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HomeMy WebLinkAbout10-30-12 City Administration Committee Meeting AgendaJ:\DRedsicker\AGENDAS\City Admin Comm\2012\10-30 CA Agenda.doc 10/30/12 City Administration Meeting Tuesday, October 30, 2012 Following 6:00 p.m. Budget Meeting City Hall - Council Chambers PLEASE NOTE CHANGE IN DATE AGENDA 1. Chairperson Greeting & Opening Statement 2. Announcements 3. Agenda Review and Amendments 4. Approval of Minutes 5. Statements from the Public 6. Employee Comments 7. City Administration Members Response 8. Workforce Diversity Committee 9. Mayor’s Report 10. Department of Public Works 10.1 Addition of Water Treatment Plant Operator Title for the Water 10 Min Treatment Plant – Resolution 11 Fire Department 11.1 Status of Volunteer Companies with No Active Members Resolution – 15 Min To Inactivate and dissociate Ithaca Volunteer Fire Companies with no Active members from the Ithaca Fire Department 12. IURA 12.1 Approve use of Gateway Proceeds for loan assistance to State Theatre 15 Min of Ithaca, Inc. for the State North Community Center Project - Resolution 12.2 EPA Brownfield Cleanup Grant Application for the Ithaca Falls 15 Min Overlook Site - Resolution 13. Clerk’s Office 13.1 Special Events Policy 20 Min 14. Human Resources 14.1 Director’s Report 5 Min 15. Finance/Controller’s Office 15.1 Controller’s Report 5 Min 16. Budget After Thoughts 15 Min Next Month’s Meeting: Wednesday, November 28, 2012 J:\DRedsicker\AGENDAS\City Admin Comm\2012\10-30 CA Agenda.doc 10/30/12 .1 Addition of Water Treatment Plant Operator Title for the Water Treatment Plant 10. Department of Public Works WHEREAS, the City of Ithaca Department of Public Works Water & Sewer Division, Water Treatment Plant will have one operator, taking advantage of the City Retirement Incentive in December of 2012, and WHEREAS, this operator is the overnight shift operator and the need to create, fund, fill and train a replacement as close as possible prior to the retirement is an immediate need, and WHEREAS, using the recently filled float shift operator position to fill this vacancy is only a short term fix and leaves the plant short staffed again for operational coverage, maintenance capabilities and will result in an increase in overtime. The Water Plant is a 24/7 operation and having adequate staffing to cover for operations and maintenance is an essential need to assure proper production of water that will continue to meet state and federal requirements, and WHEREAS, funding for this new position is from within the existing 2012 budget, due to title and duty changes in 2012; the position was reviewed and approved through Vacancy Review on September 10, 2012, Civil Service Commission on September 12, 2012, and Board of Public Works on October 22, 2012. As part of the approval, this new title will be funded for 2012 and will remain on the roster unfunded for 2013 for an anticipated requirement for extra coverage and to reduce overtime; now, therefore be it RESOLVED, That Common Council approves this title and its requirements, and hereby creates the Water Treatment Plant Operator title/position with the corresponding funding at the City of Ithaca Water Treatment Plant. J:\DRedsicker\AGENDAS\City Admin Comm\2012\10-30 CA Agenda.doc 10/30/12 .1 Status of Volunteer Companies with No Active Members Resolution – To Inactivate and dissociate Ithaca Volunteer Fire Companies with no active members from the Ithaca Fire Department 11. Fire Department WHEREAS, there currently are 8 volunteer Fire Companies, authorized by the City Charter to operate under the oversight of the Ithaca Board of Fire Commissioners in providing fire services as part of the Ithaca Fire Department, and WHEREAS, per the City Charter – Section C-96. Powers and duties of Board, it is the duty and responsibility of the Board of Fire Commissioners to organize new companies and to disband any Department company, subject to the approval of the Common Council…., and WHEREAS, the Board of Fire Commissioners has acted to transfer all active volunteer members of the Ithaca Fire Department, who are not already members of Neriton Company 9 into said company; now, therefore be it RESOLVED, That the following 7 volunteer companies, who no longer have active members volunteering with the Ithaca Fire Department: Company 1 – Cayuga Hose, Company 2 – Rescue Steamer & Chem, Company 3 – Tornado Hook and Ladder, Company 4 – Eureka Patrol, Company 5 – Torrent Hose, Company 6 – Sprague Steamer and Hose, and Company 7 – Catarack Hose will, upon approval of the Common Council of the City of Ithaca, be inactivated and dissociated from the Ithaca Fire Department as Volunteer Fire Companies, and are no longer to be considered part of the Ithaca Fire Department; as such, these companies shall no longer be approved by the Board of Fire Commissioners to recruit individuals to be active members of the Ithaca Fire Department or to engage in the prevention and extinguishment of fires, and be it further RESOLVED, That any issues regarding 2% funds that were distributed previously to these 7 Volunteer Companies, will be handled per law and regulation, as specified by the N.Y. State Comptroller’s Office if timely so specified, and be it further RESOLVED, That the Board wishes to recognize the debt owed to those who are currently members of these companies for their current and past service to their Companies and to the Community, and it is with a profound sense of humility and reluctance that the Board takes these actions, but it does so with the belief that these changes will provide the greatest opportunity for enhancing and continuing the long tradition of volunteer fire service to the community. J:\DRedsicker\AGENDAS\City Admin Comm\2012\10-30 CA Agenda.doc 10/30/12 .1 Approve use of Gateway Proceeds for loan assistance to State Theatre of Ithaca, Inc. for the State North Community Center Project 12. IURA WHEREAS, on September 7, 2012, State Theatre of Ithaca Inc. (STI) applied to the Ithaca Urban Renewal Agency (IURA) for $400,000 of loan assistance for a $1.3 million project to acquire the former Masonic Temple building to renovate and operate it for “State North Community Center” (SNCC) located at 115-117 N. Cayuga Street, Ithaca, NY, and WHEREAS, STI seeks to induce the property owner to sell the 115-117 N. Cayuga Street