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HomeMy WebLinkAboutMN-CC-1995-11-01COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting7:00 p.m. November 1, 1995 PRESENT: Mayor Nichols Alderpersons (10) - Booth, Johnson, Efroymson, Schroeder, Thorpe, Sams, Mackesey, Shenk, Hanna, Gray OTHERS PRESENT: City Attorney - Guttman City Clerk - Conley Holcomb City Controller - Cafferillo Deputy City Controller - Thayer Planning and Development Director - Van Cort Deputy Planning and Development Director - Sieverding Building Commissioner - Eckstrom Superintendent of Public Works - Gray Fire Chief - Wilbur Board of Public Works Commissioner - Reeves PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of the Minutes of the September 6, 1995 Common Council Meeting By Alderperson Shenk: Seconded by Alderperson Gray RESOLVED, That the Minutes of the September 6, 1995 Common Council meeting be approved, with the correction as noted by Alderperson Booth on Item 17.2. Carried Unanimously Approval of the Minutes of the October 4, 1995 Common Council Meeting Approval of the Minutes of the October 4, 1995 Common Council meeting was postponed until the December 6, 1995 meeting. Approval of the Minutes of the October 9, 1995 Special Common Council Meeting By Alderperson Schroeder: Seconded by Alderperson Johnson RESOLVED, That the Minutes of the October 9, 1995 Special Common Council meeting be approved as published. Carried Unanimously Approval of the Minutes of the October 25, 1995 Special Common Council Meeting Approval of the Minutes of the October 25, 1995 Special Common Council meeting November 1, 1995 was postponed until the December 6, 1995 meeting. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Executive Session Mayor Nichols requested the addition of an Executive Session to discuss possible acquisition of land. No Council member objected. Planning Committee Alderperson Schroeder requested a brief discussion regarding which Standing Committee should pursue the issue of postering. No Council member objected. Budget and Administration Committee Mayor Nichols requested the addition of Item 15.9, Local Law # - 1995, Re-establishing the 90 day Time Period of the Retirement Incentive Program. No Council member objected. YOUTH AWARD: Mayor Nichols noted that the Third Ward Alderpersons will present a joint Youth Award at the December 1995 Common Council meeting. MAYOR'S APPOINTMENTS: Rental Housing Advisory Commission Mayor Nichols requested Council approval for the appointment of Kurt Johnson, 530 Hudson Street, to the Rental Housing Advisory Commission, with a term to expire December 31, 1995. Resolution By Alderperson Shenk: Seconded by Alderperson Efroymson RESOLVED, That this Council approves the appointment of Kurt Johnson to the Rental Housing Advisory Commission with a term to expire December 31, 1995. Carried Unanimously Bicycle Advisory Council Mayor Nichols requested Council approval for the appointment of Sandy Wold, 207 Cleveland Avenue, to the Bicycle Advisory Council with a term to expire December 31, 1997. Resolution By Alderperson Johnson: Seconded by Alderperson Efroymson RESOLVED, That this Council approves the appointment of Sandy Wold to the Bicycle Advisory Council with a term to expire December 31, 1997. Carried Unanimously COMMUNICATIONS: Mayor's Budget Message Mayor Nichols read the following Budget Message into the record: The preparation of a budget that meets the need for providing essential services without an excessive increase in the property- tax rate has been a daunting task. We have done what we can, the decisions are now in your hands. To start with, thanks to Governor Pataki, we have had to absorb a cut of $145,000 in promised State aid, which in itself would have been only a partial restoration of previous cuts. Just to make-up for that cut would require an increase of 2% in the property-tax rate. In addition as a result of reductions in the assessed value of some property in the City, we would need to raise the property-tax rate in 1996 by 2% just to achieve the same property-tax revenue that we received this year. To add to our problems, thanks to Mr. Gingrich's contract on us, the loss in federal operating assistance for public transit is equivalent to about another 1% change in the property-tax rate. November 1, 1995 The majority of Ithacans did not vote for Governor Pataki, or for a Republican representative to the Gingrich-congress. We did not endorse the idea of making cuts in the income tax paid by the most wealthy, while reducing support for cities and human needs. The burden placed on the property tax is unfair and unwise. However, we must live with what we've got. It is important that in these difficult times we pull together to cope with the effects that these cuts have imposed on us. Thus the budget which I am presenting for your consideration needs to be considered by more than just the members of Council. I am asking members of Council to call together one or more public meetings in their wards so that everyone can have the opportunity to more fully understand our options and have a voice in setting priorities. I will attend every such meeting to answer questions and listen. In this message I will mention just a few of the choices that can be considered. The overall budget is comprised of a General Fund, water and sewer funds, and a solid waste fund. Property taxes go to balance the General Fund. The other funds are balanced by user fees. To meet the requests of department heads in the general fund would have required an increase in the property-tax rate of about 30%. Built into those requests are increases in salary that have been previously negotiated in all but one union contract. They do not include possible increases for employees in the CSEA Administrative Unit or for those not covered by contracts. We have recommended that the pay equity study be a component of that potential salary adjustment. We have had to cut the department requests sharply. While there are no contemplated layoffs, we have cut our work force by voluntary retirements, and we have approved only one new position (a bus driver for the Cornell-downtown shuttle). We have incorporated only an amount equal to 2.5% (the current CPI) for those employees not covered by contract. Additionally proposed increases in our health program required a 10% funding adjustment, $200,300, in the General Fund. To meet the basic needs of the departments in the general fund, we are recommending an increase of 4% in the property-tax rate. The increase in the property-tax rate will mean an increase of about $33 in city tax for a property assessed at $100,000. We are also recommending an increase in the cost of hourly and permit parking in the ramps and lots (an increase in the hourly rate from 35 cents to 40 cents), and an increase of 10 cents in the bus fare for Ithaca Transit to make up for the loss of federal aid. In this general fund budget we have maintained the funding for youth services, for GIAC, for the Southside Center, for human service agencies and for community organizations. We have also included a small sum in contingency reserve to support projects of neighborhood groups. The choices faced by Council and the community are difficult. There are options that we have not chosen to recommend at this time. Let me list a few. To decrease the property tax rate by even 1% would require the layoff of three public works or youth workers. To keep the bus fare at the current rate would require an additional 1% increase in the property-tax rate. An alternative that would mean only half of that increase would be to keep the fare at 50 cents but not give the quantity discount of 5 tokens for $2. There have been strong cases made for increasing the number of paid firefighters, for a tree trimmer, and for an engineer. Adding one firefighter on each shift would mean an additional increase of at least 2% in the property-tax rate. We have been able to keep the property-tax rate increase to as low as 4% by increasing the appropriated fund balance by using $150,000 of the income from the sale of the Green Street property under the ramp (we have set aside $25,000 in reserve contingency for downtown improvements) as well as the income of $91,000 from November 1, 1995 the sale of the BT Glass Building. A sum of $60,500 comes from the set aside that we can now use as a result on the reinstatement of the aggregate funding method in the State Retirement System. The additional voluntary contribution from Cornell which this year adds about $200,000 is one budget item that will continue and increase. However, the prospects for future years will require every department to examine its programs for greater efficiency or new ways of doing things. We will use the commitment of the elected officials in the metropolitan area to work together to achieve an Economic Cooperation Zone as a basis for added revenues. Our new relationship with Cornell will be integral to the development of that effort as well as many other areas where we can work together for an improved economic climate. However, unless we see a change in commitment to the needs of cities at the State and Federal levels, we will be in trouble. I hope that Council and citizens will join with me in letters to Governor Pataki and Republican members of Congress asking that the needs of cities and working people come before cuts in income tax for the wealthy. Let me move on to the water and sewer budgets. They are increasing as we face the need for replacing our ancient water and sewer pipes and for making large needed improvements in our water plant. We are taking advantage of the opportunity, presented by the State's octopus project to do major work in that area, to save costs in the renovation of the system in the West End. The water and sewer budgets will be balanced by an increase of 10% in the water rate and 5% in the sewer rate. For the average family, this will mean an increase of about $4 in the quarterly water and sewer bill. Even with these increases, the cost of water and sewer services in the City will be less than in surrounding communities. We are making sound investments in the infrastructure that will serve our residents for many years to come. We are recommending no increase in trash-tag fees. The solid waste budget is decreasing as the volume of garbage and the sale of trash-tags continues to decline. The program will be revised in the next year to reduce the pick-up costs required for the smaller volume. We will review the situation after three months. Our City will not stand still. While being fiscally responsible in the present, we must continue to invest in the future. We are proposing a number of capital projects in the General Fund. However, the total is much less that in previous years. This year we will working on projects authorized in previous years and not yet completed. We are paying off three debt issues for projects not undertaken, such as the Giles Street bridge, because we now anticipate State funding through the Transportation Improvement Program. The recommended projects include $100,000 for West State Street improvements, $106,000 for Computer Networking Systems, $81,000 for Fire Department purposes, $145,000 for Cass Park ballfield lighting replacement, $72,000 for Frosh Alley restoration, and $20,000 for new trash and recycling bins. These and several others have survived initial scrutiny but each should be considered on its merits by the community and Council. The Controller has done yeoman work in pulling together all available numbers in time for this presentation. In spite of the pain associated with either not submitting or cutting their desired items, Department Heads have understood the need and cooperated. Now it is up to you to decide on the budget that we will live with in the coming year. We need to make these hard choices together. