENSEE, and any additional fee owed (or refund due) as a
result of the correction shall be effective and pro-rated as of the date of such Notice. Likewise,
in the event that the licensed premises are reclassified by Tompkins County as taxable, the full
amount of assessed taxes shall be incorporated into a corrected Use Fee, as of the date such
taxes become due.
Subject to prior written approval of the Superintendent of Public Works upon completion
of all appropriate and necessary approval processes, which approval shall be granted or
withheld in the City’s sole discretion, the Licensee may seek to provide improvements to the
building or land, and may seek a credit against the subsequent year’s Use Fee in that dollar
amount approved in the sole discretion of the Board of Public Works, based primarily upon
amounts paid out of pocket by the LICENSEE or value of work performed or materials supplied
by the LICENSEE, as to the valuation of which the Board may require LICENSEE to submit an
independent estimate, to provide improvements to the building or land, but only insofar as said
improvements are deemed, by a vote of the Board of Public Works, to better the building or land
in a manner consistent with the City’s long-term interest in the building and land, and not merely
1 Total assessed value of park ($11,250,000) divided by the square footage of park (7,805,516.4) multiplied by
square footage of leased boathouse area (2,810) = $4,050. When added to $8,677.14 for land area (based on
Pomeroy Associates appraisal), $12,727.14 total is achieved.
May 6, 2015
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to the contemporaneous benefit of the Licensee. The Licensee shall submit proposed
improvements in writing to the City.
Utility Fees: LICENSEE hereby agrees to pay an additional $920 per year, representing
the estimated Stewart Park Boathouse utilities. Said $920 is comprised of an estimated $650 for
electricity and an estimated $810 for water, of which CBC is responsible for an estimated one-
third of said water charge, or $270, subject to adjustment of the water charge component in the
Superintendent of Public Works' sole discretion if temporary metering installed at the City's
option indicates an alternative estimated proportion of usage based on hours of usage
measured. LICENSEE’s failure to pay this estimated utility charge shall constitute a failure to
comply with a substantive term of this license and shall be grounds for the CITY to revoke or
modify the license.
8. LICENSEE hereby agrees to maintain the licensed premises in a safe, sound, clean
and serviceable condition, in accordance with all applicable ordinances of the CITY and such
that no hazard is posed to the public from the public’s use of or proximity to said premises, and
to repair or remove any unsafe or improper structure or thing thereupon, placed, constructed or
caused by the Licensee, as directed by the CITY. In the event of LICENSEE’s failure to effect
such repair or removal, after notice from CITY to do so, CITY may carry out the same and
charge LICENSEE and its benefited property for such cost (plus a 25% administrative charge).
Notwithstanding other provisions of this paragraph, LICENSEE shall not be responsible for lawn
mowing or repairs to the City owned structures, namely the Cascadilla boathouse, except for
broken windows adjoining the licensed area, as to which causation of the breakage shall be
irrelevant to this provision, and as to which LICENSEE shall pay the City’s full cost, including
labor and materials, of repair or replacement at the City’s option, plus a 25% markup for
overhead, provided, however, that the City shall endeavor to provide ten days’ opportunity to the
LICENSEE during which LICENSEE may at its own expense directly execute the required repair
so long as LICENSEE has within 24 hours of provision of notice boarded up any openings in the
broken window.
LICENSEE agrees not to store boats or other equipment on land outside the boathouse,
except that licensee may store boats in current use on storage racks and trailers in current use
in those locations identified in Exhibit C hereto. In the event of LICENSEE’s failure to follow this
provision, the CITY may, without notice, remove LICENSEE’s property, effect necessary
repairs, and charge the LICENSEE for such cost plus a 25% administrative charge.
With respect to trash and refuse removal, including but not limited to any plastic bottles,
cups, towels, socks or other clothing, left on the grounds of the licensed premises, LICENSEE's
failure to remove all trash or refuse and keep the licensed premises in a tidy and clean condition
shall be a violation of LICENSEE's obligations under this paragraph. LICENSEE shall be liable
for a penalty of $40 for the first violation at the licensed premises within a twelve-month period,
$60 for a second violation within a twelve-month period, and $100 for a third or subsequent
violation within a twelve-month period. Such penalties shall be added to any charges imposed
by the CITY for costs of removal plus the 25% administrative charge.
