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HomeMy WebLinkAbout08-20-14 City Administration Committee Meeting AgendaCA Meeting City Administration Committee DATE: August 20, 2014 TIME: 6:00 pm LOCATION: 3rd Floor, City Hall, Council Chambers AGENDA ITEMS Item Voting Item? Presenter(s) Time Allotted Chair, Deb Mohlenhoff 1.Call To Order *Note: We will review the number of 15 Min* 1.1 Agenda Review No cards received at the beginning of each 1.2 Review and Approval of Minutes Yes meeting and adjust time if needed. Approval of July 2014 Minutes 1.3 Statements from the Public No 1.4 Statements from Employees No 1.5 Council Response No (6:15 p.m.) 2.Standing Sub-Committee and Staff Reports 3.City Administration, Human Resources, and Policy 3.1 IURA - Hotel, Authorize Disposition of City Yes Tom West, Director of Engineering 10 Min - Owned Property at 120 E. Green Street 3.2 YB – Request to Amend 2014 Personnel Roster Yes Liz Vance, Director 5 Min 3.3 P, B & ED – Request to Amend 2014 Personnel Yes Joann Cornish, Director 10 Min Roster 3.4 Attorney - Sale of City-Owned Property and Yes Ari Lavine, Attorney 5 Min the Granting of an Easement over City-Owned Property – Negative Declaration 3.5 Attorney - Sale of City-Owned Property and Yes Ari Lavine, Attorney 5 Min the Granting of an Easement over City-Owned Property – Declaration of Lead Agency 3.6 Attorney - Ordinance Approving a Sale of Yes Ari Lavine, Attorney 5 Min City-Owned Property and the Granting of an Easement over City-Owned Property 3.7 Attorney - Conditional Consent to Transfer Yes Ari Lavine, Attorney 20 Min of Control (7:15 p.m.) 4.Finance, Budget, and Appropriations 4.1 IPD – Request to Amend 2014 Budget Yes IPD Staff 5 Min. 4.2 IPD – Request to Amend 2014 Budget Yes IPD Staff 5 Min. (7:25 p.m.) 5.Performance Measures No Kevin Sutherland, Chief of Staff 5 Min (7:30 p.m.) 6.GPA Transition No Deb Mohlenhoff 6.1 NONE (7:30 p.m.) 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. CA MEETING AGENDA August 20, 2014 Continued 7.2015 Budget Process 7.1 Budget Forums and Process Preparation No All 20 Min (7:45 p.m.) 8.Meeting Wrap-up All 5 Min 8.1 Announcements No 8.2 Review Agenda Items for next meeting No 8.3 Adjourn Yes (7:50 p.m.) Committee Charge: The CA committee will: Review financial and administrative issues pertaining to the City, along with items relating to the City of Ithaca workforce environment, intergovernmental relations and human resource 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. 3.City Administration, Human Resources, and Policy .1 Marriott Hotel, Authorize Disposition of City - Owned Property at 120 E. Green Street WHEREAS, Hotel Ithaca LLC (Marriott Hotel) is the developer of a proposed 159-key Marriott hotel at 120 S. Aurora Street, Ithaca, NY, and WHEREAS, on June 4, 2014, the Common Council authorized a parking agreement with the Marriott Hotel but deferred decision making regarding a proposed option agreement authorizing the Marriott Hotel to acquire air rights to a portion of the Green Street Garage should it be decommissioned in the future, as a potential property conveyance requires publication of a series of public notices before it can be considered for action by the Common Council, and WHEREAS, the majority of parking to be made available for hotel guests at the Marriott Hotel per the authorized parking agreement is located in the Green Street Garage, and WHEREAS, the eastern section of the Green Street Garage, constructed in 1973 above a portion of the Rothschild building, is anticipated to have a remaining useful life of approximately 15 years before requiring major new investment, and WHEREAS, the Marriot Hotel seeks a means to provide parking for hotel guests should the City decommission the eastern section of the Green Street Garage in the future, and WHEREAS, the City will incur a substantial expense to demolish and remove the portion of parking structure should it be decommissioned, and WHEREAS, on June 4, 2014, the Common Council for the City of Ithaca, acting as the lead agency, conducted environmental review in accordance with the City Environmental Quality Review Ordinance and issued a negative declaration that the proposed action will result in no significant impact on the environment; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby authorizes an option agreement with Hotel Ithaca LLC, developer of the Marriott Hotel to be located at 120 S. Aurora Street, to acquire air rights to the eastern section of