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Relocation of the Department of Social Services November 1, 1995 The following people addressed Council in support of the Memorandum of Understanding between the City and Tompkins County relating to the possible relocation of the Department of Social Services, and other County offices to a downtown location: Ms. Theresa Alt, 206 Eddy Street, Fourth Ward Candidate Mr. Joe Daley, 218 South Albany Street Ms. Jane Marcham, 414 East Buffalo Street, Fourth Ward Candidate Ms. Susan Blumenthal, Chair of the Downtown Revitalization Leadership Committee Stop Wal-Mart Campaign Mr. Tim Allen, 213 N. Corn Street, addressed Council regarding the Stop Wal-Mart campaign. He stated that although the proposed Wal-Mart development did not comply with the current zoning ordinance, the issue raised awareness about what people felt was inappropriate zoning in the City. He further stated that citizens would like to see a permanent preventative solution to these inappropriate development proposals. RESPONSE TO THE PUBLIC: Wal-Mart Development Proposal Alderperson Booth stated that in his opinion, a major site on the City's largest road, served by public infrastructure, is not an inappropriate location for commercial development. He further stated that he feels that if the State of New York believes that the protection of view sheds from State Parks mandates the exclusion of development, then it is the State's obligation to spend the money necessary to accomplish that. He believes that it is not the responsibility of City government to protect all views from a State Park that is immediately adjacent to a city. Alderperson Schroeder stated that he believes it is very appropriate to review the zoning of the proposed Wal-Mart site because there were questions that were never resolved regarding where the zoning line actually is. He feels that it is incumbent on Common Council to resolve that ambiguity at the appropriate time, and given some of the environmental issues raised, he thinks it is appropriate for Common Council to consider those in terms of zoning. City/Tompkins County Memorandum of Understanding Alderperson Efroymson responded to the comments made regarding the relocation of the Stewart Avenue parking meters to the proposed DSS site. He stated that the Memorandum of Understanding specifically requests that the City not place additional parking meters in that area. Alderperson Efroymson further stated that he agrees with Ms. Blumenthal comments regarding helping displaced businesses. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Commissioner Reeves reported to the Council on the following matters: The current rate for water is $1.40 per 100 cubic feet, and will be increased to $1.54 per 100 cubic feet in 1996. The current rate is $1.62 per 100 cubic feet, and will be increased to $1.70 per 100 cubic feet in 1996. The Board passed a resolution for amendment #2 to the contract with Stearns and Wheler regarding the Ithaca Wastewater Treatment Facility's plant capacity upgrade. This amendment adds an additional $9,800 to the contract for a total of $64,600. Included in the amendment are provisions for assisting and completing the dye, and stress testing as required by the DEC, provides an engineer's representative on site for by-passing of the treatment plant associated with installation of a new raw wastewater pump, as well as the preparation of reproducible November 1, 1995 record prints of drawings showing changes made during the construction. There will be no Board meeting on November 22, 1995, the regular meeting has been rescheduled to November 29, 1995. COMMUNICATIONS FROM THE MAYOR: Proclamations Mayor Nichols announced the following proclamations for November, 1995: National Home Care Month Week of Tibet, November 12 - 18, 1995 Arianna Lovett Day, November 4, 1995 BUDGET AND ADMINISTRATION COMMITTEE: * 15.1 A Local Law Amending Article II Entitled "City Officers", Section C-26 (A) of the Ithaca City Charter By Alderperson Booth: Seconded by Alderperson Johnson Local Law No. of 1995 City of Ithaca A Local Law amending Article II entitled "City Officers", Section C-26(A) of the Ithaca City Charter. BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. Article II entitled "City Officers", Section C- 26(A) of the Ithaca City Charter is hereby amended to read as follows: "A. The following officers of the City shall be appointed by the Mayor in the manner provided herein: Superintendent of Public Works, Fire Chief, Youth Bureau Director, Building Commissioner, City Controller, City Clerk, Director of Planning and Development, City Chamberlain, Personnel Administrator, and Assistant City Attorney." Section 2. This law shall take effect immediately upon filing with the Office of the Secretary of State. Carried Unanimously * 15.2 Finance/Chamberlain - Request for Extension for Tax Sale Redemption By Alderperson Booth: Seconded by Alderperson Thorpe WHEREAS, the property owner at 513 North Albany Street has requested an extension of time for property redemption from the 1992 City Tax sale for the property at 513 North Albany Street, and WHEREAS, the Budget and Administration Committee has reviewed the request and recommends approval of the extension; now, therefore, be it RESOLVED, That the existing owner be permitted to redeem the property at 513 North Albany Street, up to May 1, 1996, for the total lien amount outstanding, plus additional interest, penalty and related costs through the date of the redemption. Carried Unanimously * 15.3 DPW/Water & Sewer - Request to Transfer Funds By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Water and Sewer Department was authorized in the 1995 Budget to purchase a replacement vehicle at a cost of $27,000, and WHEREAS, the Water and Sewer Department has determined that based on the current needs of the department relating to the Route 96 project and several force account projects, the vehicle funds November 1, 1995 would be better utilized if a 20-ton Equipment Trailer and various pieces of equipment (previously transferred by the Controller's office) were purchased with the funds; now, therefore, be it RESOLVED, That the Water and Sewer Department's Authorized Equipment list be amended as follows: Delete: One (1) Vehicle $27,000 Add: One (1) 20-ton Equipment Trailer $13,000 and be it further RESOLVED, That the following Account transfers be made as a result of said equipment list amendment: From Accounts: F8316-215 Vehicles $5,200 G8116-215 Vehicles 7,800 To Accounts: F8316-225 Other Equipment $5,200 G8116-225 Other Equipment 7,800 Carried Unanimously * 15.4 Planning & Development - Approval of Bicycle Plan Consultant Contract By Alderperson Booth: Seconded by Alderperson Gray WHEREAS, the City's Bicycle Master Plan Consultant Selection Committee has reviewed proposals from various consultants for preparation of the City Bicycle Master Plan and has recommended that the firm of Trowbridge & Wolf be selected for the contract, and WHEREAS, the cost of the Bicycle Master Plan contract will be $20,000 and includes: data collection, development of a preliminary master plan, and development of the Final Master Plan; now, therefore, be it RESOLVED, That the firm of Trowbridge & Wolf be selected to prepare the City of Ithaca's Bicycle Master Plan at a cost not to exceed $20,000, including reimbursables, and be it further RESOLVED, That said funds will be derived from within Capital Project #267 Bicycle Facilities, and be it further RESOLVED, That the approval of said contract is contingent on the review and approval of the New York State Department of Transportation Contract Management Bureau. Carried Unanimously * 15.5 Youth Bureau - Request to Transfer Funds to Complete Cass Park Bleacher Project By Alderperson Booth: Seconded by Alderperson Efroymson WHEREAS, a Cass Park Ice Rink Bleacher project was established by City resident Joe Cassaniti at a cost of $11,000 funded by private donations, labor and materials, and WHEREAS, the project is approximately 90% complete, but the effort to raise $11,000 fell short by $3,000, and WHEREAS, the following project works needs to be completed at a cost of $3,000: - A screen in front of the bleachers; - A railing system around the bleachers; - A wind screen around the bleachers; now, therefore, be it November 1, 1995 RESOLVED, That the City of Ithaca finish the Cass Park Ice Rink project at a cost not to exceed $3,000, and be it further RESOLVED, That said funds be derived from the Youth Bureau budget within the building maintenance account. Carried Unanimously * 15.6 Common Council - Thanks to Joe Cassaniti for Cass Park Bleacher Project By Alderperson Booth: Seconded by Alderperson Thorpe WHEREAS, there has been a long-standing need for seating for spectators to watch ice skating sessions and games at Cass Park Ice Rink, and WHEREAS, Joe Cassaniti took the initiative to help meet this need by organizing a group of citizens to raise funds for bleachers, and WHEREAS, through long and hard work, Joe Cassaniti and his group have been successful in: - raising funds to purchase the bleachers - assisting in their installation and - securing a donation of paint to spruce up the spectator area, and WHEREAS, the City is pleased to match this citizen initiative with funds for a windscreen to increase the comfort of skating spectators, and WHEREAS, these additions at Cass Park greatly enhance the facility and make it a better community gathering place, thereby