property by submitting a $1 million cash purchase offer, and WHEREAS, the project is intended to benefit the community as well as generate income over the long-term to enhance the financial sustainability of STI, the owner of the State Theatre, and WHEREAS, the proposed SNCC is further intended to, in part, address a shortage of community meeting and assembly space in the community resulting from the sale and demolition of the Women’s Community Building that in 2008 hosted over 80 uses of its auditorium and over 120 uses of its meeting room, and WHEREAS, the building is proposed to be leased to a variety non-profit organizations, including the New Roots Charter School (New Roots) as the anchor ground floor tenant, provide a performance/ assembly space to be managed by the STI for community and performance use when not being utilized by New Roots, provide nonprofit organization office space and access to the New Roots kitchen for community use, and WHEREAS, the proposed uses of project funds are: $1,000,000 property acquisition $250,000 renovations $26,000 property taxes $50,000 $1,300,000 Total, and working capital WHEREAS, the proposed sources of project funds are: $500,000 Park Foundation loan $400,000 IURA loan $250,000 Bank loan $200,000 $1,300,000 Total, and TCAD loan WHEREAS, all non-bank project debt is structured as interest-only debt payments with balloon payments due at various times, and WHEREAS, the proposed project does not create affordable housing or commit to create jobs, so the project is not eligible for funding assistance from CDBG, HOME or HODAG funds administered by the IURA, and J:\DRedsicker\AGENDAS\City Admin Comm\2012\10-30 CA Agenda.doc 10/30/12 WHEREAS, the project is an eligible use of Gateway proceeds (current approximate balance $447,000), administered by the IURA subject to Common Council approval, but $100,000 per year of Gateway proceeds are earmarked as contributions to the Housing Fund to support affordable housing, so only short-term, low-risk use of Gateway proceeds is appropriate, and WHEREAS, the project is an eligible use of UDAG and other non-HUD funds administered by the IURA, but the total amount of such funds available is only approximately $200,000, and WHEREAS, STI proposes to repay IURA principal on the following schedule: $250,000 will be repaid after 2 years $150,000 $400,000 will be repaid after 3 years WHEREAS, the anchor tenant lease covers 87% of projected operating expenses, including interest-only debt service payments, and WHEREAS, STI plans to retire project debt through a capital campaign with guidance from West Wind Consulting Strategies in Fundraising, LLC pay principal, and WHEREAS, after two years the project is projected to have accumulated cash flow of approximately $120,000, an amount insufficient to meet the principal repayment schedule to the IURA unless the capital campaign is successful thereby requiring substantial loan security to ensure timely repayment for a short-term loan, and WHEREAS, the former Masonic Temple building is a locally designated landmark building, located within the Urban Renewal Area Plan map, that has remained largely vacant for over ten years, and WHEREAS, the acquisition, renovation and utilization of the highly visible and historically significant building at 115-117 N. Cayuga Street furthers the Urban Renewal Plan’s objective to improve the social, physical and economic characteristics of the Plan’s neighborhoods, and WHEREAS, the project will convert a taxable building to tax-exempt status reducing City property tax revenues by approximately $8,500 annually, and WHEREAS, making the auditorium and kitchen facility available for community use is a public benefit that may compensate for the reduction in property tax revenues, and WHEREAS, at their September 27, 2012 meeting the IURA approved a loan subject to the following terms: Borrower: State Theatre of Ithaca, Inc., or an affiliated entity Loan Amount: Up to $400,000 Sources of Funds: Gateway Proceeds: $250,000 UDAG & non-CDBG funds: $150,000 J:\DRedsicker\AGENDAS\City Admin Comm\2012\10-30 CA Agenda.doc 10/30/12 Project: Acquisition, renovation, and operation of the former Masonic Temple building for the State North Community Center at 115-117 N. Cayuga Street, Ithaca, NY Total Project Cost: $1,300,000 Projected Use of IURA Funds: Property acquisition Term: 3 years Interest Rate: 2% annually Repayment: Interest-only payments due with $250,000 principal payment due on the 2nd year anniversary and $150,000 principal payment due on the 3rd year anniversary of the loan Security: 1. Personal guarantee of Mack Travis and/or other persons of sufficient net worth and liquidity to repay the loan in the event of a default as evidenced by submission of a satisfactory personal financial statement as determined by the IURA Chairperson. 2. Assignment of a total of $400,000 face value life insurance from guarantor(s) securing the loan Job Creation Requirement: None Conditions: 1. City of Ithaca Common Council approval for use of Gateway Funds; 2. Submission of written funding commitments for match funding totaling at least $900,000; and 3. Submission of anchor lease commitment consistent with assumptions contained in the loan application. Reporting: 1. Annual submission of profit & loss statement for the State North Community Center 2. Annual submission of inventory of community use of the auditorium and kitchen now, therefore, be it RESOLVED, That City of Ithaca Common Council hereby authorizes the IURA-proposed use of up to $250,000 of Gateway Proceeds to provide loan assistance for the State North Community Center project at 115-117 N. Cayuga Street. 