HomeMy WebLinkAbout11-28-12 City Administration Committee Meeting Agenda City Administration Meeting
Wednesday, November 28, 2012
6:00 p.m.
City Hall - Council Chambers
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. Fire Department
10.1 Request to Increase Fees - Resolution 10 Min
11. Budget Process Afterthoughts 30 Min
12. IURA
12.1 Recommendation that Condemned Property be Ineligible for an Installment 15 Min
Plan for Payment of Delinquent Property Taxes – Discussion
12.2 Housing Fund, Funding Round #6 – Authorize Disbursement of $230,000 10 Min
Pursuant to an Executed MOU – Resolution
12.3 Housing Fund, Funding Round #6, Authorize Disbursement of $230,000 5 Min
Pursuant to an Executed MOU - Lead Agency - Resolution
12.4 Housing Fund, Funding Round #6, Authorize Disbursement of $230,000 5 Min
Pursuant to an Executed MOU – Environmental Determination - Resolution
13. Attorney’s Office
13.1 Authorization to Enter into a Lease Agreement with Tompkins County for 10 Min
use of City Land Located on Linn Street for a TCAT Bus Shelter – Resolution
14. Police Department
14.1 Request to Approve Contract with Ithaca City School District for 10 Min
SRO – Resolution
If you have a disability that will require special arrangements to be made in order for you to fully
participate in the meeting, please contact the City Controller’s Office at 607-274-6576 at least 48 hours
before the meeting.
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CITY ADMINISTRATION MEETING
November 28, 2012
Agenda
Continued
15. Department of Public Works
15.1 IAWWTF – Request to Establish Funding for Septage Receiving 10 Min
Building - Resolution
16. Human Resources
16.1 Amendment of Managerial Benefits for 2013 - Resolution 10 Min
16.2 Director’s Report 5 Min
17. Finance/Controller’s Office
17.1 Bond Resolution 5 Min
17.2 Controller’s Report 5 Min
18 Reports
18.1 Novak Report 5 Min
18.2 Next Month’s Meeting: Monday, December 17, 2012
If you have a disability that will require special arrangements to be made in order for you to fully
participate in the meeting, please contact the City Controller’s Office at 607-274-6576 at least 48 hours
before the meeting.
J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12
10. Fire Department
.1 Request to Increase Fees
WHEREAS, section 181-9 F(1) of the Code of the City of Ithaca states the Fire Chief shall
promulgate a fee schedule applicable to the permits authorized under such code; and,
WHEREAS, §181-9 F states that fees established in the fee schedule shall reasonably reflect the
cost of receiving, investigating, processing, and issuing each of said permits; and,
WHEREAS, §181-9 F requires that any schedule and said changes proposed thereto shall be
submitted to the Common Council for adoption prior to the collection of such fees; and,
WHEREAS, the permit fee schedule is based on the labor costs of performing the inspections
and processing the permits; and because of subsequent salary increases and associated cost of
fringe benefits the current fees do not reflect the actual costs of the services being provided; and,
WHEREAS, the fees were last adjusted and approved by Common Council on January 7th, 2009;
and,
WHEREAS, a proposal has been prepared and submitted to increase fees generally and as
stipulated in the attached schedule, from $44.00 to $50.00 per hour, and from $66.00 to $75.00
per hour for work performed during non-business hours, which will result in such fees reflecting
current costs; and,
WHEREAS, the prepared proposal includes the additional permit fees for processing and the
administration of permits over and above the costs of the actual inspections for issuing such
permits; now, therefore be it
RESOLVED, That Common Council hereby approves the proposed increase in permit fees as
proposed; and, be it further
RESOLVED, That these changes shall be authorized upon adoption of this resolution by
Common Council, with an effective date of January 1, 2013.
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2013 Fire Prevention Permit and Inspection Fees
Permit Type 2009 through 2012
Fee Schedule
2013 Fee
Schedule
Comments
Assembly Occupancy
Permit – new or
expired
$100/building Issued annually and does not
include inspection fees
Assembly Occupancy
Permit – renewal
$50/building Issued annually and does not
include inspection fees
Elevator Permit $60/elevator unit Issued every 3 years and does
not include inspection fees
Lumberyard
Occupancy Permit
$50 Issued annually and does not
include inspection fees
Hazardous Occupancy
Permit
$50 Issued annually and does not
include inspection fees
Fireworks Use Permit $44 $50 Per event and does not
include inspection fees
Explosives Use Permit $44 $50 Per location and does not
include inspection fees
Bon Fire Permit $44 $50 Per event and includes 1
inspection
Asphalt Kettles Use
Permit
$44 $50 Per location/month and
includes 1 inspection
Temporary Propane
Permit
$44 $50 1 month/venue and includes 1
inspection
Temporary Propane
Permit
$104 $125 6 months/venue and includes
up to 2 inspections
Temporary Propane
Permit
$172 $200 6 months/venue and includes
up to 4 inspections
Welding and Cutting
Permit
$44 $50 1 month / firm or business
and includes 1 inspection
Welding and Cutting
Permit
$104 $125 6 months / firm or business
and includes up to 2
inspections
Welding and Cutting
Permit
$172 $200 12 months / firm or business
and includes up to 4
inspections
Inspection Rates during
business hours
$44/hour $50/hour
Inspection Rates during
non-business hours
$66/hour $75/hour
City of Ithaca
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§ C-44. Proceedings to collect unpaid taxes. [Amended 4-17-1974 y L.L. No. 4-1974;
7-15-1981 by L.L. No. 2-1981; 10-4-1989 by L.L. No. 7-1989; 12-6-1989 by L.L. No. 8-1989;
6-1-1994 by L.L. No. 4-1994; 7-2-1997 by L.L. No. 8-1997EN(1)]
A.Adoption of Article 11 of the Real Property Tax Law of the State of New York.
(1)Effective January 1, 1998, the City of Ithaca shall follow the procedures to collect
unpaid taxes as set forth in Article 11 of the Real Property Tax Law of the State of New
York, as amended, and subject to the savings provisions set forth in this local law. The
newly adopted procedures shall apply to tax liens created for real property taxes levied
in 1998 and Ithaca City School District taxes levied in 1997.
(2)The City of Ithaca shall assess a 15% penalty on unpaid taxes on October 1 in the year
of the initial due date of the unpaid taxes. The City of Ithaca shall charge an additional
10% penalty on October 1 of each year following the assessment of such penalty.
(3)The penalties set forth above together with the penalties charged pursuant to § C-43 of
the Ithaca City Code shall constitute the penalties and interest charges referred to in
Article 11 of the Real Property Tax Law of the State of New York.
B.Installment payment plan for delinquent taxes. [Added 12-13-1997 by L.L. No. 6-1999EN(2)]
(1)The City of Ithaca hereby authorizes the City Chamberlain to enter into installment
agreements with property owners providing for the payment of eligible delinquent taxes
in installments according to the provisions of Article 11 of the Real Property Tax Law of
the State of New York, as amended. Within forty-five (45) days of the return of unpaid
taxes, the City Chamberlain, by first-class mail, shall notify all owners of properties
with delinquent taxes that they are eligible to pay their delinquent taxes in installments
according to the provisions of Article 11 of the Real Property Tax Law of the State of
New York, as amended. The City shall add one dollar ($1.00) to the amount of the tax
lien to pay for such postage. The owner of such parcel must accept the installment offer
after thirty (30) days of the mailing of such notice by signing an installment payment
agreement with the City Chamberlain. The City Chamberlain shall not include parcels
accepting the offer and making timely payments pursuant to the installment plan on the
filing of the list of properties for foreclosure proceedings with the court.
(2)The term of the installment agreement shall be twenty-four (24) months, the payment
schedule shall be monthly and the required initial down payment shall be 25% of the
eligible delinquent taxes within the City of Ithaca.
(3)Interest and penalties for delinquent taxes shall be assessed as specified in § C-44A of
the Ithaca City Charter, up to and including the execution date of the installment
payment agreement. From the execution date forward, interest shall accrue as provided
in § 924-a of the Real Property Tax Law of the State of New York in accordance with
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Article 11, provided that the taxpayer complies with the terms of the installment
agreement. The current interest rate specified by § 924-a is one percent (1%) per month.
All further penalty provisions specified in § C-44A of the Ithaca City Charter shall be
suspended so long as the taxpayer is not in default of the installment payment
agreement. A late charge of 5% shall be assessed on any installments not paid within
fifteen (15) days of the due date. If an installment is not paid within thirty (30) days of
the due date, the property owner shall be in default of the installment agreement, and
further penalties shall accrue on the balance due as of the date of the last payment as
specified in § C-44A of the Ithaca City Charter.