Within three months of the annually-recurring anniversary of the commencement date,
LICENSEE and the CITY agree to conduct a joint walk-through of the boathouse, together
documenting the building condition as the parties mutually see fit.
9. LICENSEE hereby agrees that it is LICENSEE’s duty, at the end of the term (in the
absence of timely renewal thereof) or in the event of other termination of the License, to deliver
up the licensed premises in as good order and condition as they were at the commencement of
the License (reasonable use and wear excepted), unless the CITY agrees in writing to accept
the premises in a different condition. Unless otherwise agreed to by the CITY, such delivery
shall include removal of any debris and any structures installed by LICENSEE. Any damage to
the premises or any debris remaining thereupon at such time shall be presumed to have been
caused by LICENSEE. In the event of the failure of LICENSEE to effect the required
restoration, within ten (10) days of the date of written notice from the CITY, or the end of the
term, whichever is later, the CITY may thereafter cause the restoration to occur and may
subtract the cost thereof from any pro-rated refund due to LICENSEE and/or may assess the
cost thereof (plus 25%) against LICENSEE and its benefited property.
10. LICENSEE hereby agrees to indemnify and hold the City and its officers and
employees harmless from any loss, injury or damage arising out of the occupancy or use of the
Licensed property, by LICENSEE or its servant or agent, or—with respect to internal portions of
the building licensed to Licensee—by any member of the public, or from any negligence or fault
of said LICENSEE or its servants or agents in connection with the maintenance of the afore-
mentioned Licensed property, or the failure to maintain the same in good repair and safe
condition, including attorneys fees and court costs, provided, however, that nothing in this
paragraph shall apply to loss, injury or damage arising directly and proximately from actions or
omissions of the Ithaca Youth Bureau or its servants or agents insofar as they are serving a
May 6, 2015
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purpose of the Ithaca Youth Bureau. LICENSEE acknowledges that it will likewise hold the City
harmless from any costs the City may incur, including legal fees, due to any claims which may
arise out of LICENSEE’s obstructing, encumbering or occupying any portion of the public area
of any adjacent street, including the sidewalk.
11. LICENSEE hereby agrees to keep the licensed premises insured at all times, in the
amount of at least $1,000,000 per occurrence, $2,000,000 general aggregate for personal injury
liability and $5,000,000 in excess general liability, to list the City as an additional insured under
said insurance policy, and to provide written proof of such insurance from the insurer, at the
time of execution of this agreement, by the time of the annual anniversary of said original
execution if this License is to be renewed, and as may be otherwise required by the City.
12. In the event of the expiration and non-renewal, or termination, of this License, failure
of the LICENSEE to vacate the formerly licensed premises at that time may result in substantial
penalties, pursuant to the Municipal Code of the CITY.
13. The LICENSEE may not assign, transfer, or sublicense this License. The
LICENSEE accepts responsibility for, and hereby commits to observe and enforce, all
mandatorily-applicable safety regulations pertaining to LICENSEE’S activities on the licensed
premises.
14. Licensee shall not discriminate against any employee, applicant for employment,
contractor or subcontractor, 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.
15. Licensee hereby agrees that if any clause, sentence, paragraph, section, or part of
this license or its authorizing resolution, or the application of any of the aforesaid to any person
or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid,
unenforceable, or otherwise contrary to applicable law, such judgment shall not affect, impair or
invalidate the remainder thereof, or the application thereof to any otherwise unimpacted person
or circumstance, but shall be confined in its operation to the clause, sentence, paragraph,
section, or part thereof directly involved in the controversy in which such judgment shall have
been rendered, it being the intent of LICENSEE and CITY to preserve the terms of this license
to the greatest extent permitted by applicable law.
16. All notices provided for herein shall be sent to CITY at the address set forth above
(in care of the City Chamberlain), or to LICENSEE (or any subsequent owner or person, as
described above) at the address set forth above, or at any other address provided in writing to
CITY by LICENSEE.
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of
the day and year first above written.
NOTE: Exhibits A, B, C were not included in the minutes.