1 State Theatre of Ithaca, Inc. State North Community Center Project Plan — "Making It Happen!" September 1, 2012 ___________________________________________ 1. EXECUTIVE SUMMARY Introduction In July, 2012, The Women's Community Building (the "WCB") located at the intersection of North Cayuga and Seneca Streets in downtown Ithaca, New York was demolished to permit construction of 50 units of affordable housing. While the building had little architectural significance, it served as the de facto downtown community center, playing host to more than fifty local groups for meetings and events and serving as the modestly-priced home to a number of local not-for-profit organizations. Among the displaced was the New Roots Charter School ("NRCS") which used the WCB's auditorium as its cafeteria. This served as a safe and convenient location for the students given the School's primary home in The Clinton House directly across the street from the WCB. That same large open space (as well at other rooms in the building) was shared on an event-by-event rental basis by such organizations as t he Rotary Club, LaLeche League, the Ithaca Board of Realtors, the Ithaca Garden Club, the Latino Civic Association and Joy of Singing. It was also rented out to the very popular CD and Record Fair and was home to numerous weddings and other jo yous occasions. A copy of the WCB's 2009 rental rates and a summary of usage for that year (the most recent data provided) is incorporated herein as an appendix to this plan. Most of the not-for-profit organizations that leased space on an ongoing basis have found new homes, though there is evidence, both documented in a study conducted by TIDES ("The NonprofitCenters Network") and seen anecdotally by Elena Salerno Flash, Esq., counsel to this project, through her work with numerous not-for-profit organizations, of strong demand for new low-cost space. While NRCS has found a temporary location for its cafet eria in St. Catherine's Greek Orthodox Church a block to the west, the event-oriented groups have been less successful in finding affordable space in downtown. The work done by TIDES is significant in terms of the local organizations involved in its development, the NFPs and community stakeholders that took part in focus groups, and the broad spectrum of organizations that were interviewed. The "Ithaca Nonprofit Center Feasibility Findings" study was conducted in Fall of 2010 and was prepared in collaboration with a local planning committee composed of the following organizations: the Downtown Ithaca Alliance, the Park Foundation, United Way of Tompkins County, Sustainable Tompkins, the 2 Tompkins County Human Services Coalition, the Community Arts Partnership, and the Community Foundation of Tompkins County. The study's findings, which pointed out a significant need for not just physical space for not-for-profit organizations but for a place that fosters working cooperatively with shared services while nurturing innovation, were the result of a series of focus groups and one-on-one interviews involving numerous NFPs, Ithaca College and Cornell University, The City of Ithaca, Tompkins County and commercial property owners. A particularly important conclusion of the study was that creating such an environment would be nearly impossible in a for-profit building that would require market rents, but would need a place funded, owned and operated by one or more NFPs; the State Theatre/Masonic Temple project has been crafted with this in mind, both in terms of its proposed ownership and its funding structure. Located just over a block to the south of the WCB is the State Theatre (www.stateofithaca.com), a 1,642 seat community entertainment complex. It has been owned and operated by the not-for-profit State Theat re of Ithaca, Inc. ("STI") since 2008. The theatre has housed vaudeville, first-run movies, and performing arts over its 80-year history. It is now one of the most successful historic performing arts venues in the country, hosting national and international music groups and comedy acts, local theatre productions, t he Ithaca Ballet and a variety of other events. STI's primary mission is to "present top-quality entert ainment in a variety of formats to enhance the lives of the residents of the Ithaca community and the surrounding Finger Lakes region," and it does this exceedingly well. STI's management and its board of directors recognize that that mission could be furthered with the addition of a smaller performance space, one that could more comfortably accommodate local groups that would be swallowed up by the theatre's size. In addition, STI recognizes it has a unique obligation as one of the key not-for- profit organizations in Ithaca's downtown to do things to further enhance the vitality and vibrancy of the city center and the overall community's quality of life. Project Description Where Cayuga and Seneca streets cross paths is one of t he more interesting intersections in downtown Ithaca. On one corner sits the former site of Ithaca High School, converted some 40 years ago into apartments, offices and an enclosed mall of small shops and restaurants; on another sits the aforementioned Women's Community Building, soon to be called Breckenridge Place when its much-needed affordable housing units are completed; on yet another is the Clinton House, a beautiful Greek Revival structure originally built in 1828-29 and home to the NRCS as well as the Ithaca Transcendent al Meditation Program, 3 numerous law firms and other businesses; and on the fourth, the Masonic Temple at 115-17 North Cayuga Street. Constructed in 1925-26 and originally used as a fraternal lodge for Freemasons, the 17,500 square foot limestone-clad Masonic Temple has sat largely unused for more than ten years. It was most recently leased by t he current owner to a nightclub operator; immediately prior to that, it was operated as a high-end restaurant. Neither commercial operation proved successful, and a replacement tenant under terms acceptable to the owner has not been forthcoming. Because the building is on both the Federal and State Registries of Historic Places, changes to the building's exterior and interior are subject to government regulation and review. The current owner has not been per mitted to demolish the building for new development nor has he been allowed to alter the facade to permit the windows a conversion to condominiums would require. This is essentially a limited use building in need of a different sort of plan, one that is non-commercial in nature. The opportunity is at hand and the need is great to put this historic building to good use once again. To that end, it is proposed that STI become the owner and operator of the Masonic Temple. The building consists of a full ground floor that currently features a 2,650 square foot high ceiling "Auditorium" and stage, a 2,200 square foot "Main Hall", a large commercial kitchen area and various smaller rooms; a partial second floor with a 2,600 square foot "Chapter Hall", a 670 square foot bar