improving the quality of life for our residents; now, therefore, be it RESOLVED, That the City of Ithaca hereby expresses full and grateful appreciation to Joe Cassaniti and other Cass Park supporters in their successful efforts to improve this important local resource. Carried Unanimously * 15.7 Finance/Controller - Request Authorization to Cover Red Accounts By Alderperson Booth: Seconded by Alderperson Shenk RESOLVED, That the City Controller be empowered to make transfers within the 1995 Budget appropriations, as needed, for the remainder of the 1995 Fiscal Year. Carried Unanimously * 15.8 Finance/Controller - Request Approval of 1995 Amended NYS Retirement Incentive Program Participants By Alderperson Booth: Seconded by Alderperson Efroymson WHEREAS, the City enacted Local Law #2, August 30, 1995, adopting the 1995 Retirement Incentive Program (Chapter 12, Laws of 1995 as amended), and WHEREAS, the applicable departments have carefully evaluated the effects of adjusting the following targeted positions where required, or the replacement of experienced personnel where authorized by Chapter 12 of the Laws of 1995, while meeting the City's obligation under the amended legislation to save a minimum of 50% of the targeted salaries for two years, inclusive of the City's increased payments to the Retirement System, and WHEREAS, based on such examination, and subject to operational adjustments and considerations recognized in concept as a part of this resolution, departments have determined that in each instance services and related supervision can be provided on a November 1, 1995 reasonable basis, should the employees involved in the following targeted positions exercise their option to retire during the authorized open period; now, therefore, be it RESOLVED, That the following positions and incumbent employees be targeted for inclusion in the 1995 Targeted Retirement Incentive Program (Chapter 12, Laws of 1995 as amended): Engineering Technician, Water and Sewer Division, Department of Public Works, John DeBell Assistant Chief Water Treatment Plant Operator, Department of Public Works, Robert N. Simpson Carried Unanimously Consideration of Local Law # -1995 Amending Local Law #2-1995 Extending the Retirement Incentive Program - Emergency Message Mayor Nichols stated that he has issued an emergency message indicating the necessity of considering Local Law # -1995 which amends Local Law #2-1995, re-establishing the 90-day time period in which City employees may elect to join the Retirement Incentive Program. The 90-day period would now start on October 2, 1995 and end on December 31, 1995. Mayor Nichols stated that by issuing this emergency message, the procedures required relating to laying this Local Law on table seven (7) calendar days in advance of consideration are hereby waived. * 15.9 A Local Law Amending Local Law #2-1995 Re-establishing the 90 Day Time Period of the Retirement Incentive Program as Authorized by Chapter 12, Laws of 1995 for Eligible Employees of the City of Ithaca By Alderperson Booth: Seconded by Alderperson Hanna LOCAL LAW NO. OF THE YEAR 1995 A Local Law Amending Local Law #2-1995 Re-establishing the 90 Day Time Period of the Retirement Incentive Program as Authorized by Chapter 12, Laws of 1995 for Eligible Employees of the City of Ithaca BE IT ENACTED by the Common Council of the City of Ithaca, as follows: Section 1. The City of Ithaca hereby elects to provide all its eligible employees with a retirement incentive program authorized by Chapter 12, Laws of 1995 as amended. Section 2. The commencement date of the retirement incentive program shall be October 2, 1995. Section 3. The open period during which eligible employees may retire and receive the additional retirement benefit, shall be 90 days in length. Section 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System, and it shall be paid by the City of Ithaca for each employee who receives the retirement benefits payable under this local law. Section 5. This act shall take effect November 1, 1995. Carried Unanimously November 1, 1995 Budget Meetings Alderperson Booth announced that the City will hold budget meetings on November 8,14,15,20,27,28. They will all be held in the Common Council Chambers of City Hall, and will all start at 7:30 p.m. There will be a formal public hearing regarding the consideration of the final budget at the November 28, 1995 meeting. ECONOMIC DEVELOPMENT COMMITTEE: * 16.1 Local Area Development Corp. By Alderperson Mackesey: Seconded by Alderperson Johnson WHEREAS, municipalities are empowered by New York State enabling legislation to create local development corporations which, among other things, expand employment, promote and facilitate the economic development of the community, and strengthen and enhance existing business centers, and WHEREAS, no such organization exists which specifically serves the needs of the City of Ithaca in its efforts to especially strengthen and revitalize its various business districts, and WHEREAS, a local development corporation represents a partnership between the private, public and not for profit sectors dedicated to public purpose, civic minded economic development activities for the general welfare of the residents of the City, and WHEREAS, the activities that the local development corporation will be engaged in generally comprise activities which are outside the ordinary scope of services provided by local government such as property acquisition for specific economic development objectives, direct lending activity and facilitating access to funding agencies not available to municipalities, and WHEREAS, a local development corporation can enhance the confidence of private sector businesses in working with the community, through the partnership represented by the LDC, in revitalizing its various business districts, and WHEREAS, the creation of a local development corporation will broaden the community’s ability to facilitate economic development and business center revitalization; now, therefore, be it RESOLVED, That Common Council authorizes the establishment of the Ithaca Local Development Corporation (ILDC) pursuant to the terms and conditions defined in the Ithaca Local Development Corporation Bylaws, and be it further RESOLVED, That the Mayor be authorized, upon the advice of the City Attorney and Director of the Department of Planning and Development, to file all documents necessary to implement the establishment of the ILDC. Ithaca Local Development Corporation Bylaws 1. Mission: (a) The mission of the Ithaca Local Development Corporation (ILDC) is to serve as a private, not-for-profit organization, dedicated to public purpose, civic-minded economic and community development activities for the general welfare of the residents of the City of Ithaca. The ILDC represents a partnership between public, private and not-for-profit sectors to enhance economic and social conditions in Ithaca. 2. Activities: (a) The activities of the ILDC shall include, but are not limited to: the creation and betterment of employment opportunities, particularly for persons of low and moderate incomes; the November 1, 1995 provision of job training to individuals to improve or develop their capabilities for such jobs; the expansion of the City’s real property base; the remediation of physical conditions detrimental to the health of neighborhoods; the strengthening and enhancement of existing retail and business centers; the expansion of recreational and cultural opportunities for the residents of Ithaca; the promotion of good planning and urban design; and the promotion of scientific research for the purpose of attracting to or encouraging new industry in Ithaca. (b) The ILDC shall have the powers to buy, sell or lease real property; to make loans, grants and equity investments for the purposes of business creation and expansion; to apply for and to act as a conduit for public funds; to undertake general activities involving the development, management or betterment of land and improvements and to undertake activities appropriate to its mission of civic-minded economic and community development, including financial involvement in for-profit development. (c) The jurisdiction of the ILDC shall primarily be the City of Ithaca; however, the ILDC is authorized to engage in appropriate activities outside the City of Ithaca so long as the primary benefits of the activities are for the City of Ithaca and its residents. 3. ILDC Legal Status: (a) The ILDC is a public benefit corporation. The ILDC shall have tax exempt status, per Section 501(c)(3) of the Internal Revenue Code and Section 1411 (6) of the New York State Not-For- Profit Corporation Law. The ILDC shall be a Type C Corporation under Section 201 of the Not-For-Profit Corporation Law. 4. The Ithaca Local Development Corporation Board of Directors: (a) The ILDC is to be governed by a Board of Directors representative of the Ithaca community. The Board shall contain seventeen voting members. A quorum shall be two-thirds of those serving on the Board at the time a decision is to be made. Decisions shall be made by a majority vote of those members in attendance. Exceptions will be made for decisions which involve a sum in excess of $10,000, including entering into contracts involving over $10,000, and issues relating to membership selection. These exceptions shall require a majority vote of the Board’s full membership. (b) The ILDC’s Board shall include representatives of human service agencies, civic organizations, labor unions, neighborhood groups, the financial and business community, economic development organizations, and City of Ithaca government. The intent is that a number of diverse viewpoints be represented in the functioning of the ILDC while also providing for a membership with the technical capacity to undertake an active development program. The ILDC shall work to maintain a diversity of representation in the membership of the Board as vacant seats are filled, including a diversity based on race and ethnicity, gender, and geographic representation within the City of Ithaca. (c) The ILDC’s initial membership shall be determined in the following manner: (i) The Mayor of Ithaca shall serve, and shall appoint with the consent of the Common Council two representatives from the Common Council. (ii) The Mid-State Central Labor Council, or other group representative of organized labor, shall name one member, who shall be a resident of the City of Ithaca. November 1, 1995 (iii) The Human Services Coalition, or its successor or equivalent organization, shall name two representatives from separate human service organizations. The agencies represented shall be among