(4)If a property owner is in default of installment agreement for delinquent taxes, the City
Chamberlain shall have the right to require full payment of the remainder of the
delinquent taxes, including all penalties and interest. If the property owner does not
become current on the payments due on the installment agreement or pay the full
amount of the delinquent taxes, including interest and penalties, the City Chamberlain
shall have the right to file the property with the next list of properties for foreclosure
proceedings.
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Endnotes
1 (Popup)
Editor's Note:
"A. For purposes of the enforcement of taxes which shall have become liens prior to the
effective date of this local law, with the exception of the 1997 Ithaca City School District taxes,
and which are held by the City of Ithaca, the provisions of § C-44 in effect on the last day
preceding the effective date of this local law shall continue in effect for a period of four years
from the effective date of this local law, as fully and to the same extent as if such laws had not
been repealed or superseded by this local law. During such four-year period, if a parcel is subject
both to a lien or liens arising prior to the effective date of this local law and to a lien or liens
arising on or after such effective date, the procedures applicable to the enforcement of delinquent
taxes shall depend upon the lien or liens upon which the enforcement proceeding is based,
provided that if an installment agreement is executed pursuant to § 1184 of the Real Property
Tax Law, the agreement shall apply to all outstanding liens held by the City of Ithaca, no matter
when arising.
"B. After four years from the effective date of this local law, if the enforcement of such prior
lien or liens shall not have been concluded, as evidenced by the issuance of a tax deed, the
amount due shall be relevied and enforced in accordance with the procedures of Article 11 of the
Real Property Tax Law, as amended."
2 (Popup)
Editor's Note: This local law was approved by the Mayor 7-29-1999.
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ARTICLE III, Unsafe Buildings
§ 146-8. Identification and notification. [Amended 6-13-2001 by Ord. No. 2001-5]
A.The Building Commissioner may order any building which, in his/her opinion, is unsafe or is
not provided with sufficient means of egress or exits in case of fire to be vacated forthwith.
B.All buildings or structures which are structurally unsafe, unsanitary or which constitute a fire
hazard or are otherwise dangerous to human life or which, in relation to existing uses,
constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation,
obsolescence or abandonment are severally, for the purpose of this article, unsafe buildings.
All such unsafe buildings are hereby declared to be illegal and shall be abated by repair or
demolition in accordance with the procedure of this article.
C.Whenever the Building Commissioner shall find any building, structure or portion thereof to
be unsafe, as defined in this article, the Building Commissioner shall cause service of notice
upon the owner and all other persons having any interest in such property upon which the
unsafe building is located, either personally or by registered mail, addressed to his/her last
known address as shown by the records of the Assessor's office of the city and/or in the
office of the County Clerk, containing a description of the premises, a statement of the
particulars in which the building or structure is unsafe or dangerous and an order of the
Building Commissioner requiring the same to be repaired or removed; and if such service is
made by registered mail, the Building Commissioner shall cause the posting of a copy of
such notice on the premises.
(1)If the Building Commissioner finds that there is actual and immediate danger of failure
or collapse so as to endanger life, such notice shall also require the building, structure or
portion thereof to be vacated forthwith and not reoccupied until the specific repairs and
improvements are completed, inspected and approved by the Building Commissioner or
his/her designee.
(a)The Building Commissioner shall cause to be posted at each entrance to such
building a notice: "THIS BUILDING IS UNSAFE AND ITS USE AND
OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING
COMMISSIONER OF THE CITY OF ITHACA, NEW YORK. IT SHALL BE
UNLAWFUL FOR ANY PERSON TO REMOVE, DEFACE OR DESTROY THIS
NOTICE WITHOUT PERMISSION FROM THE BUILDING COMMISSIONER".
(b)Such notice shall remain posted until the required repairs are made or demolition is
completed. It shall be unlawful for any person, firm or corporation or their agents or
servants to remove such notice without written permission of the Building
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Commissioner or for any person to enter the building except for the purpose of
making the required repairs or of demolishing said building. The owner of the
subject building or structure shall be responsible for obtaining the requisite permit
pursuant to § 146-7 before commencing the repairs or demolition.
(2)In cases of emergency which, in the opinion of the Building Commissioner, involve
imminent danger to human life or health, he/she shall promptly cause such building,
structure or portion thereof to be made safe or removed. For this purpose, the Building
Commissioner or his/her designee may at once enter such structure or land on which it
stands, or abutting land or structure, with such assistance and at such cost as may be
necessary. The Building Commissioner may order that adjacent structures be vacated
and may protect the public by appropriate barricades or such other means as may be
necessary and for this purpose may close a public or private way.
D.The notice shall contain the time within which the owner so served shall commence the
repair or removal of such unsafe building.
E.The notice may also be filed in the office of the County Clerk, which notice shall be filed by
the Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil
Practice Law and Rules and shall have the same effect as a notice of pendency as therein
provided, except as otherwise hereinafter provided in this subsection. A notice so filed shall
be effective for a period of one year from the date of filing; provided, however, that it may be
vacated upon the order of a judge or justice of a court of record or upon the consent of the
City Attorney. The County Clerk shall mark such notice and any record or docket thereof as
canceled of record upon the presentation and filing of such consent or of a certified copy of
such order.
F.The notice shall further contain a statement that a hearing can be requested in writing to the
Building Commissioner within five days of receipt of the notice.
G.If a hearing is requested, the same shall be held before the Building Code Board of Appeals
not less than two weeks nor more than four weeks after the request for a hearing is received.
The person requesting the hearing shall be notified in writing at least seven days prior to the
hearing of the time and place of the hearing.
H.In the event that a hearing is held or if the owner does not appear and it is determined by the
Building Code Board of Appeals that there is an unsafe building located upon the premises
and the owner fails to commence the repair or removal of the unsafe building within the time
specified in the notice of determination, the Building Commissioner shall notify the
Superintendent of Public Works that the owner has failed or refuses to repair or remove the
unsafe building within the time provided.
§ 146-9. Removal or repair by city; costs.
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Upon notification that the owner has failed or refuses to repair the unsafe building, the
Superintendent of Public Works shall cause the repair or removal of the unsafe building. After
the work has been completed, the Superintendent of Public Works shall file in the office of the
City Chamberlain a verified statement of all the direct costs of the same, together with a charge
of 50% in addition thereto as compensation to the city for administering, supervising and
handling said work.
§ 146-10. Assessment and lien. [Amended 1-3-1990 by Ord. No. 90-1]
Upon receipt of the verified statement, the City Chamberlain shall enter the same in his/her
records as a lien against the premises and shall add the same to the next assessment roll of
general city taxes and shall collect and enforce the assessment in the same manner by the same
proceedings, at the same time and under the same penalties as the general city tax and as a part
thereof, except that, in addition to the penalties heretofore stated, interest shall accrue from the
date of filing to the date of actual payment at 12% per annum.
§ 146-11. Other remedies.
Notwithstanding any provision herein to the contrary, the city may, at its election, institute suit
against the owner of said premises for the direct costs, together with a charge of 50% in addition
thereto as compensation to the city for administering, supervising and handling said work, and
enter judgment thereon against the owner personally for the aforesaid amount. The imposition
and collection of any fine or penalty hereinafter prescribed shall not bar the right of the city to
collect the cost of the removal or repair of any unsafe building as herein prescribed.
§ 146-12. Completion of work within reasonable time.
The failure of the owner to complete the repairs or to remove the unsafe building within a
reasonable time after due notice shall subject the owner to the same procedure and penalties as
herein set forth.
§ 146-13. Transfer of title.
The transfer of title by the owner of premises upon which an unsafe building is located shall be
no defense to any proceedings under this chapter.
§ 146-14. Building Code Board of Appeals.
A.There shall be a Building Code Board of Appeals consisting of three members to be
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appointed by the Mayor with the approval of the Common Council for terms of three years
each. This Board shall be composed of one general contractor, one registered architect and
one licensed professional engineer. No member of the Board of Appeals shall sit in any case
in which he/she has a personal interest; and in any such case, the Mayor shall appoint a
substitute for such interested member.
B.Any person ordered to repair, remove or vacate a building and who is in disagreement with
the judgment of the Building Commissioner may appeal to the Building Code Board of
Appeals, provided that a written statement setting forth the reasons for such appeal is filed
with the Secretary of the Board within 30 days of the service of the order upon such person.