9.2 Planning – Replacement of Stone Sidewalk in East Hill Historic District -
Resolution
By Alderperson Fleming: Seconded by Alderperson Smith
WHEREAS, 218 and 220 Eddy Street are located in the East Hill Historic District, as
designated under Section 228-3 of the City of Ithaca Municipal Code in 1988, and as
listed on the New York State and National Registers of Historic Places in 1986; and
WHEREAS, 218 and 220 Eddy Street are fronted by stone sidewalks, also referred to
as flags, flagging or slate, which have been recognized as a character-defining feature
of Ithaca’s historic districts in The City of Ithaca Historic District and Landmark Design
Guidelines; and
WHEREAS, sidewalks are considered a city-owned improvement under the City of
Ithaca Sidewalk Program; and
WHEREAS, any changes to city-owned improvements within an historic district are
subject to the provisions of the City of Ithaca Landmarks Preservation Ordinance under
Section 228-12A, and
May 6, 2015
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WHEREAS, The Ithaca Landmarks Preservation Commission (ILPC) received an
application for a Certificate of Appropriateness, dated February 2, 2015, from Eric
Hathaway, Sidewalk Program Manager, on behalf of the City of Ithaca, for the
replacement of the above noted stone sidewalks with concrete; and
WHEREAS, after a public hearing for the purposes of considering the proposal on
March 10, 2015, the ILPC determined at its regularly scheduled meeting on April 14,
2015, that the proposal would result in the significant loss of distinctive historic materials
and features that characterize 218 and 220 Eddy Street and the East Hill Historic
District, and would have a substantial adverse impact on the aesthetic, historical, or
architectural significance of these properties and this district; and
WHEREAS, the ILPC denied the application for a Certificate of Appropriateness on April
14, 2015 and determined that replacement in-kind (with stone) could be approved; and
WHEREAS, if the cost of an action required by the ILPC would exceed by 20% or more
the cost of the action if not regulated by the ILPC, the Common Council reserves the
right to determine whether compliance with the ILPC requirements are prudent and
feasible in light of competing public interests under Section 228-12B of the City of Ithaca
Municipal Code; and
WHEREAS, the upfront cost of replacing the stone sidewalks fronting 218 and 220 Eddy
Street in-kind is 20% more than replacing the same section with concrete; now,
therefore be it
RESOLVED, That Common Council has considered the following competing public
interests:
The preservation of historic, aesthetic and cultural resources. The stone
sidewalks fronting 218 and 220 Eddy Street are character defining features of
these properties and the East Hill Historic District and are, therefore, protected
under the Landmarks Preservation Ordinance.
The responsible allocation of the city’s financial resources. The cost to replace
the section of sidewalk fronting the properties in question with concrete is
$4,897.50; the cost of replacement with stone is $17,250. The allocation of
$17,250 of the Sidewalk Program’s budget to replace this section of sidewalk
would result in fewer sections of sidewalk being replaced in Sidewalk District 2
during this fiscal year.
The accessibility of city-owned improvements for individuals with disabilities. The
existing sidewalk is not ADA compliant.
RESOLVED, That Common Council determines that the proposal meets criteria for
review under Section 228-12B of the Municipal Code; and, be it further
RESOLVED, That, based on the considerations set forth above, compliance with ILPC
requirements for in-kind replacement of the stone sidewalks fronting 218 and 220 Eddy
Street would not be prudent and feasible, and, be it further
RESOLVED, That Common Council approves the replacement of the stone sidewalks
fronting 218 and 220 Eddy Street with concrete as proposed in the Application for a
Certificate of Appropriateness under Section 228-12B of the Municipal Code.
Discussion followed on the floor with Council members sharing their opinions about
slate sidewalks vs. concrete sidewalks in terms of cost effectiveness, safety and
accessibility concerns, maintenance issues, and the historic significance and longevity
of slate.
City Attorney Lavine stated that the City is responsible for sidewalk replacements;
however, the sidewalk policy is agnostic. The City can build/replace any kind of
sidewalk it wants to, leaving the cost factor to consider.
May 6, 2015
19
Historic Preservation Planner McCracken spoke about the life span of stone sidewalks.
