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HomeMy WebLinkAboutMN-CA-2015-04-15CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. April 15, 2015 PRESENT: Alderperson Mohlenhoff – Chair Alderpersons (4): Clairborne, Fleming, McGonigal, Smith Mayor (1): Myrick OTHERS PRESENT: Alderpersons (4): Brock, Kerslick, McCollister, Murtagh City Attorney – Lavine City Chamberlain – Parsons Youth Bureau Director – Vance Assistant Superintendent – Whitney City Forester – Grace Historic Preservation Planner - McCracken Chief of Staff – Sutherland HR Director – Michell-Nunn Controller – Thayer Deputy Controller – Andrew 1. Call to Order 1.1 Agenda Review. None. 1.2 Review/Approval of Minutes: Alderperson Fleming made a motion to approve the minutes from the March 18, 2015 meeting of the City Administration Committee. Seconded by Alderperson McGonigal. Motion carried unanimously. 1.3 Statements from the Public Kevin Brew, President of the Cascadilla Boat Club (CBC), stated that the CBC provides rowing support to people. Mr. Brew thanked the City for the use of the boathouse and the Parks Commission, Common Council and the Board of Public Works for their support. Carrie D’Aprix, Captain and member of the Girls Varsity Rowing Squad, explained why having the CBC at its current location is of importance to her. She mentioned that she attends the early morning practices and that she watches the U.S. Rowing safety videos every year. Lori Sonken, Town of Ithaca Resident, spoke about her husband’s experience at Cass Park on Monday when he put his boat in the water, his involvement in the community and about safety issues at the CBC. Marc Messing, Town of Ithaca Resident, expressed his concerns about the City approving the license for the CBC and about CBC members disregarding the federal and state regulations on rowing. City Administration Committee Meeting April 15, 2015 Page 2 Patty Jones, master rower at the CBC, spoke about the welcoming atmosphere and positive community at the CBC. She came to Ithaca in August and joined the CBC, who puts safety as their number one priority. 1.4 Statements from Employees. None. 1.5 Council Response Alderperson Brock spoke about the incident that happened on Monday at Cass Park. After this incident happened, she contacted the City Forester about the hours for the parks and was told that the City parks open at 5:00 a.m. and closes at 10:00 p.m. Alderperson Brock stated that the members of the public do have the right to come and enjoy the view at the park. 2. City Administration, Human Resources, and Policy 2.1 Attorney - Cascadilla Boat Club License Moved by Alderperson Smith. Seconded by Alderperson Fleming. 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 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, and (c) community participation opportunities and events being offered by CBC, and City Administration Committee Meeting April 15, 2015 Page 3 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, and 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 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 City Administration Committee Meeting April 15, 2015 Page 4 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. After discussion, Alderperson Clairborne made a motion to add the following as the 2nd to the last Resolved: “Resolved, that appended to the end of paragraph number 2 of the draft license shall be the phrase, ‘and (d) residency breakdown of members and participants by municipality’ ”. Seconded by Alderperson McGonigal. Motion carried unanimously. After further discussion, Alderperson Clairborne made a motion to delete the 1st Resolved. Seconded Alderperson McGonigal. A vote on the motion resulted as follows: Ayes (1): Clairborne Nays (4) Fleming, McGonigal, Mohlenhoff, Smith Motion failed 1-4. Alderperson Clairborne thanked City staff and the CBC for work done on this document and for bringing it forward to Common Council. Alderperson Smith called to question. Seconded by Alderperson Fleming. A vote on the motion resulted as follows: Ayes (3): Fleming, Mohlenhoff, Smith Nays (2) Clairborne, McGonigal Motion passed 3-2. A vote on the main resolution as amended resulted as follows: Motion passed unanimously. 2.2 YB – Request to Amend 2015 Roster Moved by Alderperson Clairborne. Seconded by Alderperson Fleming. WHEREAS, the Ithaca Youth Bureau has proposed to add a fulltime (40 hours) Recreation Program Administrator to the roster, and City Administration Committee Meeting April 15, 2015 Page 5 WHEREAS, this position will be an opportunity for internal promotion for qualifying Recreation Program Coordinators and provide supervision of the Recreation Division at the Youth Bureau, and WHEREAS, no additional funds are being requested for this position, and WHEREAS, the 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 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)." RESOLVED, That said roster amendment will be made within existing funds of the 2015 authorized Youth Bureau budget. A vote on the resolution resulted as follows: Passed unanimously. 