those operating in the City of Ithaca for the benefit of the City’s low and moderate income populations and for populations with special needs, although the agencies do not need to have their offices in the City. (iv) The Mayor shall appoint, with the consent of the Common Council, three representatives from neighborhood organizations, environmental groups, or the community at large, all of whom shall be City of Ithaca residents; (v) The Mayor shall appoint, with the consent of the Common Council, four representatives from the fields of business, real estate and financial services, including at least two representatives from the banking or financial field; (vi) The Mayor shall appoint, with the consent of the Common Council, one representative of an economic development or business development agency operating in the City of Ithaca; (vii) The Ithaca Urban Renewal Agency shall appoint one representative from its membership or an adjunct member serving on an IURA committee; (viii) The Mayor shall appoint, with the consent of the Common Council, one representative from the educational or job training sector; (ix) The Mayor shall appoint, with the consent of the Common Council, one representative from the Community Arts Partnership or similar organization representing the arts community in the City’s Central Business District. (d) Vacancies on the Board shall be filled through the following process: (i) Vacancies among the two Common Council members shall be filled by the Mayor appointing, with Common Council consent, a member(s) of the City Common Council as a replacement(s); (ii) The Mid-State Central Labor Council or other group representative of organized labor shall name one member to replace a vacancy in the Board representing organized labor. This person shall be a resident of the City of Ithaca; (iii) The Human Services Coalition (or its successor or an equivalent organization) shall name representatives from separate human service organizations to fill vacancies among the two Board positions representing human service concerns. The agencies represented shall be among those operating in the City of Ithaca for the benefit of the City’s low and moderate income populations and for populations with special needs, although the agencies do not need to have their offices in the City of Ithaca; (iv) The ILDC Board shall appoint representatives from neighborhood organizations, environmental groups, or the community at large, all of whom shall be City or Ithaca residents, to fill vacancies among the three seats reserved for representatives of these categories; (v) The ILDC Board shall appoint representatives from the fields of business, real estate and financial services, to fill vacancies among the four seats reserved for such representatives. The membership shall include at least two representatives from the banking or financial field; (vi) The ILDC Board shall appoint one representative of an economic development or business development agency operating in the City of Ithaca to fill the vacancy for a representative from such agencies; November 1, 1995 (vii) The Ithaca Urban Renewal Agency Board shall appoint one representative from its membership or an adjunct member serving on an IURA committee to fill a vacancy in the seat reserved for an IURA appointee. (viii) A vacancy from the educational and job training sector shall be filled by the Mayor appointing, with the consent of Common Council, a representative from the educational and job training sector. (ix) The Community Arts Partnership shall appoint a representative from the arts community to replace a vacancy in the Board representing the arts community. In the event the Community Arts Partnership ceases to exist, the Common Council will designate a new entity it deems appropriate to take its place. (e) The Director of the City Department of Planning and Development shall serve, ex-officio, as the Secretary and Treasurer for the Board, but will not be a member and shall not have voting privileges. (f) The Board shall have the power to appoint committees, including an Executive Committee, and to delegate tasks to such committee(s). The Board may delegate the approval of contracts of a routine or administrative nature to the Chairperson, an executive director, an executive committee, or other person or committee deemed appropriate by the Board. (g) The Board shall elect a chairperson by a majority vote of the membership. 5. Terms of Board Membership: (a) Members shall be appointed for three-year terms, except for Common Council Members, who shall serve for two-year terms, and the Mayor, who shall serve ex-officio. However, in order to stagger terms, the following shall apply to the initial Board named: (i) One representative from the three seats representing neighborhood organizations, environmental groups, or the community at large shall be appointed for a three-year term, a second for a two-year term, and the third for a one-year term. (ii) Two representatives from the business, real estate and finance fields shall be appointed for three-year terms, and one each for a two-year term and a one-year term. (iii) One representative of the human service field shall be appointed for a two-year term, and one for a three-year term. (b) All appointments to less than a three-year term are eligible, upon completion of their first term, to a full three-year term on the ILDC. (c) Members may serve no more than six consecutive years. Individuals may return to the Board after at least a one year absence. These conditions do not apply to the Mayor. Members appointed to initial terms of less than three years shall serve for only the initial term and one full term before being required to take a one year minimum absence from Board membership. 6. Staff: The Director of Planning and Development shall serve as the Secretary and Treasurer of the ILDC. The ILDC shall be staffed initially by the City of Ithaca’s Department of Planning and Development and by the staff of the Ithaca Urban Renewal Agency. The commitment of staff support by the Department of Planning and Development shall be subject to approval on an annual basis by November 1, 1995 Common Council. The Board is also authorized to hire general staff, legal, engineering, and other technical and support services as needed. 7. Meetings: (a) The Board shall meet on a regular basis to be determined by the membership, but no less than three meetings of the Board shall be held per annum. One meeting shall be held in January of each year, and shall serve as the annual meeting for the purpose of selecting and seating new members and officers. (b) The meetings of the ILDC shall be open to the public and votes taken in open public session, with the exception of the following: (i) Sessions when personnel and membership matters are discussed; (ii). Sessions for negotiation or discussion of contracts, loan or lease agreements, and sessions where information of a proprietary or confidential nature relative to a private or not for profit organization is presented. (iii) Discussion of law suits and legal matters. (c) Decisions made in executive session will be reported to the public as soon as appropriate. (d) The ILDC shall produce minutes, an annual report and financial statements which shall all be available to the public. 8. Officers: (a) At its January meeting the ILDC shall elect its officers for the year. The officers shall include a chairperson and vice- chairperson. (b) The Director of Planning and Development for the City of Ithaca shall be ex-officio the secretary/treasurer. The Secretary/Treasurer shall be responsible for keeping minutes of meetings, records management, recording correspondence, bookkeeping, day-to-day financial management and other responsibilities as assigned by the Board. 9. Financial Management: (a) The Board of the ILDC may authorize any officer or agent to enter into contracts, leases and other legal and financial documents on behalf of the ILDC, so long as the requirements of Sections 4(a) and 4(f) are met. (b) The Board may authorize the secretary/treasurer and other officers and members to sign checks and other financial documents on behalf of the ILDC. Two authorized signatures of the ILDC shall be required for each financial document. (c) The Board shall designate a bank(s) or other financial institution(s) to provide financial services for the ILDC. (d) The Board may receive gifts and contributions on behalf of the ILDC and apply for and manage grants from federal and state agencies. (e) The ILDC is authorized to borrow funds for purposes of civic- minded economic and community development. (f) The ILDC shall be audited on a regular basis according to generally accepted accounting practices and the laws of New York State. 10. Assets: November 1, 1995 (a) The Board may sell, purchase, lease or otherwise engage in transactions involving real estate and real property. (b) The Board may make interest-bearing investments with ILDC assets. 11. Code of Ethics: Members of the Board of Directors and ILDC staff will abide by the conditions of the following code of ethics: It is not possible to identify every potential area of conflict that members could encounter. Therefore, each member of the ILDC Board of Directors shall conduct her/himself in a manner which will not publicly embarrass or cause suspicion to be brought upon the ILDC and its activities, or jeopardize the public trust which the ILDC holds. Therefore, members shall not sponsor or vote for projects or activities from which they, or their family or organizations with which they are affiliated (such as an employer) will gain, or may reasonably be expected to gain, some material advantage. Also, members will not abuse their knowledge about, and access to information about, ILDC activities. Board members shall be required to affirm their willingness to agree to the ILDC’s Code of Ethics. 12. City Support Participation in the ILDC by the City of Ithaca may be withdrawn upon a majority vote by the City of Ithaca Common Council. 