the Green Street Parking Garage located above the Rothschild Building along with access easement over the central section of the Green Street Garage to provide access to and from Green Street, for $1 for use as private parking, and be it further RESOLVED, That the option agreement shall include provisions that the option agreement cannot be exercised unless and until the City decommissions the eastern section of the Green Street Garage and the Common Council declares the subject property surplus municipal property, and be it further RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby authorized to execute an agreement to implement this resolution. J:\DRedsicker\AGENDAS \City Admin Comm\2014\8-20 CA Agenda.docx 8/20/14 Ithaca Urban Renewal Agency Customer #330780 108 East Green Street Ithaca, NY 14850 (607)-274-6550 Contact Person: Nels Bohn July XX, 2014 Legal Advertising Department The Ithaca Journal Sent via e-mail:cnylegals@gannett.com LEGAL NOTICE Please publish the following public notice once each week for three consecutive weeks in the Legals section of the Ithaca Journal with the first notice to be published on July 20, 2014 Public Notice Proposed Option Agreement to Sell City-Owned Real Estate City of Ithaca Eastern Portion of the Green Street Parking Garage As part of parking negotiations with Hotel Ithaca LLC, developer of the 159-room Ithaca Marriott Hotel to be constructed at 120 S. Aurora Street, the City is considering an agreement to allow Hotel Ithaca, LLC to exercise an option to acquire the eastern section of the Green Street Parking Garage adjacent to the hotel only if it is both decommissioned for public parking and declared as surplus municipal property by the City of Ithaca Common Council. The City has no plans to decommission any section of the parking garage at this time. The eastern section of the Green Street Parking Garage contains two decks of parking constructed on air rights located over portions of the so-called Rothschild Building located at 205 E. State Street and contains approximately 150 parking spaces. Per the proposed agreement, Hotel Ithaca LLC may exercise an option to acquire for $1.00 the decommissioned and surplus eastern section of garage along with an access easement over the central section to provide access to and from Green Street for use as a private parking. The eastern section was constructed in 1973. The central section was reconstructed in 2010. Section C-36(40) of the City Charter requires notice of a proposed sale of City-owned land to be published at least once each week for three weeks, the first such notice being published no less than 30 days prior to the approval vote. At least a ¾ vote of the full Common Council is needed to approve sale of City-owned real estate, which sale is subject further to permissive referendum. The petition must be submitted to the City Clerk prior to Common Council action to authorize the sale. The Common Council will not consider this matter prior to their September 3, 2014 meeting. Written comments may be sent to Common Council, c/o City Clerk, City of Ithaca, 108 E. Green Street, Ithaca, NY 14850. For more information contact Nels Bohn at (607) 274-6547 or at nelsb@cityofithaca.org CA Item #3.1 Please verify receipt of this order upon receipt to nelsb@cityofithaca.org. Please do not send an affidavit of publication. Send the bill to the Ithaca Urban Renewal Agency. Respectfully, Nels Bohn Nels Bohn Cc (email): City Clerk CA Item #3.1 CA Item #3.1 3.City Administration, Human Resources, and Policy .2 Youth Bureau – Amendment to the 2014 Personnel Roster WHEREAS, the Youth Program Assistant position was created in 2005 as a training position to allow promising job recruits an opportunity to grow into a Youth Program Leader position, and WHEREAS, an employee has done an exemplary job as a Youth Program Assistant and has successfully passed the promotional civil service exam, and WHEREAS, the Youth Bureau would like to promote this employee to Youth Program Leader, a position which better fits her job duties, and WHEREAS, the Youth Bureau has an unfunded Youth Program Leader (35 hours per week) on the roster, and WHEREAS, this amendment requires no budget increase, now therefore be it RESOLVED, That Common Council hereby amends the 2014 Youth Bureau Personnel Roster as follows: Delete: One (1) Youth Program Assistant (35 hours per week) Add: One (1) Youth Program Leader (35 hours per week) J:\DRedsicker\AGENDAS \City Admin Comm\2014\8-20 CA