2.3 YB – Request to Amend 2015 Budget Moved by Alderperson Clairborne. Seconded by Alderperson Smith. WHEREAS, the Ithaca Youth Bureau would like to amend the 2015 budget, and WHEREAS, the Youth Bureau will be doing staffing for the Friends of the Ithaca Youth Bureau, and WHEREAS, the Friends of the Ithaca Youth Bureau has approved staffing assistance and will reimburse the 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 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 City Administration Committee Meeting April 15, 2015 Page 6 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 A vote on the resolution resulted as follows: Passed unanimously. 2.4 Planning – Replacement of Stone Sidewalk in East Hill Historic District Moved by Alderperson Smith. Seconded by Alderperson Fleming. 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 WHEREAS, The Ithaca Landmarks Preservation Commission (ILPC) received an application for a “Certificate of Appropriateness”, dated February 2, 2015, from 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 Municipal Code, and City Administration Committee Meeting April 15, 2015 Page 7 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 the 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 the Ithaca 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, the proposal to replace the stone sidewalks fronting 218 and 220 Eddy Street with concrete is considered prudent and feasible, and be it further RESOLVED, That the Ithaca 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. A vote on the resolution resulted as follows: Passed unanimously. 3. Finance, Budget, and Appropriations 3.1 DPW - Request for Funding for Engineering Services Agreement for Enhanced Primary Feasibility Study for WWTF Moved by Alderperson Fleming. Seconded by Alderperson Smith. 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 City Administration Committee Meeting April 15, 2015 Page 8 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. A vote on the resolution resulted as follows: Passed unanimously. 3.2 Attorney – Request for Funds for Litigation and Legal Services Moved by Alderperson McGonigal. Seconded by Alderperson Clairborne. 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 City Administration Committee Meeting April 15, 2015 Page 9 A1930-5000 Judgments and Claims $100,000 for the purposes of funding future litigation and legal services. A vote on the resolution resulted as follows: Passed unanimously. 3.3 DPW – Authorization to Fund Seasonal Position Moved by Alderperson Smith. Seconded by Alderperson Fleming. WHERAS, The Forestry Technician position has not been funded for several years, and WHEREAS, the main duties of this position are to the maintenance of the city tree inventory and support 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; now, therefore be it RESOLVED, That the 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. A vote on the resolution resulted as follows: Passed unanimously. 4. Performance Measures. Nothing Submitted. 5. Common Council 5.1 Mayor’s Office – Local Law to Implement Sustainable Energy Loan Program Moved by Alderperson Smith. Seconded by Alderperson Clairborne. LOCAL LAW NO. – 2015 BE IT ENACTED by the Common Council of the City of Ithaca follows: City Administration Committee Meeting April 15, 2015 Page 10 Section 1. Chapter 4 of the City of Ithaca Municipal Code entitled “Administration of Government” is hereby amended by adding and Article VII entitled “Energize NY Benefit Financing Program,” to read as follows: ARTICLE VII §4-33. Legislative findings, intent and purpose, authority. A. It is the policy of both the City of Ithaca (hereinafter, “City”) and the State of New York to achieve energy efficiency and renewable energy goals, reduce greenhouse gas emissions, mitigate the effect of global climate change, and advance a clean energy economy. The City finds that it can fulfill this policy by providing property assessed clean energy financing to property owners for the installation of renewable energy systems and energy efficiency measures. This chapter establishes a program that will allow the Energy Improvement Corporation (“EIC”), a local development corporation, acting on behalf of the City, to make funds available to qualified property owners that will be repaid by such property owners through charges on the real properties benefited by such funds, thereby fulfilling the purposes of this chapter and fulfilling an important public purpose. B. The City is authorized to implement this Energize NY Benefit Financing Program pursuant to Article 5-L of the New York General Municipal Law. C. This chapter shall be known and may be cited as the “Energize NY Benefit Financing Program Law of the City of Ithaca”. §4-34. Definitions For purposes of this Article, and unless otherwise expressly stated or unless the context requires, the following terms shall have the meanings indicated: Authority – The New York State Energy Research and Development Authority, as defined by subdivision two of section eighteen hundred fifty-one of the public authorities law, or its successor. EIC – the Energy Improvement Corporation, a local development corporation, duly organized under section fourteen hundred eleven of the Not-For-Profit Corporation Law, authorized hereby on behalf of the City to implement the Energize NY Benefit Financing Program by providing funds to qualified property owners (as defined in this chapter) and providing for repayment of such funds from monies collected by the City tax collector as a charge to be levied on the real property and collected in the same manner and same form as the City taxes. Energy Audit – A formal