He noted that stone sidewalks have not been installed in the City in over 100 years, yet
they still exist. He stated that any slate sidewalks installed now would likely last that
long. He explained that snow, ice, grass can infiltrate stone sidewalks and cause them
to crack, and that proper sidewalk maintenance is important. He urged Common
Council members to maintain the historic significance of the slate sidewalk as it would
become a representative tool that would illustrate what the historic district looked like
100 years ago.
A vote on the Resolution resulted as follows:
Ayes (5) Clairborne, Brock, Fleming, Smith, Mohlenhoff
Nays (5) McGonigal, Murtagh, McCollister, Kerslick, Martell
Failed (5-5)
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Canopy Hotel Project, Approval of Sale Agreement of 320-324 East State
Street/Martin Luther King, Jr. Street to Lighthouse Hotels LLC - Resolution
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, Lighthouse proposes to construct a $19 million, seven-story, 123-room
Canopy by Hilton hotel along with an approximately 2,000 square foot commercial lease
space on a project site located north of the Carey Building on parcels currently used for
public and private surface parking on the 300 block of East State Street/Martin Luther
King, Jr. Street (Urban Renewal Project), and
WHEREAS, Lighthouse seeks to acquire property located at 320-324 East State
Street/Martin Luther King, Jr. Street (tax parcels #69.-1-3 and #69.-1-6.2) to undertake
the Urban Renewal Project, and
WHEREAS, on June 26, 2014 the Ithaca Urban Renewal Agency (IURA) designated
Lighthouse Hotels LLC (Lighthouse) as a “qualified and eligible sponsor”, pursuant to
§508 of General Municipal Law, to acquire property from the IURA to undertake an
urban renewal project for an in-fill urban hotel project on the 300 block of East State
Street/Martin Luther King, Jr. Street, subject to certain project requirements, and
WHEREAS, on November 5, 2014, the Common Council for the City of Ithaca
authorized transfer of real property located at 320-324 East State Street/Martin Luther
King, Jr. Street (tax parcel #69.-1-6.2) to the IURA for the purpose of structuring a
proposed sale agreement for an Urban Renewal Project subject to approval by the
Common Council following a public hearing, and
WHEREAS, an appraisal conducted by Midland Appraisal Associates, Inc. concludes
the fair market value of the property located at 320-324 East State Street/Martin Luther
King, Jr. Street is $1,800,000, and
WHEREAS, on January 27, 2015 the City of Ithaca Planning & Development Board,
acting as Lead Agency in the environmental review, determined that the proposed
Urban Renewal Project, including the conveyance of 320-324 East State Street/Martin
Luther King, Jr. Street, will result in no significant impact on the environment and issued
a Negative Declaration in accordance the City of Ithaca Environmental Quality Review
Ordinance, and
WHEREAS, the project site is located within the City of Ithaca Urban Renewal Project
Boundary area, and
WHEREAS, the primary objective of the Ithaca Urban Renewal Plan for this urban
project is to improve the social, physical, and economic characteristics of the project
neighborhood; and
WHEREAS, on March 26, 2015, the IURA found that the proposed project by
Lighthouse Hotels LLC for construction of a 123-room hotel project, subject to the
attached sale agreement term sheet, dated March 26, 2015, will improve the social,
May 6, 2015
20
physical and economic characteristics of the downtown neighborhood thereby furthering
the goals and objectives of the Urban Renewal Plan, and
WHEREAS, on March 26, 2015, the IURA authorized sale of the property located at
320-324 East State Street/Martin Luther King, Jr. Street to Lighthouse Hotels LLC to
undertake the proposed Urban Renewal Project in conformance with the attached Term
Sheet and subject to Common Council approval, and
WHEREAS, under §507 of Article 15 of General Municipal Law, the IURA is authorized
to sell real property to a “qualified and eligible sponsor” subject to Common Council
approval following a public hearing, and
WHEREAS, a public hearing notice was published in the March 30, 2015 edition of the
Ithaca Journal disclosing the essential terms of the proposed sale and a public hearing
was held on April 8, 2015; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby approves the IURA-
proposed sale agreement of 320-324 East State Street/Martin Luther King, Jr. Street to
Lighthouse Hotels LLC in conformance with the attached Term Sheet, dated March 26,
2015, and be it further
RESOLVED, That the net proceeds from sale of tax parcel #69.-1-6.2 shall be paid to
the City of Ithaca.