Agenda.docx 8/20/14 3.City Administration, Human Resources, and Policy .3 P,B and ED - Request to Amend Personnel Roster WHEREAS, the Historic Preservation and Neighborhood Planner position in the City’s Planning Division has been vacant since June of 2014, and WHEREAS, the position requires a unique combination of skills and knowledge not commonly found in candidates, and WHEREAS, in 2011, due to budget cuts, the position was reduced to 20 hours per week making it even more difficult to fill, and WHEREAS, with the reduction in hours, the neighborhood planning responsibilities were removed from the position so that its sole focus is now on historic preservation planning, and WHEREAS, with guidance from the City’s Human Resources Department, it was agreed that the best plan of action would be to create a new position entitled Historic Preservation Planner and, WHEREAS, it was also agreed that the position of Historic Preservation and Neighborhood Planner should be preserved for future use should the position ever be restored to full-time and neighborhood planning duties reinstated, and WHEREAS, the new position is scheduled for adoption at the September 3, 2014, Civil Service Commission meeting; now, therefore, be it RESOLVED, That the Personnel Roster for the Department of Planning, Building, Zoning, and Economic Development is amended as follows: Add: One (1) Historic Preservation Planner, Grade 15, at twenty (20) Hours per week Delete: One (1) Historic Preservation and Neighborhood Planner, Grade 16, at twenty (20) hours per week, and be it further RESOLVED, That the position of Historic Preservation Planner shall be assigned to the CSEA Administrative Unit at a salary grade 15, and be it further RESOLVED, That for the sole purpose of determining days worked reportable to New York State and Local Employees’ Retirement System, the standard workday for this position shall be established at seven (7) hours per day, thirty-five (35) hours per week. J:\DRedsicker\AGENDAS \City Admin Comm\2014\8-20 CA Agenda.docx 8/20/14 3.City Administration, Human Resources, and Policy .4 Sale of City-Owned Property and the Granting of an Easement over City-Owned Property – Negative Declaration WHEREAS, the City of Ithaca Common Council is considering the sale of the property located at 601 First Street, Ithaca, NY (tax parcel #25.-2-1.2) pursuant to a 1993 lease, and the granting of an easement over an adjacent portion of City-owned land, to the Sciencenter Discovery Museum, and WHEREAS, on September 3, 2014, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, such proposed action for the transfer or sale of less than 2.5 contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQR”) and an Unlisted Action under the State Environmental Quality Review Act (“SEQR”), both of which require environmental review, and WHEREAS, the Short Environmental Assessment Form (“SEAF”) 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 Short Environmental Assessment Form, Part 1 and Part 2, both prepared by City staff; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed transfer of tax parcel #25.-2-1.2 pursuant to the 1993 lease and the granting of an easement over an adjacent portion of City-owned land 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\2014\8-20 CA Agenda.docx 8/20/14 M E M O R A N D U M To: City Administration Committee From: Jared Pittman, Assistant City Attorney Date: August 8, 2014 Subject: Conveyance of City Land to Sciencenter Pursuant to 1993 Lease and Grant of Easement on Adjacent City Land _________________________________________________________________ On August 6, 1993, the City entered into a twenty-year lease with the organization now known as Sciencenter Discovery Museum (“Sciencenter”) for the parcel of land located at 601 First Street, on which the Sciencenter building was subsequently built. The Sciencenter now seeks to exercise the option to buy the parcel granted to it in the lease, and also requests that the City grant the Sciencenter an easement for the portion of the City land bordering the parcel on the east, onto which the Sciencenter’s miniature golf course has extended for some time. With regard to the exercise of the option under the 1993 lease, the lease required that the Sciencenter make certain rental payments to the City that would also reduce the cost of the purchase option. The City Controller has confirmed that all payments due under the lease have been made, and the City is required to transfer the