evaluation or “assessment” of the energy consumption of a permanent building or structural improvement to real property, conducted by a contractor certified by the Authority, or certified by a certifying entity approved by the Authority, for the purpose of identifying appropriate energy efficiency improvements that could be made to the property. Energy Efficiency Improvement – Any renovation or retrofitting of a building to reduce energy consumption, such as window and door replacement, lighting, caulking, weather stripping, air sealing, insulation, and heating and cooling system upgrades, and similar improvements, determined to be cost- City Administration Committee Meeting April 15, 2015 Page 11 effective pursuant to criteria established by the Authority, not including lighting measures or household appliances that are not permanently fixed to real property. Qualified Property Owner – An owner of residential or commercial real property located within the boundaries of the City that is determined to be eligible to participate in the Energize NY Benefit Financing Program under the procedures for eligibility set forth under this chapter. Renewable Energy System – An energy generating system for the generation of electric or thermal energy, to be used primarily at such property, by means of solar thermal, solar photovoltaic, wind, geothermal, anaerobic digester gas-to-electricity systems, fuel cell technologies, or other renewable energy technology approved by the Authority not including the combustion or pyrolysis of solid waste. Renewable Energy System Feasibility Study – A written study, conducted by a contractor certified by the Authority, or certified by a certifying entity approved by the Authority, for the purpose of determining the feasibility of installing a renewable energy system. §4-35. Establishment of an Energize NY Benefit Financing Program A. An Energize NY Benefit Financing Program is hereby established by the City, whereby EIC acting on its behalf, may provide funds to Qualified Property Owners in accordance with the procedures set forth under this chapter, to finance the acquisition, construction and installation of Renewable Energy Systems and Energy Efficiency Improvements and the verification of the installation of such systems and improvements. B. The funds provided shall not exceed the lesser of ten percent of the appraised value of the real property where the Renewable Energy Systems and/or Energy Efficiency Improvements will be located, or the actual cost of installing the Renewable Energy Systems and/or Energy Efficiency Improvements, including the costs of necessary equipment, materials, and labor and the cost of verification of such systems and improvements. §4-36. Procedures for eligibility A. Any property owner in the City may submit application to EIC on such forms as have been prepared by EIC and made available to property owners on the website of EIC and at the City offices. B. Every application submitted by a property owner shall be reviewed by EIC acting on behalf of the City, which shall make a positive or negative determination on such application based upon the criteria for making a financing enumerated in subsection A of section 5 of this chapter. EIC may also request further information from the property owner where necessary to aid in its determination. C. If a positive determination on an application is made by EIC acting on behalf of the City, the property owner shall be deemed a Qualified Property Owner and shall be eligible to participate in the Energize NY Benefit Financing Program in accordance with the procedure set forth under section 6 of this chapter; provided that in no case shall a property owner that has received funds from another municipal corporation for the acquisition, construction and installation of Energy Efficiency Improvements and/or Renewable Energy Systems be deemed a Qualified Property Owner. §4-37. Application criteria City Administration Committee Meeting April 15, 2015 Page 12 A. Upon the submission of an application, EIC acting on behalf of the City, shall make a positive or negative determination on such application based upon the following criteria for the making of a financing: 1. The proposed Energy Efficiency Improvements and/or Renewable Energy Systems are determined to be cost effective by the Authority; 2. The proposed Energy Efficiency Improvements and/or Renewable Energy Systems will generate an estimated annual cost savings greater than the annual charge payments; 3. Sufficient funds are available to provide to the property owner; 4. The property owner is current in payments on any existing mortgage; 5. The property owner is current in payments on any existing real property taxes and has been current on real property taxes for the previous three years; and 6. Such additional criteria, not inconsistent with the criteria set forth above, as the City, or EIC acting on its behalf, may set from time to time. §4-38. Opt-in, Energize Finance Agreement A. A Qualified Property Owner may participate in the Energize NY Benefit Financing Program through the execution of an Energize Finance Agreement made by and between the Qualified Property Owner and EIC, acting on the behalf of the City. B. Upon execution of the Energize Finance Agreement, the Qualified Property Owner shall be eligible to receive funds from EIC acting on behalf of the