area, and various small rooms; a small third floor with a 570 square foot Sunroom" and other small rooms; and a full basement that contains the building's heating boilers and fire suppression system, one food cooler, one dry food storage room, and open space suitable for storage. It is anticipated that approximately 2,420 square feet of storage units can be created to provide up to $28,000 in annual inco me to the project. Upon acquiring the Masonic Temple, STI will undertake approximately $250,000 in renovations to correct deferred maintenance issues, restore the building's exterior fascia, upgrade the building's basic systems where necessary, add air conditioning to the auditorium and provide for handicap access to the first and second floor spaces via an exterior ramp and a new internal elevator. Because the Masonic Temple is classified as "public assembly space," there are numerous permitted uses, and all elements of this project take advantage of that. STI intends to use the Auditorium as an additional perfor mance space, and has reached agreement with the New Roots Charter School ("NRCS") to lease the school that same area and the kitchen on a shared basis. NRCS has also agreed to lease the balance of the first floor for expansion classrooms and offices. 4 STI intends to lease the second and third floor spaces t o various not-for-profit organizations to be used as offices and also intends to make the Auditorium available to other local groups on a rental basis for events and meetings, and to create storage units in the basement for rent to third part ies. In addition to the foregoing, STI and NRCS intend to creat e an after-school youth activity program that has been long-sought by the community. Such programs provide supervised activities for teens typically between t he hours of 3 and 6 p.m., three to five days per week. The benefit of affording teens supervised activities between the end of the school day and the end of their parents' work day is considerable and will serve to enhance late afternoon life on the Commons and surrounding blocks by giving teens a place to go and interact in positive, playful and creative ways. Broadly restated, the benefits of the project are: 1. converts a very visible, long-vacant downtown building to active, sustainable occupancy that is not competitive with downtown's existing cultural institutions; 2. facilitates the community-oriented ownership of the property under the guidance of a strong, professional board of directors; 3. ensures the long-term preservation of a historically significant building that is currently showing visible signs of neglect; 4. enables local community groups and civic organizations to ut ilize public assembly space on a short-term (hourly, daily) basis at below-market rates for meetings, community breakfasts, etc. that were once held in the WCB; 5. provides NRCS with dining/activity space that was formerly a function of the Women's Community Building; 6. provides NRCS with needed additional classroom and office space; 7. provides for a much desired supervised teen activity program; 8. allows for the leasing of office space to not-for-profit organizations at below- market rental rates; 9. and finally, creates an opportunity for job creation/ret ention in downtown. Project Acquisition STI has reached an agreement in principle to acquire the Masonic Temple from its present owner, Jason Fane, for $1 million. The project is predicated on Mr. Fane's final agreement to transfer title of the property to STI once full funding of the 5 purchase price has been achieved. All funds committed to the property's acquisition as well as an additional $300,000 to cover immediate renovations, closing costs, real property taxes payable through July, 2013 and other carrying costs will be held in escrow by STI's legal counsel Miller Mayer, LLP until the closing. STI's board of directors passed a resolution approving the purchase on September ___, 2012. The New Roots Charter School & Lease With STI Chartered by the State University of New York Board of Trustees in 2008, New Roots Charter School (www.newrootsschool.org) is a public high school open to any student in New York State who is eligible to attend NYS public schools. The school’s primary instructional space and administrative offices are located in The Clinton House, directly across the street from the Masonic Temple. The school started with 107 students and has grown to an anticipated enrollment of over 200 students for the 2012-13 school year. New Roots has reached its physical limits for accommodating students, and has established a waiting list for several grades for the first time in the school’s history. NRCS receives funding on a per-student basis, invoicing up to 20 regional school districts for the state and federal aid that they receive on behalf of the students enrolled at New Roots who live within their district boundaries. NRCS's mission is to prepare its diverse student body to meet the challenges of citizenship, work, and life-long learning in the 21st century. The school's interdisciplinary academic program features hands-on, community-based learning that supports students in solving real-world problems. New Roots Charter School students earn a Regents diploma and demonstrate readiness for higher education by earning college credit and creating a graduation portfolio that demonstrates that they have met or exceeded all 28 New York State Learning Standards. The school community is designed to create a model of secondary education that integrates best practices in sustainability education with those proven to support educational equity. New York State issues charters for public schools for an initial term of five years, Charter schools can apply for renewal at the end of each term. NRCS is beginning its fourth year of operations and will submit their case for renewal in August 2013 based on the Institute’s established Renewal Benchmarks for academic success, organizational viability, fiscal soundness, and plans for the next charter renewal. There is clear evidence that the school is in a strong position to earn the renewal of its charter for a second term from the perspective of the school’s authorizer. In a final school evaluation report from the Charter Schools Institute dated September 26, 2011, the conclusion was that “based on the analysis of