land to the Sciencenter for no additional cost. The easement sought by the Sciencenter is approximately twelve feet wide and 230 feet long, as reflected on the attached survey. The easement is non-transferable without the City’s consent, and the Sciencenter has agreed to indemnify the City for any claims arising from its use of the land and to maintain liability insurance adequate to protect the City’s interests. The Sciencenter has previously installed and maintained improvements on City land (such as installation and operation of lighting, benches, trash and dog waste receptacles in the area alongside Cascadilla Creek), the value of which exceeds the net present value of the license fees that the City would charge to grant a license to use the area in question. Accordingly, there is a reasonable basis to conclude that the City has received fair value in exchange for granting the easement. On July 28, 2014, BPW approved a resolution finding that the area that would be subject to the easement is surplus for municipal purposes. The bargain sale and deed would both convey the parcel of land subject to the lease still owned by the City, and also grant the easement described above. This is an Unlisted action and requires environmental review. CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-6590 OFFICE OF THE CITY ATTORNEY Aaron O. Lavine, City Attorney Telephone: 607/274-6504 Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507 Krin Flaherty, Assistant City Attorney Jared Pittman, Assistant City Attorney Jody Andrew, Executive Assistant CA Item #3.4 CA Item #3.4 CA Item #3.4 BARGAIN & SALE DEED with Covenant Against Grantor’s Acts THIS INDENTURE is made the ______ day of _____________, in the year Two Thousand Fourteen, between City of Ithaca, a municipal corporation existing under the laws of the State of New York, with offices at 108 East Green Street, Ithaca, New York 14850,the Grantor, and Sciencenter Discovery Museum, an education corporation duly chartered and validly existing pursuant to the laws of the State of New York, with offices at 601 First Street, Ithaca, New York 14850,the Grantee. WITNESSETH, that the Grantor, in consideration of One Dollar ($1.00), lawful money of the United States, and other good and valuable consideration paid by the Grantee, does hereby remise, release and quitclaim unto the Grantee, its successors and assigns forever, ALL THAT PARCEL OF LAND DESCRIBED IN THE ATTACHED SCHEDULE A TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the Grantee and its successors and assigns forever. AND the Grantor COVENANTS that the Grantor has not done or suffered anything whereby the said property has been encumbered in any way whatsoever, except as aforesaid. AND the Grantor, in compliance with Section 13 of the Lien Law, COVENANTS that the Grantor will receive the consideration as a trust fund to be applied first for the purpose of paying the costs of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. IN WITNESS WHEREOF, the Grantor has duly executed this deed the day and year first written above. City of Ithaca IN PRESENCE OF By:L.S. Svante L. Myrick, Mayor STATE OF NEW YORK) COUNTY OF TOMPKINS) ss.: On the ______ day of __________________, in the year 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Svante L. Myrick, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person on behalf of whom the individual acted, executed the instrument. _______________________________ Notary Public - Page 1 -RE\Sciencenter-City 0FirstSt BS.ded 6/27/14 CA Item #3.4 SCHEDULE A ALL THAT TRACT OR PARCEL OF LAND situate in the City of Ithaca, County of Tompkins and State of New York, bounded and described as follows: BEGINNING at the intersection of the northerly line of Franklin Street with the easterly line of First Street; thence North 30 degrees 59 minutes 17 seconds West along the easterly line of First Street a distance of 242.71 feet to a point marked by an iron pin with cap in the southerly line of New York State Route 13; thence North 41 degrees 40 minutes 00 seconds East along the southerly line of New York State Route 13 a distance of 194.61 feet to a point; thence South 48 degrees 20 minutes 00 seconds East along a westerly boundary of premises reputedly now or formerly of Sciencenter Discovery Museum (formerly known as Sciencenter, Inc.), hereinafter referred to as “Sciencenter” (788/5) a distance of 62.01 feet to a point; thence South 41 degrees 40 minutes 00 seconds West along a northerly