Discussion followed on the floor regarding the removal of the three 15-minute loading
spaces for the public and designating them for specific use by the Community School of
Music & Arts (CSMA), the Carey Building, and the Canopy Hotel.
Community Development Director Bohn addressed the challenges of removing property
rights while asking full price for the site. He noted that the loading spaces would still be
open to the public, ie: customers of the Canopy Hotel, Carey Building, and the CSMA
would be able to temporarily park there. He further stated that the proposed housing
project across the street raised additional concerns about increased parking pressure
for those parking spaces.
Alderperson Clairborne reviewed the terms and distribution of proceeds from the sale of
the property. He further noted that the housekeeping staff will be paid $10.50 per hour
and that the wage is tied to minimum wage, not Ithaca’s living wage.
Common Council made minor amendments to the language in the following categories
of the Term Sheet: Participation in IURA- sponsored job training programs and
Purchase Financing
Further discussion followed regarding the hotel’s parking needs in addition to its loading
space needs, and the parking demand that will be placed on the current parking
garages as development continues in the downtown core.
A vote on the Resolution resulted as follows:
Carried Unanimously
Term Sheet
Canopy Hotel Property Sale Agreement
Type of Disposition: Sales contract for fee simple ownership
Seller: Ithaca Urban Renewal Agency
Purchaser: Lighthouse Hotels LLC
Property: 320-324 East State Street/Martin Luther King, Jr. Street, Ithaca, NY
(tax parcels #69.-1-3 and #69.-1-6.2)
May 6, 2015
21
Purchase Price: One Million Eight Hundred Thousand US dollars ($1,800,000)
Future Use: An approximately 120-room hotel and 2,000 square foot commercial
lease space
Job Creation:
Creation and maintenance of at least 33 full-time equivalent (FTE)
jobs
Wages/Salaries:
Living Wage Positions – Creation and maintenance of a
minimum of 16 full-time employment positions paid at least a
“living wage” as defined by AFCU (currently $12.62/hour
including employer paid health insurance benefits) and as such
“living wage” changes from time to time.
Housekeeping Staff – Each employee in the housekeeping
department to be paid at least 120% of the State minimum
wage, as such minimum wage changes from time to time (NYS
minimum wage is currently $8.75/hour).
Employment &
Wage Reporting:
Quarterly employment and wage reporting shall be submitted
quarterly to Seller for five (5) years.
If Purchaser in full compliance with employment, wage and job
training commitments for three (3) consecutive years as
determined by Seller, Purchaser shall be released from further
quarterly employment and wage reporting.
Thereafter, Purchaser shall annually certify to Seller compliance
with wage requirements throughout the first 20 years of
operation of the hotel.
Hardship
Modification:
Purchaser may apply to Seller for a modification to the number of
FTE jobs to be created, the number of full-time living wage jobs to
be created and the job training requirements based on
demonstrated economic hardship. Required minimum wages for
housekeeping staff is not subject to a hardship modification.
Urban Design:
Canopy Hotel Term Sheet
Prohibit use of the following exterior building façade materials
unless approved by the Planning & Development Board:
o EIFS, such as “Dryvit” or other stucco-like finishes
o Concrete masonry units, including split face cement
block
Mitigation of loss
of public parking
Publicly designate three (3) 15-minute loading spaces for use
by the Community School of Music and Arts (CSMA), the Carey
Building, and the Canopy Hotel and remove barriers on the
project site that prevent an ADA accessible route from the
loading spaces to the CSMA building elevator entrance.
Participation in
IURA-sponsored
job training
programs:
Offer the hotel as a job training site for participants in the
Hospitality Employment Training Program (HETP). The hotel
shall make at least one on-the-job training opportunity available
per year for each of the first 5 years of operation of the hotel.
Such training opportunity shall require no out-of-pocket expense
to be paid by the hotel.
Provide hotel job listings to the IURA of entry-level jobs
available for initial hiring for the hotel when posted by the hotel.