The Building Commissioner shall notify such person of this right to appeal and of this
thirty-day time limitation. Upon receipt of such appeal, the Board shall hold a hearing within
30 days and, after review of all evidence, shall affirm, modify or annul the action of the
Building Commissioner. [Amended 7-8-1987 by Ord. No. 87-18]
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.2 Housing Fund, Funding Round #6 – Authorize Disbursement of $230,000 Pursuant to an
Executed MOU
12. IURA
WHEREAS, the Housing Fund Program Oversight Committee (POC) met on November 15,
2012, to review recommendations from the Application Review Committee of round #6 funding
applications for new affordable housing projects; and
WHEREAS, the City of Ithaca is represented on the POC by Alderperson J.R. Clairborne,
Alderperson Chris Proulx, and Doug Dylla, past member of the Ithaca Urban Renewal Agency
(IURA); and
WHEREAS, the Housing Fund was established in 2009 by Memorandum of Agreement (MOU)
as a six-year program between and among the City of Ithaca, Tompkins County and Cornell
University to capitalize and award funds to increase the supply of permanently affordable
housing in the County, and
WHEREAS, the Common Council found that City contributions to the Housing Fund should be
used to assist projects located within the City of Ithaca, and
WHEREAS, City funds committed to the Housing Fund are derived from Gateway Loan
proceeds that originated from sale of City-owned land for the Eddygate project, and are held by
the IURA, and
WHEREAS, a total of up to $880,000 is available to award in round #6 as follows:
Funding Sources ($1,000s)
Cornell Tompkins City of
Funding Awards University County Ithaca Total
Total 4-Year Funding
Commitment 800 400 400 1,600
Round #1 (2009) 145 100 30 275
Round #2 (2010) 75 70 70 215
Round #3 (2011) 100 100 0 200
Round #4 (2011) 0 0 30 30
Round #5 (2012) 0 0 0 0
Totals Awards 320 270 130 720
Remaining Funds for Round #6 480 130 270 880
and,
WHEREAS, the POC recommends round #6 funding of a total of $780,000 for six affordable
housing projects, of which the City of Ithaca (City) is recommended to fund $230,000 as
follows; now therefore, be it
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Round #6, Housing Fund - Recommended Funding Awards
Applicant Project
#
Afford.
Units
Location
Funding ($1,000s)
Cornell County City Total
INHS 10 Hawthorne
Circle
1 owner-
occupied
City of
Ithaca
0 0 30 30
INHS/
Pathstone
Stone Quarry
Apt. 35 rental City of
Ithaca
100 0 100 200
Habitat Village
Builds
4 owner-
occupied
(V)Groton
&
T-burg
120 0 0 120
Lakeview
Mental
Health
Seneca/State
Meadow St.
Housing
56 rental
City of
Ithaca
100 0 100 200
BHTC/NRP
Lansing
Senior
Cottages
68 rental
(T)
Lansing
70 130 0 200
New Earth
Living
Aurora
Pocket
Neighborhood
1 owner-
occupied
City of
Ithaca
30 0 0 30
Totals 165 420 130 230 780
RESOLVED, That the Common Council for the City of Ithaca hereby authorizes a total
expenditure of up to $230,000, pursuant to the Housing Fund MOU, to assist the following
projects as recommended by the Housing Fund’s Program Oversight Committee:
$100,000 Stone Quarry Apartments, INHS/Pathstone
$100,000 Seneca/State/Meadow Street Housing, Lakeview Mental Health
$30,000
$230,000
10 Hawthorne Circle, INHS, and be it further,
RESOLVED, That such funds shall be derived from Gateway Loan Proceeds held by the Ithaca
Urban Renewal Agency, and be it further,
RESOLVED, That the Mayor is authorized, subject to advice of the City Attorney, to execute a
fiscal agency agreement with Tompkins County to implement this resolution.
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.3 Housing Fund, Funding Round #6, Authorize Disbursement of $230,000 Pursuant to an
Executed MOU - Lead Agency
12. IURA
WHEREAS, the City of Ithaca Common Council is considering approving funding assistance,
pursuant to the Cornell/City/County Housing Fund MOU, to the following affordable housing
projects as recommended by the Program Oversight Committee:
$100,000 Stone Quarry Apartments, 35 new rental units, INHS/Pathstone
$100,000 Seneca/State/Meadow Street Housing, 56 new rental units, Lakeview
Mental Health Services
$30,000
$230,000 and,
10 Hawthorne Circle, 1 rehabilitated owner-occupied unit, INHS
WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established
for conducting environmental review of proposed actions 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 construction of 15 or more dwelling units is a Type I action under the City
Environmental Quality Review Ordinance (CEQRO), and
WHEREAS, the proposed 35-unit Stone Quarry Apartments project has already completed
environmental review through the City’s site plan review process resulting in issuance of a
negative declaration by the City of Ithaca Planning & Development Board (Planning Board) on
October 23, 2012, and
WHEREAS, the proposed 10 Hawthorne Circle project consists of rehabilitation of an existing,
vacant, single-family home and qualifies as a Type II action listed at 176-5C(2) that requires no
environmental review, and
WHEREAS, the proposed 56-unit Seneca/State/Meadow Street Housing project will undergo a
future environmental review by the Planning Board through the site plan review process prior to
issuance of any building permit, and
WHEREAS, the Stone Quarry and Seneca/State/Meadow Street projects seek low-income
housing tax credit allocations through the New York State unified funding process that has
revised its submission deadline to January 8, 2012, and
WHEREAS, a written local funding commitment makes a project significantly more
competitive for funding assistance through the New York State unified funding process, and
WHEREAS, without receipt of funding assistance through the New York State unified funding
process the Seneca/State/Meadow Street housing project will not proceed, and
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WHEREAS, the above circumstances warrant segmenting the environmental review of the
proposed action to commit funding for the Seneca/State/Meadow Street housing project from the
site plan review of the Seneca/State/Meadow Street housing project, which segmentation is no
less protective of the environment; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency
for the segmented environmental review of the proposed action to approve funding assistance,
pursuant to the Cornell/City/County Housing Fund MOU, to the following affordable housing
projects as recommended by the Program Oversight Committee:
$100,000 Stone Quarry Apartments, 35 new rental units, INHS/Pathstone
$100,000 Seneca/State/Meadow Street Housing, 56 new rental units Lakeview
Mental Health Services
$30,000
$230,000.
10 Hawthorne Circle, 1 rehabilitated owner-occupied unit, INHS
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.4 Housing Fund, Funding Round #6, Authorize Disbursement of $230,000 Pursuant to an
Executed MOU – Environmental Determination
12. IURA
WHEREAS, the City of Ithaca Common Council is considering approving funding assistance,
pursuant to the Cornell/City/County Housing Fund MOU, to the following affordable housing
projects as recommended by the Program Oversight Committee:
$100,000 Stone Quarry Apartments, 35 new rental units, INHS/Pathstone
$100,000 Seneca/State/Meadow Street Housing, 56 new rental units, Lakeview
Mental Health Services
$30,000
$230,000 and,
10 Hawthorne Circle, 1 rehabilitated owner-occupied unit, INHS
WHEREAS, on December 5, 2012, the City of Ithaca Common Council declared itself Lead
Agency for the environmental review of this proposed action, and
WHEREAS, the construction of 15 or more dwelling units is a Type I action under the City
Environmental Quality Review Ordinance (CEQRO), and
WHEREAS, the proposed 35-unit Stone Quarry Apartments project has already completed
environmental review through the City’s site plan review process resulting in issuance of a
negative declaration by the City of Ithaca Planning & Development Board (Planning Board) on
October 23, 2012, and
WHEREAS, the proposed 10 Hawthorne Circle project consists of rehabilitation of an existing,
vacant, single-family home and qualifies as a Type II action listed at 176-5C(2) that requires no
environmental review, and
WHEREAS, the proposed 56-unit Seneca/State/Meadow Street Housing project will undergo a
future environmental review by the Planning Board through the site plan review process prior to
issuance of any building permit for the project, and
WHEREAS, the Seneca/State/Meadow Street Housing project seeks low-income housing tax
credit allocations through the New York State unified funding process that has revised its
submission deadline to January 8, 2012, and
WHEREAS, a written local funding commitment makes a project significantly more competitive
to receive funding assistance through the New York State unified funding process, and
WHEREAS, without receipt of funding assistance through the New York State unified funding
process the Seneca/State/Meadow Street housing project will not proceed, and
WHEREAS, the above circumstances warrant segmenting the environmental review of the
proposed action to commit funding for the Seneca/State/Meadow Street housing project from the
site plan review of the Seneca/State/Meadow Street housing project, which segmentation is no
less protective of the environment; now, therefore, be it
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WHEREAS, the Full Environmental Assessment Form (“FEAF”) and supporting information
has been provided to the City of Ithaca Conservation Advisory Council for review of the
proposed action and no comments have been received to date, and
WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental
review, has reviewed and accepted as adequate a Full Environmental Assessment Form, Part 1
and Part 2; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby determines that
approving funding assistance, pursuant to the Cornell/City/County Housing Fund MOU, to the
following affordable housing projects as recommended by the Program Oversight Committee:
$100,000 Stone Quarry Apartments, 35 new rental units, INHS/Pathstone
$100,000 Seneca/State/Meadow Street Housing, 56 new rental units, Lakeview
Mental Health Services
$30,000
$230,000
10 Hawthorne Circle, 1 rehabilitated owner-occupied unit, INHS
will result in no significant impact on the environment and that a Negative Declaration for
purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the
provisions of Part 617 of the State Environmental Quality Review Act.