13. Amendments to By-Laws. (a) The by-laws may be amended or repealed by a two-thirds vote of the full Board of Directors. A proposal for a change(s) may be made at any meeting, with the change(s) to be voted on at a subsequent meeting. (b) Sections 4(c), 4(d), 7 (b)(c)(d), and 12 of the by-laws may not be amended or repealed by the Board of Directors without the approval of the City of Ithaca Common Council. Alderperson Mackesey noted several changes made to the By-laws at the last Economic Development meeting. Amending Resolution By Alderperson Efroymson: Seconded by Alderperson Shenk RESOLVED, That the following words be added to the end of 13.b: "In the event that the City of Ithaca withdraws its participation, this section will no longer apply." Extensive discussion followed on the amending resolution. A vote on the amending resolution resulted as follows: Ayes (9) - Efroymson, Shenk, Mackesey, Booth, Johnson, Gray, Thorpe, Sams, Schroeder Nay (1) - Hanna Carried (9-1) Alderperson Hanna suggested that in 4(c)(ii), the words "other group representative of organized labor" be stricken and the words "its successor or equivalent organization" be inserted in their place. The same language change should be made in (d)(ii). No Council member objected. Amending Resolution By Alderperson Hanna: Seconded by Alderperson November 1, 1995 RESOLVED, That in 7(b)(i), the words "and membership" be deleted from the sentence. The Motion failed for lack of a second. Amending Resolution By Alderperson Hanna: Seconded by Alderperson Shenk RESOLVED, That in 2(a) the words "but are not limited to:" be stricken. Discussion followed on the floor with Deputy Director Sieverding addressing the Amending Resolution. A vote on the Amending Resolution resulted as follows: Ayes (2) - Booth, Hanna Nays (8) - Shenk, Mackesey, Sams, Efroymson, Johnson, Schr Motion Fails (2-8) Alderperson Booth noted for the record that the City Attorney has been directed to draft, and incorporate into appropriate documents, an indemnity clause in favor of the City of Ithaca. Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously The Ithaca Local Development Corporation Bylaws, as amended, are as follows: Ithaca Local Development Corporation Bylaws 1. Mission: (a) The mission of the Ithaca Local Development Corporation (ILDC) is to serve as a private, not-for-profit organization, dedicated to public purpose, civic-minded economic and community development activities for the general welfare of the residents of the City of Ithaca. The ILDC represents a partnership between public, private and not-for-profit sectors to enhance economic and social conditions in Ithaca. 2. Activities: (a) The activities of the ILDC shall include, but are not limited to: the creation and betterment of employment opportunities, particularly for persons of low and moderate incomes; the provision of job training to individuals to improve or develop their capabilities for such jobs; the expansion of the City’s real property base; the remediation of physical conditions detrimental to the health of neighborhoods; the strengthening and enhancement of existing retail and business centers; the expansion of recreational and cultural opportunities for the residents of Ithaca; the promotion of good planning and urban design; and the promotion of scientific research for the purpose of attracting to or encouraging new industry in Ithaca. (b) The ILDC shall have the powers to buy, sell or lease real property; to make loans, grants and equity investments for the purposes of business creation and expansion; to apply for and to act as a conduit for public funds; to undertake general activities involving the development, management or betterment of land and improvements and to undertake activities appropriate to its mission of civic-minded economic and community development, including financial involvement in for-profit development. (c) The jurisdiction of the ILDC shall primarily be the City of Ithaca; however, the ILDC is authorized to engage in appropriate activities outside the City of Ithaca so long as the primary November 1, 1995 benefits of the activities are for the City of Ithaca and its residents. 3. ILDC Legal Status: (a) The ILDC is a public benefit corporation. The ILDC shall have tax exempt status, per Section 501(c)(3) of the Internal Revenue Code and Section 1411 (6) of the New York State Not-For- Profit Corporation Law. The ILDC shall be a Type C Corporation under Section 201 of the Not-For-Profit Corporation Law. 4. The Ithaca Local Development Corporation Board of Directors: (a) The ILDC is to be governed by a Board of Directors representative of the Ithaca community. The Board shall contain seventeen voting members. A quorum shall be two-thirds of those serving on the Board at the time a decision is to be made. Decisions shall be made by a majority vote of those members in attendance. Exceptions will be made for decisions which involve a sum in excess of $10,000, including entering into contracts involving over $10,000, and issues relating to membership selection. These exceptions shall require a majority vote of the Board’s full membership. (b) The ILDC’s Board shall include representatives of human service agencies, civic organizations, labor unions, neighborhood groups, the financial and business community, economic development organizations, and City of Ithaca government. The intent is that a number of diverse viewpoints be represented in the functioning of the ILDC while also providing for a membership with the technical capacity to undertake an active development program. The ILDC shall work to maintain a diversity of representation in the membership of the Board as vacant seats are filled, including a diversity based on race and ethnicity, gender, and geographic representation within the City of Ithaca. (c) The ILDC’s initial membership shall be determined in the following manner: (i) The Mayor of Ithaca shall serve, and shall appoint with the consent of the Common Council two representatives from the Common Council. (ii) The Mid-State Central Labor Council, its successor or equivalent organization shall name one member, who shall be a resident of the City of Ithaca. (iii) The Human Services Coalition, or its successor or equivalent organization, shall name two representatives from separate human service organizations. The agencies represented shall be among those operating in the City of Ithaca for the benefit of the City’s low and moderate income populations and for populations with special needs, although the agencies do not need to have their offices in the City. (iv) The Mayor shall appoint, with the consent of the Common Council, three representatives from neighborhood organizations, environmental groups, or the community at large, all of whom shall be City of Ithaca residents; (v) The Mayor shall appoint, with the consent of the Common Council, four representatives from the fields of business, real estate and financial services, including at least two representatives from the banking or financial field; (vi) The Mayor shall appoint, with the consent of the Common Council, one representative of an economic development or business development agency operating in the City of Ithaca; November 1, 1995 (vii) The Ithaca Urban Renewal Agency shall appoint one representative from its membership or an adjunct member serving on an IURA committee; (viii) The Mayor shall appoint, with the consent of the Common Council, one representative from the educational or job training sector; (ix) The Mayor shall appoint, with the consent of the Common Council, one representative from the Community Arts Partnership or similar organization representing the arts community in the City’s Central Business District. (d) Vacancies on the Board shall be filled through the following process: (i) Vacancies among the two Common Council members shall be filled by the Mayor appointing, with Common Council consent, a member(s) of the City Common Council as a replacement(s); (ii) The Mid-State Central Labor Council, its successor or equivalent organization shall name one member to replace a vacancy in the Board representing organized labor. This person shall be a resident of the City of Ithaca; (iii) The Human Services Coalition (or its successor or an equivalent organization) shall name representatives from separate human service organizations to fill vacancies among the two Board positions representing human service concerns. The agencies represented shall be among those operating in the City of Ithaca for the benefit of the City’s low and moderate income populations and for populations with special needs, although the agencies do not need to have their offices in the City of Ithaca; (iv) The ILDC Board shall appoint representatives from neighborhood organizations, environmental groups, or the community at large, all of whom shall be City of Ithaca residents, to fill vacancies among the three seats reserved for representatives of these categories; (v) The ILDC Board shall appoint representatives from the fields of business, real estate and financial services, to fill vacancies among the four seats reserved for such representatives. The membership shall include at least two representatives from the banking or financial field; (vi) The ILDC Board shall appoint one representative of an economic development or business development agency operating in the City of Ithaca to fill the vacancy for a representative from such agencies; (vii) The Ithaca Urban Renewal Agency Board shall appoint one representative from its membership or an adjunct member serving on an IURA committee to fill a vacancy in the seat reserved for an IURA appointee. (viii) A vacancy from the educational and job training sector shall be filled by the Mayor appointing, with the consent of Common Council, a representative from the educational and job training sector. (ix) The Community Arts Partnership shall appoint a representative from the arts community to replace a vacancy in the Board representing the arts community. In the event the Community Arts Partnership ceases to exist, the Common Council will designate a new entity it deems appropriate to take its place. (e) The Director of the City Department of Planning and Development shall serve, ex-officio, as the Secretary and Treasurer for the Board, but will not be a member and shall not have voting privileges. November 1, 1995 (f) The Board shall have the power to appoint committees, including an Executive Committee, and to delegate tasks to such committee(s). The Board may delegate the approval of contracts of a routine or administrative nature to the Chairperson, an executive director, an executive committee, or other person or committee deemed appropriate by the Board. (g) The Board shall elect a chairperson by a majority vote of the membership. 