evidence from the evaluation visit, New Roots is on a trajectory towards meeting its 6 Qualitative Educational Benchmarks (a component of the Renewal Benchmarks) by the time of renewal.” Additionally, the school has had exemplary fiscal management practices, as evidenced by yearly audits by independent auditors Ciaschi, Dietershagen, Little and Mickelson, a recent audit by New York State comptroller’s office that revealed only minor errors in the school’s billing and purchasing practices. Additionally, the school is demonstrating yearly growth in academic accountability measures, already meeting and exceeding key measures in just its third year of operations. NRCS will serve as the project's anchor tenant, making use of approximately 7,555 square feet of the building; 4,615 square feet of that will be used on a 50% shared basis and the remainder will be used exclusively for school purposes. Like the school’s lease with the Clinton House, the lease between STI and NRCS will be linked to the 5-year charter renewal terms for up to 20 years of occupancy. The rent proposed for the first year will be $89,208, and NRCS will pay an anticipated additional $24,000 per year as its prorated share of the annual cost for electricity, gas and water. Both the rent and NRCS's share of utility costs will increase annually based upon the percentage change in the Consumer Price Index ("All Items"). STI will be responsible for maintenance and repair of the exterior and interior of the building, trash removal, and providing common area janitorial services, including service to rest rooms and kitchen after evening or weekend events. NRCS will be responsible for janitorial services to the kitchen, cold food storage areas and its office, restrooms and classroom spaces. NRCS will be responsible for providing supervised management of the after- school youth program, a program that will be initiated once funding outside of school operating costs has been secured by community cent er supporters. The lease between STI and NRCS will become effective once the needed renovations of and repairs to the building are completed, expected to be no later than June 1, 2013. Running to Places Theatre Company - Potential Second Floor Tenant Discussions have begun with the Running to Places Theatre Company ("R2P") for space on the building's second floor. Started in 2007, R2P is a nonprofit theatre company for teens that rehearses and performs across the Tompkins County area – hence the name. The company is made up of about "150 passionate and dedicated youth in grades 6-12 that come together to build community while making great theatre." R2P's productions, many of which have taken place in the State Theatre, have been warmly received by the community. The company benefits from substantial financial support provided by local foundations, youth organizations and individuals. 7 R2P has expressed strong interest in renting three offices plus space for a dance studio, all of which can be accommodated on the second floor. 2. PROPOSED SOURCES & USES OF FUNDS Source of Funds: Park Foundation $ 500,000 Ithaca Urban Renewal Agency $ 400,000 Tompkins Trust Company $ 200,000 TCAD $ 200,000 $1,300,000 Use of Funds: Building acquisition $1.000,000 Immediate renovations $ 250,000 Closing costs, interest, misc. $ 24,000 Real property taxes $ 26,000 $1,300,000 It is proposed that that the Park Foundation provide $500,000 at 1%, interest only, for a term of ten (10) years through their PRI division; t he IURA provide $400,000 at 2%, interest only, $250,000 of which shall be due at the end 24 months and the balance at the end of 36 months; $200,000 from TCAD at 2%, interest only, for a term of ten (10) years; the Tompkins Trust Company provide $200,000 at 4.25%. interest only, for a term of ten (10) years. A "Stabilized Pro-forma Cash Flow Statement" covering ten years of operation is incorporated herein as an appendix to this plan. 3. BUILDING CONDITION & REQUIRED CAPITAL REPAIRS/UPGRADES A visual inspection of the building was conducted by Bill Petrillose and Jason Henderson of Travis Hyde Properties. Their findings are: 1. The roof appears to have no leaks but is at the end of it s service life. It is recommended that the existing tar patches be removed and t he roof resurfaced with an appropriate sealant product. Estimated cost is $19,000. 2. The foundation is in good condition. 3. The front entrance stairs require approximately $5,000 in repairs. 4. Exterior fascia repairs of $5,000 are needed. 5. The sprinkler system is in excellent condition. 6. The fire alarm system is in good working order and has two unused zones available for use with the proposed building configuration. 8 7. The boiler system is in good condition but will require an upgrade of the controls. 8. The building has adequate electric service at 400 amps, 3ph and is in good condition. 9. New lighting and interior electrical upgrades will be needed. Estimated cost is $15,000. 10. The Auditorium/stage area requires air conditioning. Estimated cost is $25,000. 11. New flooring in certain areas is needed as are new stair treads and refinishing of wood floors. Estimated cost is $50,000. 12. Wheelchair access to the building will be required and t he is adequate room to install a canopied ramp on the exterior of the building. Estimated cost of $15,000. 13. An elevator extending from the first to the second floor will be required; there is adequate interior space available for the installation, but extending the elevator to the basement and to the third floor is impractical. Estimated cost of $25,000. 14. Two new bathrooms built to meet ADA requirements are needed. Estimated cost is $40,000. 15. Lead paint remediation will be required. Estimated cost is $36,000. 16. Asbestos in basement and VCT tile removal on floors 1 - 3 will be required at and estimated cost of $15,000. The renovation/repair cost estimates total $250,000 and represent what is deemed necessary to make the building habitable for the uses proposed. There will be additional costs associated with the build-out of the NRCS office/classroom areas, but those costs will be the responsibility of the school. Additional renovation and restoration costs of approximat ely $750,000 are noted but the work may be done over an extended period of time. Funds for this work will be raised via government grants and fundraising within the community. 