J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12
.1 Authorization to Enter into a Lease Agreement with Tompkins County for use of City
Land Located on Linn Street for a TCAT Bus Shelter
13. Attorney’s Office
WHEREAS, Tompkins Consolidated Area Transit, Inc. (TCAT), a not-for-profit corporation, has
installed and maintained, at its cost, a bus shelter located approximately ten feet south of the
Cascadilla Creek bridge, between the sidewalk and curb, on the east side of the 100 block of
Linn Street, in the City of Ithaca, and
WHEREAS, the site of the TCAT bus shelter is within the City’s right of way for Linn Street,
and
WHEREAS, the installation and maintenance of the bus shelter provides a clear and desirable
benefit to City residents, and
WHEREAS, the TCAT bus shelter is currently in use and the City wishes to finalize such
agreement with the County regarding the use of said City land for the shelter, and
WHEREAS, Section 170-11 of the City of Ithaca Municipal Code, which is entitled “Form and
Terms of Leases and Easements”, states that leases of City land shall be subject to approval by
Common Council, and
WHEREAS, the City’s streets and corresponding rights of way are within the Board of Public
Works’ scope and authority, and
WHEREAS, the Superintendent of Public Works does not anticipate any conflicts in the near
future with public works uses or needs, due to the existing use of City owned property at this
location, and
WHEREAS, the Board of Public Work has recommended Common Council’s approval of such a
lease agreement; and now, therefore, be it
RESOLVED, That the Common Council hereby authorize and direct the Mayor, upon the
advice and counsel of the City Attorney, to enter into a lease agreement with Tompkins County,
without consideration, for the County’s use of the aforementioned City land to accommodate
said shelter, which lease shall include standard terms and provisions, as applicable, and which
shall (1) indemnify and hold the City harmless with regard to use of the shelter, (2) allow the
County to sublease the premises to TCAT or any comparable transit entity for the purpose of
maintaining a bus shelter thereon, and (3) have an original term of ten years, with provision for
automatic renewal upon the same terms for up to eight five-year periods thereafter, unless either
party notifies the other, in advance, of its intention not to renew.
"An Equal Opportunity Employer with a commitment to workforce diversification."
M E M O R A N D U M
To: City Administration Committee
From: Krin Flaherty
Date: October 31, 2012
Subject: TCAT Linn Street Bus Shelter Agreement
________________________________________________________________________
The attached documents will enable the City to execute a formal lease agreement with TCAT for
the Linn Street bus shelter, which is located within the City right of way. The terms of the
agreement include: a ten year initial term, with seven five-year automatic renewals; the City
waives rent in exchange for the County’s maintenance of the bus shelter; the County indemnifies
and holds the City harmless with regard to use of the shelter; and the City allows the County to
sublease the premises to TCAT or any comparable transit entity for the purpose of maintaining a
bus shelter.
Please note that this is a lease agreement, which allows the City to enter into a longer term for the
use of its land, and is not a license agreement. Licenses are renewable every year and approved
by the Board of Public Works (BPW). In contrast, City Code Section 170-11 specifies that lease
agreements are subject to approval by Common Council. On October 22, 2012, BPW
recommended that Common Council approve the agreement by the attached resolution.
Therefore, attached please find the following documents for Council’s consideration:
- October 22, 2012 BPW resolution recommending approval of the lease agreement;
- a proposed resolution for Council to approve the lease agreement; and
- a proposed lease agreement between the City and Tompkins County for the use of the
City’s right of way on Linn Street for a TCAT bus shelter.
Please do not hesitate to contact me if you have questions or require additional information.
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
OFFICE OF THE CITY ATTORNEY
Aaron O. Lavine, City Attorney Telephone: 607/274-6504
Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507
Patricia M. O’Rourke, Assistant City Attorney
Krin Flaherty, Assistant City Attorney
Jody Andrew, Executive Assistant
1
THIS LEASE, made this _____ day of ________, 2012, by and between the City of
Ithaca, a municipal corporation, duly organized and existing under and by virtue of the laws of
the State of New York, with offices at 108 East Green Street, Ithaca, New York 14850,
hereinafter referred to as "Lessor;" and the County of Tompkins, also a municipal corporation,
duly organized and existing under and by virtue of the laws of the State of New York, with
offices at 320 North Tioga Street, Ithaca, New York 14850, hereinafter referred to as "Lessee,"
LEASE AGREEMENT
WITNESSETH THAT:
1. PREMISES TO BE LEASED; INITIAL TERM
Lessor hereby lets and leases unto Lessee, to have and to hold according to the terms of
this Agreement, the premises more particularly described below, together with the rights,
privileges, easements and appurtenances thereunto belonging or attaching, for the period
commencing upon the date of execution of this Agreement by both parties and continuing until
and through December 31, 2022, subject to the conditions set forth herein.
The leased premises shall consist of all that land located about ten feet south of the
Cascadilla Creek bridge, between the sidewalk and curb, on the east side of the 100 block of
Linn Street, in the City of Ithaca, New York, which is occupied by a rectangular bus shelter (9
feet, 10 ½ inches wide by 5 feet ½ inch deep, more or less).
2. RENEWALS
Except as otherwise provided herein, the term of this Lease shall be automatically
renewed, for an additional five-year period commencing on January 1, 2023, and thereafter for
up to seven (7) additional five-year periods, extending through 2062, unless either party shall, by
written notice provided to the other party at least 90 days prior to the expiration of the then-
current term, indicate its intention not to renew this Lease, for any reason.
2
3. RENT
Lessor agrees to waive any rental payment by Lessee, for the duration of this Lease,
including any renewal terms, in exchange for the provision of a bus shelter for said premises and
continued maintenance and repair of said shelter for the duration of the lease term, all at no cost
to Lessor.
4. ASSIGNMENT OR SUBLEASE
Upon written notice to Lessor, Lessee may assign this Lease or sublet the demised
premises, but only to an authority, corporation or other entity which operates bus/public transit
services, in which case all terms and conditions of this Agreement shall remain effective, and
shall apply to the Assignee, in the event of an assignment, or to Lessee and the Sublessee, in the
event of a sublease.
5. INDEMNIFICATION OF LESSOR
Lessee hereby indemnifies and holds Lessor harmless, at all times during the period
covered by this Lease, with regard to any claim, action, costs, penalties, loss, judgment or decree,
or damage or injury to person, life or property, arising out of the use by the public of the bus
shelter maintained upon the demised premises, or from the failure or omission of Lessee or its
agent, assignee or sublessee to comply with any of the provisions of this Agreement. Such
indemnification shall extend to the reasonable costs and attorneys’ fees incurred by Lessor in its
defense against any such claim or action. Notwithstanding the foregoing, to the extent Lessor is
negligent or undertakes intentional wrongful acts, Lessee's indemnification shall not extend to
the proportion of the loss attributable to Lessor's negligence or intentional wrongful acts.
6. CONDITIONS
The parties hereby agree as follows:
3
(a) Use of Premises.
(b)
Lessor affirms the public benefit provided to residents of the City
of Ithaca by the siting and maintenance of a public bus shelter upon the demised premises.
Lessee covenants and agrees that it will, during the period of this lease, reasonably use the
demised premises for the benefit of the public. Specifically, the demised premises shall be used
exclusively for the siting and maintaining, in good repair, of a roofed shelter intended for patrons
of a bus/public transit system (hereinafter "bus shelter"). The failure of Lessee to maintain such
a bus shelter, for use of the general public, upon the demised premises, for a continuous period in
excess of twelve (12) months (unless such failure is caused by the activities of Lessor or another
agency of government), may, in the sole discretion of Lessor, render this Lease null and void.