5. Terms of Board Membership: (a) Members shall be appointed for three-year terms, except for Common Council Members, who shall serve for two-year terms, and the Mayor, who shall serve ex-officio. However, in order to stagger terms, the following shall apply to the initial Board named: (i) One representative from the three seats representing neighborhood organizations, environmental groups, or the community at large shall be appointed for a three-year term, a second for a two-year term, and the third for a one-year term. (ii) Two representatives from the business, real estate and finance fields shall be appointed for three-year terms, and one each for a two-year term and a one-year term. (iii) One representative of the human service field shall be appointed for a two-year term, and one for a three-year term. (b) All appointments to less than a three-year term are eligible, upon completion of their first term, to a full three-year term on the ILDC. (c) Members may serve no more than six consecutive years. Individuals may return to the Board after at least a one year absence. These conditions do not apply to the Mayor. Members appointed to initial terms of less than three years shall serve for only the initial term and one full term before being required to take a one year minimum absence from Board membership. 6. Staff: (a) The Director of Planning and Development shall serve as the Secretary and Treasurer of the ILDC. The ILDC shall be staffed initially by the City of Ithaca’s Department of Planning and Development and by the staff of the Ithaca Urban Renewal Agency. The commitment of staff support by the Department of Planning and Development shall be subject to approval on an annual basis by the Common Council. The Board is also authorized to hire general staff, legal, engineering, and other technical and support services as needed. 7. Meetings: (a) The Board shall meet on a regular basis to be determined by the membership, but no less than three meetings of the Board shall be held per annum. One meeting shall be held in January of each year, and shall serve as the annual meeting for the purpose of selecting and seating new members and officers. (b) The meetings of the ILDC shall be open to the public and votes taken in open public session, with the exception of the following: (i) Sessions when personnel and membership matters are discussed; (ii). Sessions for negotiation or discussion of contracts, loan or lease agreements, and sessions where information of a proprietary or confidential nature relative to a private or not for profit organization is presented. November 1, 1995 (iii) Discussion of law suits and legal matters. (c) Decisions made in executive session will be reported to the public as soon as appropriate. (d) The ILDC shall produce minutes, an annual report and financial statements which shall all be available to the public. 8. Officers: (a) At its January meeting the ILDC shall elect its officers for the year. The officers shall include a chairperson and vice- chairperson. (b) The Director of Planning and Development for the City of Ithaca shall be ex-officio the secretary/treasurer. The Secretary/Treasurer shall be responsible for keeping minutes of meetings, records management, recording correspondence, bookkeeping, day-to-day financial management and other responsibilities as assigned by the Board. 9. Financial Management: (a) The Board of the ILDC may authorize any officer or agent to enter into contracts, leases and other legal and financial documents on behalf of the ILDC, so long as the requirements of Sections 4(a) and 4(f) are met. (b) The Board may authorize the secretary/treasurer and other officers and members to sign checks and other financial documents on behalf of the ILDC. Two authorized signatures of the ILDC shall be required for each financial document. (c) The Board shall designate a bank(s) or other financial institution(s) to provide financial services for the ILDC. (d) The Board may receive gifts and contributions on behalf of the ILDC and apply for and manage grants from federal and state agencies. (e) The ILDC is authorized to borrow funds for purposes of civic- minded economic and community development. (f) The ILDC shall be audited on a regular basis according to generally accepted accounting practices and the laws of New York State. 10. Assets: (a) The Board may sell, purchase, lease or otherwise engage in transactions involving real estate and real property. (b) The Board may make interest-bearing investments with ILDC assets. 11. Code of Ethics: Members of the Board of Directors and ILDC staff will abide by the conditions of the following code of ethics: It is not possible to identify every potential area of conflict that members could encounter. Therefore, each member of the ILDC Board of Directors shall conduct her/himself in a manner which will not publicly embarrass or cause suspicion to be brought upon the ILDC and its activities, or jeopardize the public trust which the ILDC holds. Therefore, members shall not sponsor or vote for projects or activities from which they, or their family or organizations with which they are affiliated (such as an employer) will gain, or may November 1, 1995 reasonably be expected to gain, some material advantage. Also, members will not abuse their knowledge about, and access to information about, ILDC activities. Board members shall be required to affirm their willingness to agree to the ILDC’s Code of Ethics. 12. City Support Participation in the ILDC by the City of Ithaca may be withdrawn upon a majority vote by the City of Ithaca Common Council. 13. Amendments to By-Laws. (a) The by-laws may be amended or repealed by a two-thirds vote of the full Board of Directors. A proposal for a change(s) may be made at any meeting, with the change(s) to be voted on at a subsequent meeting. (b) Sections 4(c), 4(d), 7(b)(c)(d) and 12 of the by-laws may not be amended or repealed by the Board of Directors without the approval of the City of Ithaca Common Council. In the event that the City of Ithaca withdraws its participation, this section will no longer apply. RECESS: Common Council recessed at 8:45 p.m. and reconvened at 8:55 p.m. PLANNING COMMITTEE: * 17.1 Memorandum of Understanding Between the City of Ithaca and Tompkins County Concerning the Construction of a County Office Building on West State Street By Alderperson Schroeder: Seconded by Alderperson Gray WHEREAS, Tompkins County is considering the construction of an approximately 65,000 square foot office building on the 300 block of West State Street, and WHEREAS, the construction of this office building is a welcomed public investment in the West State Street area that may act as an inducement to private investment that will lead to a revitalization of this important area of the City’s Central Business District, and WHEREAS, the design, review and approval, construction and operation of the proposed office building will only be realized by the City of Ithaca and Tompkins County working cooperatively with each other in the development of this project, and WHEREAS, there are issues regarding parking, zoning, site plan and environmental review, and infrastructure that must be resolved in order to realize this project, and WHEREAS, the framework for resolving these development issues must be established and agreed to by the City and County in order for the County to make its final site location decision, and WHEREAS, the Memorandum of Understanding between the City of Ithaca and Tompkins County defines this framework by describing how these development issues will be resolved; now, therefore, be it RESOLVED, That the Common Council agrees to the terms of the Memorandum of Understanding and authorizes the Mayor to execute this document on behalf of the City of Ithaca. Memorandum of Understanding November 1, 1995 Between the City of Ithaca and Tompkins County Concerning the Construction of a County Office Building on West State Street The County of Tompkins, a municipal corporation having its principal place of business at 320 North Tioga Street, Ithaca, NY and herein after referred to as the “County”, intends to construct an office building, parking lot and associated site improvements for its offices of the Social Services, Probation and Youth Bureau Departments. The site for this building is comprised of approximately eight parcels located on Block 2 of Map 71 in the City of Ithaca. This Memorandum of Understanding establishes the conditions under which the County will agree to locate this office building on this preferred site and the guidelines by which the County and City of Ithaca will interact during the design, approval, construction and operation of the new office building herein after referred to as the “Human Services Building”. The City of Ithaca, a municipal corporation having its principal place of business at 108 East Green Street, Ithaca, NY and herein after referred to as the “City”, and the County agree to the following: 1. Parking Although the existing zoning for the sites under consideration have no on site parking requirement, the City and County acknowledge that the proposed construction of the DSS facility will create a parking demand. To meet this demand 51 spaces will be provided, by the County, on the site of the proposed office building. Additional off street parking will initially be provided, by the City, with the use of existing and newly constructed City parking facilities as follows: 1. 20 spaces to be provided by the City to the County at the recently reconstructed West State Street Parking lot in front of the Green Street Firehouse; 2. 70 spaces to be provided by the City to the County at a new parking lot to be constructed by the City on the north side of the 200 block of West State Street, otherwise referred to as Block 3, Map 71. 3. Both lots to be provided with lighting and maintained to the standards of other off street parking facilities operated by the City of Ithaca. 4. The lot to be constructed on Block 3, Map 71 shall be completed and made available no later than July, 1998. 5. The County will purchase no fewer than the 90 parking permits for the spaces referred to above beginning with the first day of the month the building is occupied by any County Department. Purchases of the parking permits shall continue for a period of 240 months commencing upon occupancy of the building. The rate for the parking permits shall be $40 per month for the first year with increases of no more than the average rate of increase for other city parking permits, but in any event no more than 5% per year. 6. The County will release to the City the balance of funds in the Mental Health Building escrowed parking account within 60 days following the start of construction of the at grade parking lot on Block 3, Map 71 in the City. Following the completion of the parking lot construction, the County will commence making 20 annual payments, no later than March 31 of each year, to the City in the amount of $31,000. Payments will continue for so long as the building is occupied by a County department or until the City November 1, 1995 establishes a Parking Benefit Assessment District which includes the County like any other property owner in the district and the County’s beginning to make payments pursuant to the requirements of the benefit assessment district. The $31,000 annual payment will end once a Parking Benefit Assessment District that includes this property is established. 