The IURA will distribute employment postings to appropriate
IURA-sponsored job training and placement programs.
May 6, 2015
22
Conditions for
Sale:
Acquisition of adjacent parcel – within 10 days of the date of the
purchase agreement, submit proof of binding site control of the
adjacent parcel #69.-1-8 that is necessary for construction of
the proposed project.
Site Plan approval – within 180 days of the date of the purchase
agreement, submit proof of final site plan approval.
Building Permit issuance – within 365 days of date of the
purchase agreement, submit proof of building permit at least
authorizing construction of the full foundation.
Project financing – within 365 days of the date of the purchase
agreement, submit proof of financing and equity sufficient to
construct the project.
Deposit:
$25,000, of which $10,000 is a nonrefundable deposit.
Purchase
Financing:
Loan amount: $1,375,000
Term: 255 months (20 years + 15-month construction period)
Repayment: Interest-only payments for 15 months, then level
monthly payments to fully amortize the loan over 240 months.
No prepayment penalty for partial or full prepayment of the loan.
Interest Rate: City’s cost of funds plus 20 basis points (note:
3.15% as of 3/5/15)
Rate Adjustment: Every 5 years during amortization period
Interest Rate Index (City’s cost of funds): Yield rate on a AA tax-
exempt bond as reported on the Market Card published by
BMO Capital Markets at www.bmocm.com/research. The initial
index rate shall be based on a 20-year AA tax-exempt yield
(note: 2.95% as of 3/5/15). The applicable index at each rate
adjustment shall equal the yield rate on the AA tax-exempt
bond for a term equal to the remaining term of the amortizing
loan at the time of rate adjustment.
Collateral: 2nd mortgage lien on project property
Financial Guarantors: Satisfactory unlimited personal financial
guarantees from Neil H. Patel, Hitesh Patel, Vinodbhai Patel,
Amit Patel and Jayesh Patel.
In the event of a default after notice and a cure period, the
interest rate will increase by 100 basis points until the default is
remedied.
End
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Alderperson Clairborne - Endorsing the Development and Submission of a
Single, Countywide, Government Efficiency Plan to New York State and
Establishing Tompkins County as Lead Entity in the Development of Said Plan –
Resolution
By Alderperson Clairborne: Seconded by Alderperson Smith
WHEREAS, the State of New York enacted legislation creating a Property Tax Freeze
Credit as a part of the 2015 State Budget; and
WHEREAS, said new legislation encouraged local governments to generate long-term
property tax relief by sharing services, consolidating or merging, and implementing
operational efficiencies; and
WHEREAS, the law provides a “Freeze Credit” to qualified homeowners that is equal to
the increase in property taxes levied by a taxing jurisdiction that limits any increase in its
tax levy to a property tax cap set by State law and develops and implements a
Government Efficiency Plan (“Plan”) determined to be compliant by the New York State
Division of Budget; and
May 6, 2015
23
WHEREAS, to be determined compliant by the State, that Plan must document actions
that have been, or will be, taken that will result in a sustained three-year savings,
beginning in 2017, that are equivalent to at least 1% of the combined 2014 property tax
levies of all signatories to the Plan; and
WHEREAS, in Year One of the program, homeowners received a Freeze Credit if their
local government stayed within the property tax cap; and
WHEREAS, in Year Two of the program, homeowners will receive the Freeze Credit for
taxes from any taxing jurisdiction that stays within the property tax cap and that also
puts forward a compliant Plan; and
WHEREAS, while allowing local governments to submit individual Plans, the State has
encouraged local governments to submit a single, countywide Plan that achieves a
savings of at least 1% of the combined property tax levies of all of the participants; and
WHEREAS, the State will recognize only savings associated with actions implemented
after January 1, 2012; and
WHEREAS, prior to 2012, local governments in Tompkins County pioneered shared
services, mergers, and consolidations including the centralization of the property tax
assessment function, a fully consolidated public safety dispatch and interoperable
communication system, a consolidated public transit system, a two-county community
college, a wastewater treatment plant, a recreation partnership, and, most recently, an
intermunicipal health benefits consortium that continue to generate multiple millions of