Obligation to Maintain Shelter in Good Repair and in Compliance with All
Applicable Laws, Rules and Regulations.
(c)
Lessee, at no cost to Lessor, shall maintain the bus
shelter at the demised premises in good repair, such that it is clean, safe for its intended use by
the public and presents an attractive appearance, and in conformity with the requirements of all
municipal, county, state and federal laws, rules and regulations. Upon written notice by Lessor
of a reasonable need for repair or maintenance of said shelter or to bring it into compliance with
such laws, rules or regulations, Lessee shall carry out such repair or maintenance or necessary
modifications (or cause the same to be carried out) as soon as possible if such need is deemed by
Lessor to be of an emergency nature, due to a hazardous or unlawful condition, and in non-
emergency situations, within thirty (30) days of such notice or such longer period as may be
necessitated by public procurement requirements or availability of supplies.
Improvements. Any substantial physical changes or additions to the bus shelter,
following its initial installation or which depart from the design originally presented to Lessor,
shall require the consent of Lessor, which consent shall not be unreasonably withheld.
4
(d) Insurance.
(e)
Lessee, at its sole cost, shall maintain or cause to be maintained, for and
upon the demised premises at all times during the term of this Lease, liability insurance coverage
naming Lessor as an additional insured. For the initial term of this lease, the minimum amount
of such coverage shall be $1,000,000.00. Lessor reserves the right to adjust said minimum
coverage amount for any renewal term, by an amount reasonably calculated to provide the same
degree of protection to Lessor, in light of adjustments in present value, cost of living, or other
such factors. The amount of any required, additional coverage shall be communicated in writing
to Lessee at least six (6) months prior to commencement of the renewal term in question. Lessee
shall provide written proof of the required insurance coverage to Lessee, at least annually by the
end of the calendar year. Lessee shall provide immediate, written notice to Lessor of any
cancellation or suspension of Lessee’s insurance coverage, or of any reduction in coverage below
the level required by this Agreement.
Lessor’s Reserved Rights.
(f)
Lessor retains the right to suspend or interfere with use
of the bus shelter or to require its temporary relocation, in order to maintain, repair, modify or
replace the public sidewalk, streets or utility lines or service in the vicinity of said shelter.
Lessor shall provide Lessee with as much advance notice as possible of the need to suspend the
shelter's use or require its temporary relocation, and in the case of a non-emergency situation,
Lessor further shall provide at least forty-five (45) days' advance notice. In the event that such
work damages said shelter and/or necessitates costs associated with its relocation, Lessor shall be
solely responsible for such costs or, at Lessor’s option in the case of shelter damage, for
restoration of said shelter to its condition prior to such damage.
Subject to Any Rights of State, Etc. The rights accorded Lessee by this Agreement
are subject to any rights of the State of New York in or to or regarding the demised premises and
to any utility easements of record.
5
7. NOTICES
Any notice which may be required under the terms of this Agreement shall be given in
writing, personally or by first class mail, postage prepaid, to the listed persons at the following
addresses, or at such other addresses as each party may hereafter designate in writing to the other
party:
For LESSOR: Mayor
108 East Green Street
Ithaca, New York 14850
and
Attorney for the City
108 East Green Street
Ithaca, New York 14850
For LESSEE:
Attorney for the County
320 N. Tioga Street
Ithaca, New York 14850
and
General Manager
Tompkins Consolidated Area Transit, Inc.
737 Willow Avenue
Ithaca, New York 14850
8. WAIVERS OF LIEN
Lessee further covenants and agrees that Lessee shall not make any contract or
agreement, either verbal or written, for labor, services, materials or supplies, in connection with
any improvements at any time situated upon the demised premises, without securing in such
contract or agreement a waiver or waivers of lien against Lessor's interest in the demised
premises; and it is expressly understood and agreed, and notice is hereby given, that no persons,
firms, or corporations furnishing labor, materials or services for the construction, reconstruction,
alteration or addition to any structure at any time during the term hereof situated upon the
demised premises shall have any lien upon Lessor's interest in the demised premises and that any
6
and all liens upon Lessee's interest in the demised land and any structures or improvements
situated thereon shall be subject to the prior rights of Lessor under the terms and provisions of
this Agreement, and no authority is given by this Lease to Lessee, expressly or impliedly, to bind
Lessor for the payment of any money in connection with the construction, repairing, alterations,
additions or reconstruction work on the demised premises, nor is there any authority given
Lessee by this Lease, directly or indirectly, to permit any mechanics’, material-men's, or
contractors' liens to arise against Lessor's interest in the demised land or the structures or
improvements thereon, and Lessee expressly agrees that it will keep and save the demised
premises and Lessor harmless from all costs and damages arising from any such liens or lien of
any character created through any act of or anything done by Lessee or its agents, Assignee or
Sublessee.
9. SURRENDER
Upon the termination of this lease by forfeit or breach of any substantive term or
condition herein by Lessee, or upon its expiration or earlier termination, Lessee covenants and
agrees that Lessee shall at once remove said buildings and improvements and restore the
premises to their original condition prior to the execution of this Agreement (i.e., a level, grassy
lawn).
10. CONDEMNATION.
If any person or corporation, municipal, public, private or otherwise, shall, at any time
during the term of this lease, lawfully condemn and acquire title to the demised premises or any
portion thereof or to any building or the appurtenances now or hereafter erected thereon, or to
any easement therein, in or by condemnation proceedings pursuant to any law, general, special or
otherwise, Lessor shall be entitled to and shall receive the entire award or payment therefor; and
Lessee shall assign and does hereby assign and transfer to Lessor such award or payment as may
7
be made therefor. Lessor, in any event, shall be entitled to receive any and all awards or
payments made for any buildings and the appurtenances which shall be so taken or for any
damages thereto, free, clear and discharged of every claim of every kind whatsoever by or on the
part of Lessee, except as hereinafter specifically provided, and such award or payment is hereby
transferred and assigned to Lessor by Lessee.
Notwithstanding anything hereinbefore contained to the contrary, if Lessee shall have
commenced or completed the erection of a structure or structures or other improvements upon
the demised premises, and such condemnation takes place after the commencement or
completion of said new structure(s) or improvements, then Lessor agrees to pay Lessee out of the
condemnation award or payment when paid, a sum equal to the amount awarded or paid in
condemnation as the value of such structure(s) or improvements. If, in the condemnation
proceeding, the value of the land and of the structure(s) and other improvements are not
separately determined, then the value of any structure or other improvements shall be determined
by mutual agreement of the parties or by arbitration.
Lessor agrees to give Lessee notice of any condemnation proceedings immediately upon
knowledge of such proceedings.
11. UTILITIES
Lessee shall be responsible to construct and interconnect and maintain any necessary
utility lines, connections and/or service for the bus shelter maintained upon the demised
premises, at Lessee’s sole cost. Lessor shall cooperate in the connection of any such utility lines
that cross or affect Lessor’s property.
12. NON-DISCRIMINATION
It is mutually understood and agreed that Lessee or any Assignee or Sublessee of Lessee,
in the employment of its agents, contractors and/or employees, shall not discriminate against any
8
person by reason of his or her race, color, creed, sex, age disability, marital status, affectional
preference or national origin; and any construction contract entered into by Lessee or its
Assignee or Sublessee shall contain such a non-discrimination clause.
13. TERMINATION.
If Lessee determines that provision of the bus shelter at the demised premises no longer
best serves the needs of the City residents and the operators of the bus/public transit system, then
Lessee shall have the option to terminate this Lease upon ninety (90) days' advance notice to the
Lessor.
14. SEVERABILITY.
In the event that any term, condition, clause or provision of this agreement shall be
deemed null and void, the remaining terms, conditions, clauses and provisions of this Lease
Agreement shall remain in full force and effect, unless the rights of either party are materially
affected by the deletion of such term, condition, clause or provision, in which case either party
may elect within 90 days after the date of the notification to declare said lease null and void in its
entirety.
9
This AGREEMENT shall be binding upon the parties and their successors in title.
IN WITNESS WHEREOF, the parties hereto have placed their hands and seals on the
dates so indicated.
CITY OF ITHACA
By: ____________________________ ________________________
Svante L. Myrick, Mayor Date
COUNTY OF TOMPKINS
By: _____________________________ ________________________
Date
STATE OF NEW YORK )
)SS:
COUNTY OF TOMPKINS )
On this ______ day of _________, 2012, before me personally came SVANTE L.