4. PROJECT & FACILITIES MANAGEMENT Project & Facilities Management STI will oversee leasing of the second and third floor office spaces and of the basement storage units. STI will also manage, in coordinat ion with NRCS, scheduling of all events occurring in the Auditorium. STI will also oversee the building's leasing and repairs and maintenance. It is anticipated that STI's overhead and administrative expenses associated with these tasks will be approximately $15,000 in the first year, increasing by inflation projected at 3% annually thereafter. 9 The management of STI — its executive director, Doug Levine. and Jean Hubbell, Director of Theatre Operations in particular — have considerable experience managing the organization's current real estate assets. In addition to the theatre's performance space itself, STI owns 105 West State Street, adjacent to the theatre, which has two market rate apartments; manages office and classroom space on the main building's second floor which is leased to NRCS through 2014; and a retail space on that building's ground floor which is leased to Blue Bird Antiques. 5. FUNDRAISING SERVICES Fundraising specific to the Masonic Temple for purposes such as paying for additional renovations and the retirement of the debt contemplated herein will be conducted by the board of directors of STI with guidance from Kathy Cole of West Wind Consulting Strategies in Fundraising, LLC (www.west- windconsulting.com). The firm provides campaign and annual fund services to Cornell University, Binghamton University, Ithaca College, the Hangar Theatre, the Rockwell Museum of Western Art, The Philadelphia Orchestra, and numerous other colleges, community-benefit and arts organizations. Prior to founding West Wind in 2002, Kathy spent a total of thirteen years at Cornell University completing her tenure there as the Director of the Cornell Fund where she led the University’s annual, leadership and reunion giving programs to raise between $16 million and $85 million annually. In this role, Kathy managed 25 staff members while serving on the University’s senior management team in development and helping to guide the programs and practices that enabled Cornell to raise over $400 million in gifts and commitments each year. 6. LEGAL SERVICES Legal services in connection with this project are being provided by Elena Salerno Flash, Esq. of Miller Mayer, LLP. Elena is a founding partner at the firm, concentrating her practice in health law, not-for-profit and tax exempt organization advising, and complex transactional work. Ms Flash also practices real estate law concentrating on commercial development and financing. Elena and her partner John Moss Hinchcliff, Esq. were integral to the formation of STI and that organization's acquisition of the State Theatre's assets from Historic Ithaca, Inc. J:\DRedsicker\AGENDAS\City Admin Comm\2012\10-30 CA Agenda.doc 10/30/12 .2 EPA Brownfield Cleanup Grant Application for the Ithaca Falls Overlook Site 12. IURA WHEREAS, the City of Ithaca and Ithaca Urban Renewal Agency (IURA) have been working with the property owner and a housing developer to remediate and redevelop the environmentally contaminated former Ithaca Gun factory site located at 121-125 Lake Street, Ithaca, NY for redevelopment of a 45-unit housing project and a linear public park providing views of the Ithaca Falls, and WHEREAS, as part of this effort the City accepted ownership of the Ithaca Falls Overlook site, an approximately 1-acre parcel adjoining the former factory that will be developed as a public park, and WHEREAS, the City was awarded a grant of $700,200 through the New York State Environmental Restoration Program (ERP) to define the nature and extent of environmental contamination on this site and cleanup the site, and WHEREAS, preliminary site investigation results suggest that additional resources may be necessary to complete the investigation and site cleanup to a standard expected by the community, and WHEREAS, New York State grant programs to cleanup brownfield sites are not accepting any new funding applications, and WHEREAS, the US Environmental Protection Agency (EPA) has announced the availability of funding through the Brownfield Cleanup Grants program with a submission deadline of November 19, 2012, and WHEREAS, EPA expects to award an estimated 73 cleanup grants for approximately $14 million, and WHEREAS, the EPA grant requires a 20% cost share in the form of a contribution of money, labor, material, or services from a non-federal source, and that the applicant be the owner of the brownfield parcel, and WHEREAS, the New York State ERP grant awarded to the City qualifies as match funding for the EPA grant, therefore no additional match funds are required for the EPA grant, and WHEREAS, the IURA has authorized funding for preparation of an EPA grant application for the Ithaca Falls Overlook site and committed staff resources to administer the grant; now, therefore be it RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized to submit an EPA Brownfields Cleanup Grant application for the City-owned Ithaca Falls Overlook site, and be it further RESOLVED, That should the grant be awarded to the City of Ithaca: J:\DRedsicker\AGENDAS\City Admin Comm\2012\10-30 CA Agenda.doc 10/30/12 1. the Mayor is authorized, upon the advice of the City Attorney, to execute any and all agreements to accept the grant; 2. Capital Project #768 - Ithaca Falls Overlook Investigation and Remediation – shall be increased up to an amount equal to the grant award, but not to exceed $400,000; 3. funds needed for said Capital Project shall be derived from the issuance of bonds or the advance from the General Fund with later repayment from the US Environmental Protection Agency; and 4. the Ithaca Urban Renewal Agency is hereby authorized to administer and implement the EPA Brownfields Cleanup Grant. J:\DRedsicker\AGENDAS\City Admin Comm\2012\10-30 CA Agenda.doc 10/30/12 .1 2013 Special Events Policy 13. Clerk’s Office WHEREAS, The Special Events Subcommittee of the City Administration Committee was tasked to review and revise the Special Events Policy for implementation in 2013 in order to reduce pressure on departmental budgets in the face of anticipated loss of available staff and resources to support special events, and allow event