7. The City will not extend the zones for 1 and 2 hour parking nor install additional meters within a two block radius of the preferred site. 8. At no time will the City request any payment in lieu of taxes with respect to this building, site or the activities which are performed within so long as the property is owned or occupied by the County. 9. The City and County, furthermore, agree that the future impact of parking generated by the proposed new office building will be assessed as required and at no more than a three year interval. If such an assessment shows a parking impact on the neighborhoods surrounding the proposed facility, the City and County agree to negotiate a mutually acceptable plan than may include the provision of more off street parking, the evaluation of the restriction on the geographic extent of time limited or metered parking and park and ride, incentives and other measures to encourage the use of public transit. 10. The City and County agree to work together to develop an incentive program for City and County employees to encourage and promote the use of public transportation, car pooling and other traffic reducing measures as a means of commuting to work. 2. Zoning. The site under consideration is primarily in the B-2c zone. There is a 50-foot maximum building height provision in the B-2c zone. The County has proposed, in its schematic design, a four story building. The City recognizes that it may not be possible to construct the proposed building with an appropriate level amenity and parking on the proposed site if the height limitation is strictly adhered to. The City agrees to take reasonable steps to accommodate the County should a minimum adjustment to the height limitation in this zone be necessary to accommodate the proposed four story building. The means by which this could be achieved are either through a variance by the Board of Zoning Appeals or through a rezoning by the Common Council or by any agreement to waive the zoning requirements for this building. 3. Site Plan Review The City stipulates that the site plan review for this facility by the City’s Planning and Development Board is an advisory process. The City will encourage the Planning and Development Board to review any proposal for a DSS facility on that site in an expeditious and cooperative manner. 4. Environmental Quality Review Regulations. Recognizing that the Site Plan Review process is advisory, the County, as the agency primarily responsible for the action, should be lead agency for the review. It is recognized that the Planning and Development Board should be given the opportunity to comment on the County’s lead agency status and assume involved agency status. 5. Public Infrastructure November 1, 1995 The City recognizes that improvements to the environment and appearance of West State Street is a multiyear effort that will require a phased implementation. To initiate this effort, the Mayor and Common Council will include in the 1996 budget a $100,000 public infrastructure improvement project. This project will be focused on enhancing the pedestrian environment on West State Street and will at least include improved street lighting, street landscaping, curbs and sidewalks. The lighting shall be provided so that pedestrians experience light levels on both sides of the street within the improvement area that conform to ANSI/IES (American National Standards Institute and Illuminating Engineers Society) standards for commercial and residential uses. The City will consult with the County and other property owners on West State Street on the specific design details of this project before its implementation. The City agrees to connect the Human Services Building to the downtown fiber optic network by installing a conduit from the proposed building that is connected to the rest of that downtown network. Specific network connections to be arranged between County and City Engineering Departments. 6. County Office Building The County shall purchase land, perform demolition, environmental remediation, design, construction of an office building for the Departments of Social Services, Probation and Youth Bureau. The building shall be available for occupancy no later than January, 1999. The County agrees to provide approximately 180 square feet of finished office space in the Human Services Building for the Community Policing Program. This space will be equipped with electrical outlets, lighting, telephone jacks and network hookup. It is understood by both parties that this agreement is subject to the annual appropriation of funds by the County of Tompkins Board of Representatives and the City of Ithaca Common Council. It is also understood that this agreement supersedes the Mental Health Building Agreement. CITY OF ITHACA COUNTY OF TOMPKINS _____________________ _________________________ Mayor Benjamin Nichols Stuart Stein, Chairman ______________________ _________________________ Date Date Extensive discussion followed on the floor with Planning and Development Deputy Director Sieverding answering questions from Council members. Alderperson Booth suggested that the words "Subject to the possible modifications described in Item #9 below," be added to the beginning of Subsection #7, under Parking. No Council member objected. Alderperson Schroeder suggested that the date "November 1, 1995" be added under the Memorandum of Understanding heading, and also in the final Resolved clause of the Resolution. Alderperson Schroeder further suggested that in the first paragraph of the MOU, the eight parcels involved should be identified as follows: "the block bounded by West State, North Plain, West Seneca and North Albany Streets", and place parenthesis around "Tax Map 71, Block 2". He further noted that the streets should be listed in Item #2 as follows: "70 spaces to be provided by the City to the County at a new parking lot to be constructed by the City on the block bounded by West State, North November 1, 1995 Albany, West Seneca and North Geneva Streets (Tax Map 71, Block 3)." Alderperson Schroeder suggested that in the lead-in paragraph of #1 Parking, the words "at least" be added before the words "51 spaces". Alderperson Schroeder requested in the Item #9 of Parking, the words "consideration of" be added before the words "park and ride" and the comma (,) after "park and ride" be moved to after the word "incentives". Alderperson Schroeder stated that in the last paragraph of #6, County Office Building, after the words "Mental Health Building Agreement, the words "dated June 24, 1992" be added. Alderperson Schroeder also suggested a number of non-substantive minor spelling and wording changes. No Council member objected. Alderperson Booth suggested that in the second Whereas clause of the Resolution, after the words "private investment that" the following be added: ",in conjunction with this County Building,". Alderperson Booth further requested that the record reflect that it is Common Council's understanding that the City is only considering building 70 parking spaces relating to this project. No Council member objected. Main Motion As Amended A vote on the Resolution and the County Memorandum of Understanding as Amended resulted as follows: Carried Unanimously The Resolution and Memorandum of Understanding, as Amended, shall read as follows: WHEREAS, Tompkins County is considering the construction of an approximately 65,000 square foot office building on the 300 block of West State Street, and WHEREAS, the construction of this office building is a welcomed public investment in the West State Street area that may act as an inducement to private investment that, in conjunction with this County building, will lead to a revitalization of this important area of the City’s Central Business District, and WHEREAS, the design, review and approval, construction and operation of the proposed office building will only be realized by the City of Ithaca and Tompkins County working cooperatively with each other in the development of this project, and WHEREAS, there are issues regarding parking, zoning, site plan and environmental review, and infrastructure that must be resolved in order to realize this project, and WHEREAS, the framework for resolving these development issues must be established and agreed to by the City and County in order for the County to make its final site location decision, and WHEREAS, the Memorandum of Understanding between the City of Ithaca and Tompkins County defines this framework by describing how these development issues will be resolved; now, therefore, be it RESOLVED, That the Common Council agrees to the terms of the Memorandum of Understanding dated November 1, 1995, and authorizes the Mayor to execute this document on behalf of the City of Ithaca. November 1, 1995 Memorandum of Understanding Between the City of Ithaca and Tompkins County Concerning the Construction of a County Office Building on West State Street November 1, 1995 The County of Tompkins, a municipal corporation having its principal place of business at 320 North Tioga Street, Ithaca, NY and hereinafter referred to as the “County,” intends to construct an office building, parking lot and associated site improvements for its offices of the Social Services, Probation and Youth Bureau Departments. The site for this building is comprised of approximately eight parcels located on the block bounded by West State, North Plain, West Seneca and North Albany Streets (Tax Map 71, Block 2) in the City of Ithaca. This Memorandum of Understanding establishes the conditions under which the County will agree to locate this office building on this preferred site and the guidelines by which the County and City of Ithaca will interact during the design, approval, construction and operation of the new office building hereinafter referred to as the “Human Services Building.” The City of Ithaca, a municipal corporation having its principal place of business at 108 East Green Street, Ithaca, NY and hereinafter referred to as the “City,” and the County agree to the following: 1. Parking Although the existing zoning for the sites under consideration have no off street parking requirement, the City and County acknowledge that the proposed construction of the DSS facility will create a parking demand. To meet this demand at least 51 spaces will be provided, by the County, on the site of the proposed office building. Additional off street parking will initially be provided, by the City, with the use of existing and newly constructed City parking facilities as follows: 1. 