MYRICK, to me personally known, who being by me duly sworn, did depose and say that he
resides in the City of Ithaca, New York, that he is the Mayor of the City of Ithaca, the municipal
corporation first described in and which executed the above instrument; and that he signed his
name thereto by direction of the members of the Common Council of the City of Ithaca.
_____________________________
Notary Public
STATE OF NEW YORK )
)SS:
COUNTY OF TOMPKINS )
On this ______ day of ________, 2012, before me personally came
___________________, to me personally known, who being by me duly sworn, did depose and
say that he/she resides ______________________, New York, and that he/she is the
____________ of the County of Tompkins, the municipal corporation next described in and
which executed the above instrument; and that he/she signed his/her name thereto by direction of
the County Legislature of such corporation.
_____________________________
Notary Public
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.1 Request to Approve Contract with Ithaca City School District for School Resource
Officer
14. Police Department
WEHREAS, the 2013 authorized Police Department budget included funding for a School
Resource Officer for the Ithaca City School District, and
WHEREAS, the School Resource Officer would start working at the school district in early 2013
and be funded approximately 75% by the Ithaca City School District and 25% by the City, and
WHEREAS, the contract details between the Ithaca City School District and the City of Ithaca
are currently being negotiated; now, therefore, be it
RESOLVED, That the Mayor, with the advice of the City Attorney, is hereby authorized to
negotiate and execute an agreement with the Ithaca City School District for provisions of a
School Resource Officer with approximately 75% of said officer’s expenses to be paid to the
City by the School District.
J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12
.1 Septage Receiving Facility Project Funding
15. Department of Public Works
WHEREAS, the Ithaca Area Wastewater Treatment Plant’s Special Joint Committee at its
November 14, 2012 regular meeting selected the three lowest qualified bids for General
Construction, Electrical and Heating Ventilation and Air Conditioning, for the rebuilding of the
Septage Receiving Facility, and
WHEREAS, the lowest qualified bid for Contract #12-001 and its alternate 12-001A for General
Construction submitted by McPherson Builders in the amount of $1,919,000 and $1,936,000
respectively, and
WHEREAS, the lowest qualified bid for Contract #12-002 for Electrical Construction submitted
by Nelcorp Electrical in the amount of $339,250, and
WHEREAS, the lowest qualified bid for Contract #12-003 for Heating Ventilating and Air
Conditioning Construction by JW Danforth Co. in the amount of $524,000, and
WHEREAS, the cost for these contracts shall be borne by the Town of Dryden, Town of Ithaca
and the City of Ithaca based on the percentage of ownership assigned to each municipality; now,
therefore be it
RESOLVED, That the partners hereby authorizes the Ithaca Area Wastewater Treatment
Facility Septage Receiving Facility rebuild in the amount not to exceed $3,077,475, which
includes the contract values plus a 10% contingency, and be it further
RESOLVED, That the Ithaca Area Wastewater Treatment Facility is hereby authorized to
negotiate a final contract based on this resolution, and be it further
RESOLVED, That the City of Ithaca Mayor, the Town of Ithaca Supervisor and the Town of
Dryden Supervisor be authorized to sign the contracts, and be it
RESOLVED, That in accordance with the final contracts to be negotiated between the partners
and the three qualified lowest bidders, funding for said project shall be acquired thru the issuance
of Serial Bonds based on the following schedule which are to include interest rates as stipulated
by the City of Ithaca Controller, and
Municipality Percentage Project Cost
City of Ithaca 57.14 $ 1,758,469.22
Town of Ithaca 40.88 $ 1,258,071.78
Town of Dryden 1.98
$ 3,077,475.00
$ 60,934.00
be it further
J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12
RESOLVED, That Common Council hereby establishes Joint Activity Capital Project 418J
Septage Receiving Facility in the amount not to exceed $3,077,475, and be it further
RESOLVED, That funding for said project is contingent on the approval of the City of Ithaca,
Town of Ithaca, and the Town of Dryden.
"An Equal Opportunity Employer with a commitment to workforce diversification."
CITY OF ITHACA
WASTEWATER TREATMENT FACILITY
Telephone: 607 / 273 - 8381
Description of Septage Receiving Facility Renovation at the Ithaca Area WWTF
Since its original construction and commissioning in 1987, the IAWWTF has been tasked with
providing services for septage pumping companies to treat the waste they remove from the areas
rural on-site waste treatment systems. The tipping fees for this waste generate nearly $300000
per year in revenue. The facility is in need of upgrading. The resolution being provided creates
the funding for the project. The project will add a new underground storage tank, new food waste
collection tanks and renovate existing tanks to include better screening systems and mixing
systems to aid in the treatment of this waste. Besides the septage tank waste, we also receive
grease trap waste and other high strength organic food wastes. These wastestreams are an
integral part of our overall energy recovery system in that they go directly into our anaerobic
digesters and generate biogas which is then utilized to produce heat and electricity to offset utility
costs at the plant.
This project has been in design and part of our long-term capital plan since 2009. The project has
been delayed due to the need for a Record of Decision regarding the cleanup of Manufactured
Gas Plant contamination within the plant grounds dating back to the early 1900s. The completion
of this project will enhance our ability to receive more waste and thus enhance our ability to make
more energy and therefore save the ratepayers utility expenses.
J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12
16. Human Resources
.1 Amendment of Managerial Benefits for 2013
WHEREAS, Periodic updates are required to clarify existing practices or to indicate changes in
benefits for managerial personnel not covered by a bargaining unit, and
WHEREAS, The Human Resources Director has revised and updated the Fringe Benefits for
Managerial Personnel accordingly; now therefore be it
RESOLVED, That the current fringe benefits for managerial personnel not covered by a
bargaining unit be amended as follows:
CITY OF ITHACA
FRINGE BENEFITS FOR MANAGERIAL PERSONNEL
1. Annual Leave:
Managerial employees shall earn annual leave on a monthly basis in accordance with the
following schedule:
Length of Service 40 hours/week 35 hours/week
less than 2 years 10 hrs/mo (3 wks)` 9 hrs/mo (3 wks)
2-4 years 14 hrs/mo (4 wks) 12 hrs/mo (4 wks)
5-9 years 17 hrs/mo (5 wks) 15 hrs/mo (5 wks)
10 or more years 20 hrs/mo (6 wks) 18 hrs/mo (6 wks)
Annual leave shall be posted on the first day of each month, beginning with the first day
of the month following the month of hire.
Annual leave may be accumulated up to a maximum of forty (40) days; provided,
however, that no more than thirty (30) days of accumulated annual leave shall be paid on
separation from service. Unused annual leave in excess of this amount may be applied
toward the purchase of health and dental insurance upon retirement.
An employee may elect to cash in up to ten (10) days of unused annual leave in
December of any calendar year.
2. Holidays:
Holiday leave shall be as follows:
January 1st Columbus Day
Martin Luther King Day Veteran’s Day
President’s Day Thanksgiving
Memorial Day Day After Thanksgiving
Independence Day Christmas
J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12
Labor Day One (1) annual leave day to be credited
2/1*
Whenever any of these holidays falls on a Saturday, the preceding Friday shall be
considered the holiday. If on Sunday, the following Monday shall be considered the
holiday.
* An annual leave day was added in lieu of Lincoln’s Birthday, pursuant to a resolution
adopted by Common Council on December 5, 2007. The annual leave day is accrued on
February 1st of each year.
Managerial employees who work shortened workweeks (i.e. fewer than five days per
week) that do not coincide with the established managerial holiday benefit schedule shall
receive annual leave accruals on the designated holidays rather than observing the
designated holidays as days off. Annual leave accruals shall be prorated as appropriate,
based on the employees standard workweek. (For example, a 20 hr/wk employee shall
accrue four (4) hours of annual leave on each holiday; a 40 hr/wk employee shall accrue
eight (8) hours of annual leave on each holiday.) Such annual leave accrual shall be a
replacement for paid holidays off, not a supplement to them.
3. Sick Leave:
Sick leave shall accumulate at the rate of one (1) day per month. Sick leave shall be
posted on the first day of each month, beginning with the first day of the month following
the month of hire. There shall be unlimited accumulation of sick leave.
Any employee who is injured in the course of his/her employment and who is entitled to
benefits under the provisions of Workers’ Compensation Law may elect to use his/her
accumulated sick leave benefits to cover the workers compensation absence. If an
employee elects to do so, the amount of any award made to the employee by the Workers’
Compensation Board for any period of time during which the employee used sick leave
benefits shall be paid to the City of Ithaca, which in turn will reimburse the employee's
sick leave account with the amount of sick leave equivalent to the financial value of the
award.