organizers to structure events and budgets (as practicable) to include the costs and responsibilities historically borne by the City, and WHEREAS, The City recognizes that special events are an important facet of the overall vitality of the City and holds a significant role in bringing people of the community together, enhances Ithaca’s quality of life and draws tourists to the area, and WHEREAS, A special event is defined in § 132-7 of the City Code as an event requiring three or more of the following permits: noise, assembly and parade, street closures, vending, alcohol, use of parks or city property; and WHEREAS, The Subcommittee has met regularly over the last eight months and had the participation and input of City staff, the Special Events Team, event organizers, members of the community, the Tompkins County Tourism Program, members of the Parks Commission and the Board of Public Works, and WHEREAS, Recommended changes to the Special Event Application, review and management process in 2013 include • Semi-annual strategic planning meetings held in February and October during annual policy review, to better coordinate and proactively foster event planning as well as make adjustments to the program in order to achieve goals • Special Event Applications will be expanded to include a description of the event’s community benefits, impacts on city resources, volunteer management plan, resource mitigation plan, and set-up/break-down plan and schedule • Fees for use of City property and staff for specified event-related expenditures • Review appropriate use of private security consistent with City responsibilities to maintain public safety and in balance with practicable utilization of IPD resources • Institute pre- and post-event inspection by DPW staff to identify and document event- related damage and initiate reimbursement claims for repairs now, therefore be it RESOLVED, That Common Council hereby approves the following recommendations of the Special Events Subcommittee and adopts the following policies and fees effective January 1, 2013: Special Events Policy for 2013: 1. The City will approve only one special event that requires City resources per calendar day; J:\DRedsicker\AGENDAS\City Admin Comm\2012\10-30 CA Agenda.doc 10/30/12 2. Any private security company used in an event must provide proof that all guards are certified and the company is licensed, bonded and insured; 3. Special event applications will not be considered for days that are deemed holidays for City employees if City employees are required for the event; 4. Applications for parades, in addition to walking, running, and biking events will only be considered for City-approved courses, provided that adequate resources such as law enforcement, traffic control and public works are provided for; 5. Individual Special Events using multiple locations simultaneously will be considered individual events and are subject to prior approval by the Mayor (except for events which utilize both the Commons and DeWitt Park such as Ithaca Festival, Apple Harvest Festival/First People’s Festival); 6. The City reserves the right to deny Special Events applications. Applicants may appeal decisions of the Special Events Team to the Mayor; 7. Events with unpaid financial obligations to the City will not be considered for future events; 8. This policy will be reviewed annually by Common Council. 2013 Organizer Costs and Fees • All required permit fees as defined by City code and Special Events Team • Fees will be applied for use of DPW work crews to set-up, break-down, relocate city equipment, and repair City facilities as follows: o 2012 DPW costs for labor and equipment is $70 per hour, overtime is 1.5  Non-routine duties include (but are not limited to) moving of bleachers, collection and disposal of trash, delivery and removal of event equipment.  Cost to post and remove a street block “No Parking” is $44/hr  Cost to deliver/pick up barricades is $35/hr  Organizer shall be responsible for trash collection. Bagged trash can be picked up by the DPW with the purchase of special event trash bags at a cost of $4.00/bag. • Fees may be applied for IPD costs as determined by the Special Events Team o 2012 IPD costs for labor and equipment is $72.50 per hour, overtime is 1.5 • Park and facility rental fees as per existing City policies and as specified below: o Rental fees for use of the East Lawn, Flag Lawn and West Lawn of Stewart Park shall be $20/hour for each area o Rental fees shall be charged for use of park facilities and pavilions during set up, event and break down time o Rental fees shall be charged during operating hours of the park o All event-related materials, tents and porta potties must be removed from site by 9am the next day to avoid application of rental fees for that day • Rental costs for signage, and replacement costs for lost or damaged barricades, bleachers or cones shall be applied • Failure to provide agreed upon volunteers at days/times promised in application will result in: o Responsibility for costs incurred by the City for substitute services o $200 fine for non performance o Possible event cancellation if public safety is jeopardized J:\DRedsicker\AGENDAS\City Admin Comm\2012\10-30 CA Agenda.doc 10/30/12 • Failure to break down or clean up per committed timeline promised in application will result in: o Responsibility for costs incurred by the City for substitute services o $200 fine for non performance 2012.10.18 Proposed Policy Changes for 2013.docx 1 Special Events Subcommittee (Updated 10.18.2012) Proposed Goals and Special Events Policy for 2013 Executive Summary Resulting from several meetings of the Special Events sub-committee of the City Administration committee, this draft memo outlines the proposed goals, objectives, policies, and process for the Events and Festivals program in 2013 for the City of Ithaca. Goals for Special Events Subcommittee for 2013: • Support a diverse variety of events that enhances the vitality and quality of life in the City • Improve collaboration between the City, County Tourism Program, and Event Organizers • Expand use of event volunteers and promote use of "target" event zones • Integrate support for Special Events into day-to-day city operations as much as reasonably possible to minimize non-routine staff duties and law enforcement overtime • Create