dollars in annual savings for taxpayers within Tompkins County; and
WHEREAS, in response to the State’s directive, the Tompkins County Council of
Governments (TCCOG) formed a shared services committee that continues to explore a
variety of prospective shared services, but recognizes that time and careful thought is
required to ensure that any shared-service initiative will result in lower costs and higher
quality; and
WHEREAS, it is now estimated that savings well in excess of 1% of the $88.4 million
levied by all local governments within Tompkins County in 2014, including the County
itself, will be achieved and sustained during the period 2017-2019 by a combination of
savings associated with a dependent eligibility certification process undertaken by every
municipal member of the Health Benefits Consortium and changes made by Tompkins
County to the cost structure of its health-benefit plan; and
WHEREAS, additional efficiencies may be identified by participating municipalities that
also may be included in a countywide plan; and
WHEREAS, in a resolution enacted April 23, 2015, TCCOG found that a consolidated
countywide Plan that documents savings in excess of 1% of the combined 2014
property tax levies of all local governments within the County is the most efficient and
effective way to respond to the State’s directive and has therefore endorsed the
development and presentation of a single countywide Government Efficiency Plan that
includes all local governments within Tompkins County; now, therefore be it
RESOLVED, That the City of Ithaca Common Council endorses the designation of
Tompkins County as lead entity in the development and submission of the Government
Efficiency Plan and agrees to be a signatory to that Plan.
Alderperson Brock requested that a copy of report be sent to Common Council upon
completion.
A vote on the Resolution resulted as follows:
Carried Unanimously
MAYOR’S APPOINTMENTS:
14.1 Appointment to the Ithaca Housing Authority Board – Resolution
By Alderperson Smith: Seconded by Alderperson McGonigal
RESOLVED, That Jennifer Curley be appointed to the Ithaca Housing Authority Board
to replace Donald Byrd with a term to expire October 17, 2017, and, be it further
May 6, 2015
24
Appointment to Disability Advisory Council – Resolution
RESOLVED, That Heath Dragovich be appointed to the Disability Advisory Council to fill
a vacancy with a term to expire June 30, 2016, and, be it further
Appointments to Shade Tree Advisory Committee – Resolution
RESOLVED, That Laurene Gilbert be appointed to the Shade Tree Advisory Committee
to fill a vacancy with a term to expire December 31, 2016, and, be it further
RESOLVED, That Paul Paradine be appointed to the Shade Tree Advisory Committee
to fill a vacancy with a term to expire December 31, 2017.
Carried Unanimously
14.4 Appointment to Planning & Development Board – Resolution
RESOLVED, That Matthew F. Johnson be appointed to the Planning and Development
Board to fill a vacancy with a term to expire on December 31, 2015.
This item was withdrawn from the agenda.
REPORT OF CITY CLERK:
IURA Public Hearing Announcement:
City Clerk Holcomb read the following announcement for the record:
Public Hearing Announcement
2015 Community Development
Block Grant
and
Home Investment Partnership Program
On behalf of the City of Ithaca, the Ithaca Urban Renewal Agency is announcing the
beginning of the selection process for projects that will be funded by the 2015
Entitlement Grant round. Approximately $670,000 in Community Development Block
Grant funds and $368,000 in HOME funds are expected to be available. All funded
projects must meet HUD National Objectives and primarily benefit the City’s low-income
residents.
Copies of all submitted applications for funding are available for review on the Ithaca
Urban Renewal Agency web page at www.ithacaura.org,
The second of two public hearings for the grant is scheduled for May 13, 2015 at 6:00
p.m. in Common Council Chambers. The entire schedule of public meetings can be
found on the Ithaca Urban Renewal Agency web page.
For more information, please contact:
Ithaca Urban Renewal Agency
108 East Green Street, 3rd floor
Ithaca, NY 14850-5690
Phone (607) 274-6553
E-mail: ltruame@cityofithaca.org
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the April 4, 2015 Common Council Meeting Minutes- Resolution
By Alderperson McCollister: Seconded by Alderperson Smith
RESOLVED, That the minutes of the April 4, 2015 Common Council meeting be
approved as published.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 10:00 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Deborah Mohlenhoff
City Clerk Acting Mayor