4. Sick Leave Bank:
In the event that a management level employee is absent from work due to prolonged
illness which has exhausted that employee’s leave credits, fellow management employees
may voluntarily donate earned sick leave time to the affected employee up to a maximum
of five (5) days per donating employee per year. Donated sick leave days shall be
deducted from the earned sick leave time of the donating employee.
Employees may voluntarily make or receive a donation of accumulated sick leave or
annual (vacation) leave to or from any City of Ithaca employee. The employee receiving
the donated time must have exhausted his/her leave time. The request to transfer leave
time must be submitted in writing to the Human Resources Department.
5. Sick Leave Buyout
Upon an employee’s retirement, the employee shall be compensated for unusedsick leave
as follows:
a. The employee may elect to receive a cash settlement for unused sick leave not to
exceed $11,000.
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The employee may elect to have the above cash settlement paid weekly as regular
salary during his/her last six (6) months of employment; provided, however, that
no such settlement shall be paid until after the employee has submitted a letter of
commitment which specifies the date of retirement.
If the employee elects to receive the above cash settlement and has accumulated sick
leave credit in excess of the above amount, the remaining sick leave, computed at the
employee’s current rate of pay, may be applied toward the payment of extended health and/or
dental insurance coverage until exhausted.
b. The employee may elect to waive the cash settlement described in (a) above, and
apply all of his/her accumulated sick leave toward extended health and/or dental coverage. If
the cash settlement is waived, extended health and dental insurance coverage shall be
provided at the rate of one (1) month of insurance for each twelve (12) hours of accumulated
sick leave.
In the event of an employee’s death prior to his/her retirement, or if retired, prior to the
exhaustion of remaining accumulated funds, such monies due the employee shall be
applied toward the purchase of health insurance for his/her surviving dependents, if any.
Upon the exhaustion of the above credits in (a) and (b) above, the City will no longer
extend health insurance coverage to retirees and dependents except by direct full payment
to the City by the retiree at the appropriate rate available as determined by the City.
6. Bereavement Leave:
In the event of death in the immediate family of the employee or family of the
employee’s spouse or domestic partner, such employee shall be allowed a leave of
absence with pay to a maximum of three (3) days. The Mayor may grant additional time
as needed.
The immediate family is defined as: the spouse or domestic partner, parent, grandparent,
child, grandchild, brother or sister of the employee or the parent, grandparent, child,
grandchild, brother or sister of the spouse or domestic partner. It shall apply also to any
other relative living in the same household.
In the event of death of a friend, family member not in the immediate family or associate
of an employee, such employee may be allowed a leave of absence with pay of one (1)
day. The Department Head or Mayor, if the department head makes the request, must
approve this leave of absence.
7. Parenting Leave:
Pursuant to Section C-109 (B) (3) of the City Charter, Any employee taking a parenting
leave shall be entitled to use up to eight (8) weeks of accumulated sick leave without
providing a doctor’s certificate. Parenting leaves shall be available to both male and
female employees and shall be available only in the case of childbirth or adoption.
J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12
Employees may use additional sick time at the end of the eight (8) week period for
parenting leave upon presentation of a doctor’s certificate attesting to the necessity of
such continued leave from employment.
8. Jury Duty:
An employee shall be granted a leave of absence, with pay, at no loss of accrued leave, to
serve jury duty or to appear as a witness pursuant to subpoena, or other order of the court
upon presentation to the City of proof thereof. Any compensation received from the
court except expense reimbursement, shall be returned to the City.
9. Work Schedule:
The City recognizes the need to provide a certain degree of flexibility in the work
schedules of managerial employees to accommodate for work performed during non-
traditional work hours.
10. Health & Dental Insurance:
For employees hired before January 1, 2005: Effective January 1, 2005, an employee
contribution of up to 7% of the premium equivalent based upon the attached sliding scale.
Effective January 1, 2006, an employee contribution of up to 11% of the premium
equivalent based upon the attached scale.
New employees hired on or after January 1, 2005, shall contribute 18% of the full
premium equivalent in 2005 and 20% of the full premium equivalent in 2006 and
thereafter.
Please note that the premium equivalent listed on the sliding scale for 2006 may not be
the actual amount. The premium equivalent for the upcoming year is determined before
December of each year.
Effective January 1, 2001, the employee prescription drug co-pay increases to $2 for
generic drugs and $10 for brand drugs. This co-pay is not reimbursable through any
section of the Health Insurance program. Under this co-pay, each prescription may be
filled for up to a three month supply.
All employees shall contribute 20% of the health insurance premium equivalent for the
type of health insurance (individual or family coverage) that the employee has elected.
Effective January 1, 2013, the employee prescription drug co-pay shall be $5 for generic
drugs, $15 for brand name drugs that do not have a generic equivalent, and $30 for
brand drugs that have a generic equivalent. Each prescription may be filled for up to a
three month supply at a time.
The City will provide the Excellus Blue Cross/Blue Shield Schedule A Dental Plan as
individual and/or family coverage, at no cost to the employee. Employees who elect to
carry prime blue dental insurance instead of the Schedule A Dental Plan shall be
responsible for payment of the difference between the two premiums.
Employees who elect to carry Focus Vision Insurance shall be responsible for payment of
the full premium.
J:\DRedsicker\AGENDAS\City Admin Comm\2012\11-28 CA Agenda.doc 11/28/12
11. Retirement:
The City shall provide membership in the New York State Employees’ Retirement
System with benefits as described in the “Improved Non-Contributory Plan” (Section 75-
i). In addition, the City shall provide Section 384d benefits for members of the
uniformed services, including Section 302(9)(D) for Tier 1 members.
12. Day Care:
The City shall continue to provide the established Day Care Assistance Program (Cash
Subsidy Program, Flexible Spending Account and Flexible Work Schedule) according to
the program and procedures adopted by the Ithaca Common Council.
13. Educational Assistance:
The City of Ithaca agrees to pay the tuition for education courses, including technical and
trade schools, to assist employees in furthering their education and enhancing their ability
and effectiveness on the job. Such assistance shall be limited to courses which are related
to an employee’s position and which will further development in the performance of the
employee’s duties. Additionally, the employee must receive a passing grade in the
course before reimbursement will be issued.
Educational assistance shall be limited to two (2) courses per calendar year for permanent
or provisional employees. No employee shall receive assistance for more than a career
limit of twenty (20) courses. The City shall pay the actual per hour tuition cost of any
approved courses, provided that any employee who receives educational assistance shall
reimburse the City for the cost of any course if the employee chooses to leave City
employment within six (6) months of the conclusion of that course.
14. Mileage Reimbursement:
Employees who are required to use their personal automotive vehicle in the conduct of
official business shall be reimbursed at the prevailing IRS rate.
Revised:
City of Ithaca
Bond Resolution Information
CA Meeting 11/28/12
Bond Resolution
The City normally borrows funds twice a year, January and then again in August.
To borrow funds Council must first authorize the issuance of the bonds.
This request is to approve the authorization of Capital Projects approved by Council since our last authorization
in July 2012. The projects needed for authorization include projects approved as part of the 2013 Budget and
any Council authorized projects from August. All projects are issued on a cash flow need basis, meaning
that enough funds will be issued to cover costs over the next six months as cash is needed.
Attached you will find the projects needed for authorization in the amount of $15,979,453. My concerns for a
HEAVY City debt load continue and we need to find ways to reduce the high amount of debt we have.
Going forward the high annual debt costs will restrict use of city funds for other uses. We are required to pay
our debt first. Our current debt outstanding including this issue is $97,109,565. While, 32,552,820 of our
outstanding debt is related to water, sewer, installment debt, IURA or wastewater and is exempt from the debt
limit, we still have a significant amount of outstanding debt, $64,556,745. In addition, some or our debt will be
reimbursed from Federal and State aid.
We have not received the resolutions from the bonding atttorney, but we will send them out as soon as they
are received. A two-thirds vote of the entire voting strength of CC is needed for approval in December.
In some cases, we will borrow an amount greater than what is needed due to the fact we have to upfront the
costs. Several of the projects will have future reimbursements from State, Federal or other funding
sources that will be used to pay down on the issuance of BANS needed upfront. The largest project in this
authorization is for the Commons Improvements at $10,433,000. We will receive at least $5,500,000 from the
State and Federal Government and other outside sources to offset the $10,433,000.
The total issuance for January 2013 will be $13,972,475 plus renewal of the BANS coming due.