City, for the acquisition, construction, and installation of qualifying Renewable Energy Systems and Energy Efficiency Improvements; provided the requirements of section 7 of this chapter have been met. C. The Energize Finance Agreement shall include the terms and conditions of repayment set forth under section 8 of this chapter. §4-39. Energy audit, renewable energy system feasibility study A. No funds shall be made available for Energy Efficiency Improvements unless determined to be appropriate through an Energy Audit as defined in Section 2. B. No funds shall be made available for a Renewable Energy System unless determined to be feasible through a Renewable Energy System Feasibility Study as defined in Section 2. C. The cost of such Energy Audit and/or Renewable Energy System Feasibility Study shall be borne solely by the property owner but may be included in the financed amount if the work is approved. §4-40. Terms and conditions of repayment The Energize Finance Agreement between the Qualified Property Owner and EIC acting on behalf of the City, shall set forth the terms and conditions of repayment in accordance with the following: A. The principal amount of the funds paid to the Qualified Property Owner hereunder, together with the interest thereon, shall be paid by the property owner as a charge on its City tax bill and shall be levied and collected at the same time and in the same manner as City property taxes, provided that City Administration Committee Meeting April 15, 2015 Page 13 such charge shall be separately listed on the tax bill. The City shall make payment to EIC or its designee in the amount of all such separately listed charges within 30 days of the City tax due date. B. The term of such repayment shall be determined at the time the Energize Finance Agreement is executed by the property owner and EIC, provided that in no case shall the term exceed the weighted average of the useful life of the systems and improvements as determined by EIC acting on behalf of the City. C. The rate of interest for the charge shall be fixed by EIC acting on behalf of the City at the time the Energize Finance Agreement is executed by the property owner and EIC. D. The charge shall constitute a lien upon the real property benefited by the Energize NY Benefit Financing Program and shall run with the land. A transferee of title to the benefited real property shall be required to pay any future installments, including interest thereon. §4-41. Verification and report A. EIC shall be responsible for verifying and reporting to the City on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by such program. B. The City shall verify and report on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by the Energize NY Benefit Financing Program in such form and manner as the Authority may establish. Section 2. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof 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. Section 3.This local law shall take effect upon filing with the Secretary of State. After discussion, Alderperson Clairborne made a motion to table this item until next month. Seconded by Alderperson Smith. Motion carried unanimously. 5.2 Mayor’s Office - Authorization to Implement and Administer a Sustainable Energy Loan Program Moved by Alderperson Smith. Seconded by Alderperson Clairborne. WHEREAS, by Local Law No.__ of 2015, the City of Ithaca created the Energize NY Benefit Financing Program within the city that utilizes the Energy Investment Corporation (EIC), a local development corporation acting on behalf of the City, to provide property assessed clean energy (PACE) financing to assist qualified property owners undertake energy-efficiency measures and install renewable-energy systems, and WHEREAS, a Municipal Agreement is required to establish the roles, responsibilities, and obligations of the EIC and the City in the administration of the Energize NY Benefit Financing Program; now, therefore, be it City Administration Committee Meeting April 15, 2015 Page 14 RESOLVED, That the Mayor, upon review of the City Attorney, is hereby authorized to enter into a Municipal Agreement with the Energy Improvement Corporation that shall set forth the duties and obligations of each party in connection with the City’s participation in the Energize NY Benefit Financing Program. After discussion, Alderperson Clairborne made a motion to table this item until next month. Seconded by Alderperson Smith. Motion carried unanimously. 6. Budget Process 6.1 Doodle Poll – Budget Schedule: Chief of Staff Sutherland reported that only two (2) Common Council members did not respond to the survey. The members that responded to the poll most could make the dates and times given. Controller Thayer, Chief of Staff Sutherland and Alderperson Mohlenhoff will meet to put together the tentative budget schedule for 2015 and send to Council members. Mr. Sutherland reported that Common Council will have the Mayor’s budget prior to it being released; allowing them time to read prior to the first budget meeting. He is also working with departments about what will or will not be in their budgets. 7. Meeting Wrap-up 7.1 Announcements. None. 7.2 Next Meeting Date: May 20, 2015. 7.3 Review, Agenda Items for Next Meeting. None. 7.4 Adjourn: With no further business and on a motion by Alderperson Smith, the meeting was adjourned at 9:05 p.m.