20 spaces to be provided by the City to the County at the recently reconstructed West State Street parking lot in front of the Central Fire Station; 2. 70 spaces to be provided by the City to the County at a new parking lot to be constructed by the City on the block bounded by West State, North Albany, West Seneca and North Geneva Streets (Tax Map 71, Block 3). 3. Both lots to be provided with lighting and maintained to the standards of other off street parking facilities operated by the City of Ithaca. 4. The lot to be constructed on Block 3, Map 71 shall be completed and made available no later than July, 1998. 5. The County will purchase no fewer than the 90 parking permits for the spaces referred to above beginning with the first day of the month the Human Services Building is occupied by any County Department. Purchases of the parking permits shall continue for a period of 240 months commencing upon occupancy of the building. The rate for the parking permits shall be $40 per month for the first year with increases of no more than the average rate of increase for other city parking permits, but in any event no more than 5% per year. November 1, 1995 6. The County will release to the City the balance of funds in the Mental Health Building escrowed parking account within 60 days following the start of construction of the at grade parking lot on Block 3, Map 71 in the City. Following the completion of the parking lot construction, the County will commence making 20 annual payments, no later than March 31 of each year, to the City in the amount of $31,000. These payments will continue for so long as the building is occupied by a County department or until the City establishes a Parking Benefit Assessment District which includes the County like any other property owner in the district and the County’s beginning to make payments pursuant to the requirements of the benefit assessment district. The $31,000 annual payment will end once a Parking Benefit Assessment District that includes this property is established. 7. Subject to the possible modifications described in Item #9 below, the City will not extend the zones for 1 and 2 hour parking or install additional meters within a two block radius of the preferred site. 8. At no time will the City request any payment in lieu of taxes with respect to this building, site or the activities which are performed within so long as the property is owned or occupied by the County. 9. The City and County, furthermore, agree that the future impact of parking generated by the proposed new office building will be assessed as required and at no more than a three year interval. If such an assessment shows a parking impact on the neighborhoods surrounding the proposed facility, the City and County agree to negotiate a mutually acceptable plan than may include the provision of more off street parking, the evaluation of the restriction on the geographic extent of time limited or metered parking and consideration of park and ride incentives, and other measures to encourage the use of public transit. 10. The City and County agree to work together to develop an incentive program for City and County employees to encourage and promote the use of public transportation, car pooling and other traffic reducing measures as a means of commuting to work. 2. Zoning The site under consideration is primarily in the B-2c zone. There is a 50-foot maximum building height provision in the B-2c zone. The County has proposed, in its schematic design, a four story building. The City recognizes that it may not be possible to construct the proposed building with an appropriate level of amenity and parking on the proposed site if the height limitation is strictly adhered to. The City agrees to take reasonable steps to accommodate the County should a minimum adjustment to the height limitation in this zone be necessary to accommodate the proposed four story building. The means by which this could be achieved are either through a variance by the Board of Zoning Appeals or through a rezoning by the Common Council or by an agreement to waive the zoning requirements for this building. 3. Site Plan Review The City stipulates that the site plan review for this facility by the City’s Planning and Development Board is an advisory process. The City will encourage the Planning and Development Board to review any proposal November 1, 1995 for a DSS facility on that site in an expeditious and cooperative manner. 4. Environmental Quality Review Regulations Recognizing that the site plan review process is advisory, the County, as the agency primarily responsible for the action, should be lead agency for the review. It is recognized that the Planning and Development Board should be given the opportunity to comment on the County’s lead agency status and assume involved agency status. 5. Public Infrastructure The City recognizes that improvements to the environment and appearance of West State Street is a multi-year effort that will require a phased implementation. To initiate this effort, the Mayor and Common Council will include in the 1996 budget a $100,000 public infrastructure improvement project. This project will be focused on enhancing the pedestrian environment on West State Street and will at least include improved street lighting, street landscaping, curbs and sidewalks. The lighting shall be provided so that pedestrians experience light levels on both sides of the street within the improvement area that conform to ANSI/IES (American National Standards Institute and Illuminating Engineers Society) standards for commercial and residential uses. The City will consult with the County and other property owners on West State Street on the specific design details of this project before its implementation. The City agrees to make available to the Human Services Building the downtown fiber optic network by installing a conduit from the proposed building site that is connected to the rest of that downtown network. Specific network connections shall be arranged between County and City Engineering Departments. 6. County Office Building The County shall purchase land, perform demolition, environmental remediation, design, and construction of an office building for the Departments of Social Services, Probation and Youth Bureau. The building shall be available for occupancy no later than January, 1999. The County agrees to provide approximately 180 square feet of finished office space in the Human Services Building for the Community Policing Program. This space will be equipped with electrical outlets, lighting, telephone jacks and information network hookup. It is understood by both parties that this agreement is subject to the annual appropriation of funds by the County of Tompkins Board of Representatives and the City of Ithaca Common Council. It is also understood that this agreement supersedes the Mental Health Building Agreement dated June 24, 1992. SIGNATURES November 1, 1995 * 17.2 An Ordinance Revising Section 325-20 Entitled "Off-Street Parking" of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code a. Discussion of Ordinance Alderperson Schroeder stated that he wished to provide Common Council members with an opportunity to express any ideas, questions, or concerns regarding the Off-Street Parking Ordinance. Extensive discussion followed on the floor with Council members expressing numerous concerns regarding the proposed ordinance. b. Designation of Lead Agency Status for Environmental Review By Alderperson Schroeder: Seconded by Alderperson Mackesey WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed amendment of Section 325-20 of Chapter 325 of the City Code requires review under the City's Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed amendment of Section 325-20 of Chapter 325. Carried Unanimously Proposed Study of Parking Patterns in Neighborhoods Around Cornell, as Part of the Environmental Review of Cornell University Rezoning - Report Alderperson Schroeder stated that the Planning Committee has endorsed the idea of including a study of parking patterns in the neighborhoods surrounding Cornell University as part of the environmental review of the proposed rezoning of Cornell University. The study would presumably be similar to a study that was conducted in 1982 for the Collegetown area, and would investigate who is parking in the neighborhoods, how the parking patterns change by time of day, who is parking overnight, who is coming into the neighborhoods to work or go to Cornell, etc. Alderperson Schroeder explained that staff will draft a proposed list of the items and research techniques that would be included in this study for review by the Planning Committee at a future meeting. The Planning Board, the Board of Public Works and Cornell will also have the opportunity to make suggestions, as will residents of affected neighborhoods. Postering Alderperson Schroeder stated that the recent article in the Ithaca Journal was not quite accurate regarding the history of the postering issue. He stated that considerable planning work was completed to reach a compromise to the postering situation. The original idea was to increase enforcement, and in conjunction with that, provide public postering areas. The Budget & Administration Committee agreed to establish public postering areas as long as club owners raised a percentage of the costs. The club owners indicated that the cost percentage allocated to them was too high, and so the issue was referred back to the Budget and Administration Committee. Alderperson Schroeder suggested that this issue be revisited by the Budget & Administration Committee. YOUTH AND HUMAN SERVICES COMMITTEE: Affirmative Action Resolution November 1, 1995 Alderperson Shenk announced that a Resolution regarding strengthening the affirmative action hiring procedure will be discussed at the December Youth and Human Services Committee meeting. INTER-INSTITUTIONAL AND COMMUNITY INFORMATION COMMITTEE: Internet Project Alderperson Efroymson noted that the County is moving ahead with the Internet Project. They are in the process of coming up with a contract for institutions that want to be included. This project will be discussed further at the next Inter-Institutional Committee meeting. EXECUTIVE SESSION: By Alderperson Johnson: Seconded by Alderperson Efroymson RESOLVED, That Common Council adjourn into Executive Session to discuss the possible acquisition of land. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 9:40 p.m. Julie Conley Holcomb Benjamin Nichols City Clerk Mayor