Of the new money, $6,028,000 is General Fund bonds. The other $7,944,475 is for water, sewer and joint
activity bonds. The largest amount relates to the IAWWTF projects for $4,633,475. One of these projects is
the last phase of the energy performance project in the amount of $1,556,000. The other project is a new
project to improve the septage receiving building for $3,077,475. The City's cost share of these two issues will
be $2,647,568. The other two owners, Town of Ithaca and the Town of Dryden will pick up the remainder of the
cost. The bonding amounts for Wasterwater will not count toward our overall debt limit.
Interest rates have remained about the same since our last issue in August. Our rate in August was .30%.
The market is currently in a less volatile condition, but the economy remains very uncertain at this time.
We expect to borrow these funds through Bond Anticipation Notes at interest rates between .25% and 1.00%.
The investment rate is lower and is currently around .19%. Rates are changing daily. We will look at the
possibility of going long-term with some of our debt as long-term rates are very favorable at this time, around the
2.40% mark. Issuing funds now will allow us to take advantage of the historically low interest rates. Because
of the large amount of this issuance we need to be even more stringent on the future funding of projects.
City of Ithaca
Summary of Bond Authorizations
2012 for 2013 issue
11/21/2012
City of Ithaca Page 2
New Issues:2013
Council
Authorization Project
Date #Description Bond Resolution Amount Status Amount to issue
11/7/2012 Capital Projects Authorized with 2013 Budget General Fund
780 Streets and Facilities Radio Banding Conversion 65,000$ issue 65,000$
To fund acquisition of DPW radio units to convert from wide band 2-way radio frequencies to narrow band
frequencies per FCC mandate requirments for 2013. New Money and project.
11/7/2012 781 Cass Park Rink Ice Resurfacer Acquisition 100,000$ issue 100,000$
To fund the acquisition of a Ice Resurfacer (Zamboni) at Cass Park Ice Rink. New money and project.
this would replace our 1990 Zamboni machine. Our current 1972 reserve machine would be sold and the 1990
machine would become the backup.
11/7/2012 754 Hangar Theatre Building Site Improvements -$ partial issue 50,000$
To fund phase 4 of 6 construction site costs to city owned building. Costs to include site demolition,
parking lot improvements and storm drainage improvements. Amended project. Previously
funded $50,000 on 2/15/12. Orrick file 43119-2-10. Total authorization is $300,000.
11/7/2012 753 Transit Improvements 100,978$ partial issue 80,000$
To fund various transit capital improvements related to TCAT. Includes Bus
acquisition. Additional money. New Equipment. Amended Project.
11/7/2012 372 Seneca Street Parking Garage Improvements 500,000$ issue 500,000$
To fund repairs to the Seneca Street parking garage such as; slab; beams; tendons; columns; curbs;
deck coating; plumbing and electrical repairs to extend the life of the garage for another 20 years. This
would be phase 2 of a 3 phase project for the next 2 years. New additional money. Amend project.
Issued funds of $1,000,000 on 2/15/12. Orrick file 43-119-2-26d.
11/7/2012 783 Acquisition of Email System 83,000$ issue 83,000$
To fund the replacement of our outdated computer email system for the City. Includes
hardware, software and installation. City IT Department to do installation. New money and project.
11/7/2012 784 Old Elmira Road Reconstruction 1,042,000$ partial issue 950,000$
To fund the reconstruction of Old Elmira Road from the roundabout to Route 13. The reconstruction will
include; street base repairs, repavement, sidewalks, bike lanes, enhanced bus stops, landscaping, curbing
and landscaping. The total project cost is $1,365,000 with costs shared DPW operating $323,000, curb
assessments $80,000, sidewalk assessments $112,000, $175,000 borrowed funds and $675,000 NYSDOT
multimodal funding. New money and project. Funds from assessments and State will be used to later pay
down on the outstanding borrowing, leaving a total city borrowed amount of $175,000.
11/7/2012 724 Ithaca Commons Reconstruction 9,000,000$ partial issue 4,000,000$
To fund the reconstruction of The Commons Pedestrian Mall including; utility replacement, electrical upgrades,
surface treatment and new site amenities. Previously authorized and issued $1,050,000 for design. Last
issued 2/15/11. Orrick file 43119-2-2. Amended project and additional money. Funds will be upfront city
cost with later repayment from federal/state and assessments. Final G/F city cost is $3,500,000 plus design.
Federal aid $4,500,000, State aid $500,000 plus additional amount possible, assessment/DIA funding
of $500,000. Total project costs including water and sewer work is $10,433,000.
11/7/2012 777 Parking Pay Station Acquisitions 200,000$ issue 200,000$
To acquire additional pay stations and/or electronic meter heads to replace or supplement city parking meters.
Revenue increase will produce a short payback of the cost. New money and amended project. Issued $50,000
on 2/15/12. Orrick file 43119-2-26i.
1/5/2000 510 Water Treatment Plant Improvements/Replacement -$ partial issue 1,500,000$
Project was established to improve or replace the current City Water Treatment Plant.
This project was only a portion of the costs of full construction of new plant or hooking
up to the existing Town of Ithaca Water Treatment Plant. $3,800,000 has been issued
to date. Orrick file 43119-2-2 n) (2-13). This project was authorized at $6,000,000. Costs will
include Studies, planning, design and construction. The decision for the City water source has
now been made to rebuild our own Water Treatment Plant. Last issue was 8/3/12.
City of Ithaca
Summary of Bond Authorizations
2012 for 2013 issue
11/21/2012
City of Ithaca Page 3
New Issues:2013
Council
Authorization Project
Date #Description Bond Resolution Amount Status Amount to issue
11/7/2012 623 James L. Gibbs Sanitary Sewer Main Replacement 128,000$ issue 128,000$
To fund replacement of sanitary sewer on James L. Gibbs Drive. Life cycle replacement and capacity upgrade.
New money and project.
11/7/2012 523 Esty Street 10 block Water/Sewer Main Replacement 190,000$ issue 190,000$
To fund replacement of the 100 block of Esty Street water and sewer main in the city. Life cycle replacement.
New money and project.
11/7/2012 624 Wood Street Sanitary Sewer Pump Rebuild 60,000$ issue 60,000$
To fund replacement of sanitary sewer pump at Wood Street. Life cycle replacement and capacity upgrade.
New money and project.
11/7/2012 524 Ithaca Commons Reconstruction-Water Main Rehabilitation & Replacement 573,000$ issue 573,000$
To fund the rehab and/or replacement of watermain located underneath The Commons Pedestrian Mall. Life
cycle replacement. New money and project.
11/7/2012 625 Ithaca Commons Reconstruction-Sewer Main Rehabilitation & Replacement 860,000$ issue 860,000$
To fund the rehab and/or replacement of sewermain located underneath The Commons Pedestrian Mall. Life
cycle replacement. New money and project.
12/1/2011 417J IAWWTF Energy Performance Upgrades -$ partial issue 1,556,000$
To fund various energy improvements to the IAWWTF. The improvements will consist of the
following; Cogeneration System replacement and upgrade; replacement of blowers and dissolved
Oxygen Controls; digester replacement; secondary digester cover and offline gas storage; lighting
upgrades; building envelope improvements; facility management system; heat recovery and ventilation
system improvements; solar power generating system installation and boiler #2 system replacement.
New Money. Overall estimated cost of project is $8,026,398 with a NYSERDA grant of $370,679 and
other possible grants. Funding will be allocated between the three owners as follows: City of Ithaca
$4,374,478; Town of Ithaca $3,129,658 and Town of Dryden $151,583. IAWWTF (Ithaca Area Waste
Water Treatment Facility). Orrick file 43119-2-2-24a. First issue of $3,100,000 was on 8/5/11. The second
issue was $3,000,000 on 2/15/12. The total issued to date is $6,100,000.
12/5/2012 418J IAWWTF Septage Receiving Facility Improvements 3,077,475$ issue 3,077,475$
To fund the upgrade of the Ithaca Area Wastewater Treatment Facility septage receiving facility. The project will
add a new underground storage tank, new food waste collection tanks and renovate existing tanks to provide
better screening systems and mixing systems to aid in the treatment of septage. The septage system generates
nearly $300,000 annually and produces significant annual utility savings. The three owners, City of Ithaca, Town
of Ithaca and Town of Dryden share in the overall cost of this project. The city's share of the cost is 57.14% or
$1,758,469. This is new money and a new project.
Totals 15,979,453$ 13,972,475$
General Fund 11,090,978$ 6,028,000$
Solid Waste -$ -$
Water 763,000$ 2,263,000$
Waste Water plant 3,077,475$ 4,633,475$
Sewer 1,048,000$ 1,048,000$
15,979,453$ 13,972,475$