a Special Events fee for use of City parks • Recover partial costs of non-routine duties attributed to Special Events with itemized fee structure • Support de-briefing follow up with event organizers to promote improved planning for recurring events through management and safety After Action reports • Review overall festival and events program annually in terms of progress against these goals • Institute process for pre- and post-event inspection of site by DPW staff to identify event-related damage and initiate claim reimbursement for repairs. Process may include changes to damage deposit policy and management of deposits/reimbursements. Proposed Special Events Policy for 2013 based on 2012 Policy: 1. The City will approve only one special event that requires City resources per calendar day; 2. Any private security company used in an event must provide proof that all guards are certified and the company is licensed, bonded and insured; 3. Special event applications will not be considered for days that are deemed holidays for City employees if City employees are required for the event; 4. Applications for parades, in addition to walking, running, and biking events will only be considered for City-approved courses, provided that adequate resources such as law enforcement, traffic control and public works are provided for; 5. Individual Special Events using multiple locations simultaneously will be considered individual events and are subject to prior approval by the Mayor (except for events which utilize both the Commons and DeWitt Park such as Ithaca Festival, Apple Harvest Festival/First People’s Festival); 6. The City reserves the right to deny Special Events applications. Applicants may appeal decisions of the Special Events Team to the Mayor; 7. Events with unpaid financial obligations to the City will not be considered for future events; 8. This policy will be reviewed annually by Common Council. 2012.10.18 Proposed Policy Changes for 2013.docx 2 2013 Process and Program Guidelines: Semi-annual strategic planning meetings Hold semi-annual strategic planning meetings, in February and in October during annual policy review, to better coordinate and proactively foster event planning as well as make adjustments to the program in order to achieve goals. These meetings will be in addition to the monthly Special Events Team meetings where permits are reviewed and approved. Participants: • Members of the City's Special Events Team • Members of Common Council • Downtown Ithaca Alliance • Tompkins County Tourism Planner • Tompkins County Visitor’s Bureau • Event organizers, by invitation In addition, Special Event Applications will be expanded so that event organizers can address the following: • Community Benefits • Impacts on City • Volunteer Management Plan (how many, when, recruitment methods) • Resource Mitigation Plan (what specifically will event organizers do to minimize use of city resources) • Set up plan and schedule • Break down and clean up plan and schedule Approved use of event volunteers if supported by a volunteer management plan: We will seek expanded use of volunteers that will reduce costs to both Event Organizers and the City. The following areas are where volunteers are encouraged and expected. Event Organizers should outline their use in their Volunteer Management Plan. • Set up and break down of barricades or traffic cones, if picked up by event organizers from City • Set up and break down of no parking signs, except on state highways • Movement of bleachers before and after event. Damage to bleachers, including during time left overnight on site, shall be at the liability of the Organizer. • Monitoring of barricades for traffic control during events • Safety monitors of active road crossings, only at signaled crossings, or as otherwise approved by IPD Approved use of private security: Any private security company used in an event must provide proof that all guards are certified and the company is licensed, bonded and insured. 2012.10.18 Proposed Policy Changes for 2013.docx 3 Target Event Zones Event Organizers should seek to use the following areas, which can accommodate large groups of people, when at all possible: • Commons -- including North Cayuga, West State street block at west end of Commons, and DeWitt Park (for quiet uses only) • Stewart Park • Cass Park • Cayuga Waterfront Trail 2013 Organizer Costs and Fees • All required permit fees as defined by City code and Special Events Team • Fees will be applied for use of DPW work crews to set-up, break-down, relocate city equipment, and repair City facilities as follows: o 2012 DPW costs for labor and equipment is $70 per hour, overtime is 1.5  Non-routine duties include (but are not limited to) moving of bleachers, collection and disposal of trash, delivery and removal of event equipment.  Cost to post and remove a street block “No Parking” is $44/hr  Cost to deliver/pick up barricades is $35/hr  Organizer shall be responsible for trash collection. Bagged trash can be picked up by the DPW with the purchase of special event trash bags at a cost of $4.00/bag. • Fees may be applied for IPD costs as determined by the Special Events Team o 2012 IPD costs for labor and equipment is $72.50 per hour, overtime is 1.5 • Park and facility rental fees as per existing City policies and as specified below: o Rental fee for use of the East Lawn, Flag Lawn and West Lawn of Stewart Park shall be $20/hour for each area  Rental fee shall be charged for use of park facility and pavilion during set up, event and break down time  Rental fee shall be charged during operating hours of the park o All event-related materials, tents and porta potties must be removed from site by 9am the next day to avoid application of rental fees for that day • Rental costs for signage, and replacement costs for lost or damaged barricades, bleachers or cones shall be applied • Failure to provide agreed upon volunteers at days/times promised in application will result in: o Responsibility for costs incurred by the City for substitute services o $200 fine for non performance o Possible event cancellation if public safety is jeopardized • Failure to break down or clean up per committed timeline promised in application will result in: o Responsibility for costs incurred by the City for substitute services o $200 fine for non performance