boundary of said Sciencenter premises a distance of 76.10 feet to a point; thence South 30 degrees 45 minutes 00 seconds East along a westerly boundary of said Sciencenter premises a distance of 218.62 feet to a point in the northerly line of Franklin Street; thence South 58 degrees 54 minutes 43 seconds West along the northerly line of Franklin Street a distance of 130.70 feet to the point of beginning, containing 0.887 acre of land. SUBJECT TO and TOGETHER WITH rights of ingress and egress in common with the aforementioned Sciencenter parcel (adjoining the above-described premises on the east) for vehicular and pedestrian traffic and parking. TOGETHER WITH an easement in gross hereby granted by the grantor to the grantee, said easement to be non-transferable and non-assignable without the grantor’s written consent, and subject to the grantee’s agreement to (i) indemnify and hold the grantor harmless from any claims, damages, or judgments arising from the grantee’s use of the land, and (ii) carry adequate liability insurance to protect the grantor’s interests, for the operation of a mini-golf course and other activities related to the grantee’s purposes, over and across the following tract or parcel of land as shown in cross-hatching on the below-referenced survey map: Beginning at a point in the southerly highway line of New York State Route 13, which point is located the following courses and distances from the intersection of the easterly line of First Street with the northerly line of Franklin Street: thence North 30 degrees 59 minutes 17 seconds West along the easterly line of First Street a distance of 242.71 feet to a point marked by an iron pin with cap in the southerly line of New York State Route 13; thence North 41 degrees 40 minutes 00 seconds East along the southerly line of New York State Route 13 a distance of 194.61 feet to a point; - Page 2 -RE\Sciencenter-City 0FirstSt BS.ded 6/27/14 CA Item #3.4 thence North 41 degrees 40 minutes 00 seconds East along the southerly line of New York State Route 13 a distance of 90.38 feet to a point; thence North 41 degrees 40 minutes 00 seconds East along the southerly line of New York State Route 13 a distance of 12.59 feet to a point; thence South 30 degrees 45 minutes 17 seconds East a distance of 232.20 feet to a point; thence South 59 degrees 14 minutes 43 seconds West a distance of 12.00 feet to a point in the easterly boundary of aforementioned premises reputedly now or formerly of Sciencenter (788/5); thence North 30 degrees 45 minutes 17 seconds West along said easterly boundary of said Sciencenter premises a distance of 228.40 feet to the point of beginning of this easement area, containing 2,744 square feet of land. SUBJECT TO: 1.Utility easements and rights-of-way of record. 2.A permanent easement hereby granted to the City of Ithaca for purposes of construction and maintenance of a sewer line and water main, said easement being located southerly of New York State Route 13 and measuring forty (40) feet in width from the southerly street line of New York State Route 13. The grantee shall not locate buildings or extensive site development features such as sidewalks, mounded tree lawns, or rock gardens over the location of this permanent easement. 3.The following restrictions: a.If, during a period of fifty (50) years from January 1, 1992, the grantee intends to sell the above-described premises, the grantee shall first offer the premises to the City of Ithaca for the then-appraised value of the premises, including improvements located thereon. The procedure for this shall be that the grantee would notify the City of its intention to sell the property. The City would then have the right, within a period of forty-five (45) days after receiving such notification, to notify the grantee that it wished to have the premises appraised. The grantee and the City would agree on an appraiser to appraise the premises. In the event that the parties were unable to agree on such an appraiser, that issue would be resolved by arbitration. The cost of the appraisal shall be split equally between the grantee and the City. Within forty-five (45) days after the appraisal is completed, the City would have the option of purchasing the premises for the then-appraised value. If the City notified the grantee that it wished to exercise such option, the parties would immediately enter into an agreement for the City to purchase the property at that price, with the closing to take place within three (3) months after the signing of the contract. If the City notified the grantee that it wished to have such an appraisal done but did not exercise its option to purchase the premises for the then- appraised value, and the grantee thereafter received a bona fide offer to purchase the premises which the grantee intended to accept, the City would have the right of first refusal to acquire the property under the terms of that offer. The City would have forty-five (45) days after receipt by it of a copy of said bona fide offer and notice that the grantee intended to accept said offer to exercise its right of first refusal. If the grantee advised the City that it intended to sell the premises and the city chose not to have the premises appraised (with the City being - Page 3 -RE\Sciencenter-City 0FirstSt BS.ded 6/27/14 CA Item #3.4 responsible for one-half of the cost of the appraisal), the City’s right of first refusal would automatically be deemed waived. b.If, during a period of fifty (50) years from January 1, 1992, the grantee sold the premises and did not within one (1) year from the date of sale open a new, comparable science center at some other location within the City, the City would have the option of purchasing the premises at the then-appraised value of the land alone, excluding any improvements placed on the premises. The value of the land would be determined by an appraisal as provided above. In determining whether the new science center was a comparable science center, the following factors would be considered: i.The comparative sizes of the Sciencenter on the subject premises and the new science center; ii.The comparative scope of activity of the Sciencenter on the subject premises and the new science center; iii.The activities actually undertaken by the Sciencenter on the subject premises and the new science center; iv.The value of the improvements on the subject premises and the value of the improvements to be used for the new science center; and v.Whether the new science center was the primary location of the Sciencenter as opposed to a satellite science center. c.Any buildings constructed on the subject premises shall not exceed forty (40) feet in height as such terms are currently defined in Section 325-3 of the City of Ithaca Municipal Code, “Height of Buildings” (previously Section 30.3(b)(47) of the prior City of Ithaca Municipal Code). d.If, during a period of fifty (50) years from January 1, 1992, at any time after the construction of the Sciencenter on the premises, there should be any significant exterior renovations to the buildings on the premises, the plans for such exterior renovations shall be subject to the approval of the City of Ithaca. The above-described premises were previously leased to the grantee by the grantor pursuant to a Lease dated August 6, 1993, which lease contained an option for the grantee to purchase the premises. That option was exercised, with the grantee having paid all rent and the full purchase price specified under said option, resulting in this deed. The above-described premises are SHOWN on a survey map entitled “Survey Map No. 0 First Street City of Ithaca, Tompkins County, New York,” prepared by T.G. Miller Associates, P.C., Engineers and Surveyors, dated June 18, 2013, which map is incorporated herein by reference and intended to be filed concurrently herewith. BEING a portion of the same premises conveyed to the City of Ithaca by Warranty Deed of Mary E. Turner, Samuel B. Turner and Ebenezer T. Turner dated June 28, 1895 and recorded in said Clerk’s Office on July 5, 1895 in Liber 144 of Deeds at page 316. - Page 4 -RE\Sciencenter-City 0FirstSt BS.ded 6/27/14 CA Item #3.4 Said premises are located on First Street, Ithaca, New York 14850 and are currently designated as City of Ithaca tax parcel number 25.-2-1.2. - Page 5 -RE\Sciencenter-City 0FirstSt BS.ded 6/27/14 CA Iteam #3.4 CA Item #3.4 3.City Administration, Human Resources, and Policy .5 Sale of City-Owned Property and the Granting of an Easement over City-Owned Property – Declaration of Lead Agency WHEREAS, the City of Ithaca Common Council is considering the sale of tax parcel #25.-2-1.2, located at 601 First Street, pursuant to a 1993 lease, and the granting of an easement over an adjacent portion of City-owned land, to the Sciencenter Discovery Museum, and WHEREAS, the proposed transfer of approximately 35,500 sq. ft. of land is an Unlisted action under the City Environmental Quality Review Ordinance (CEQRO), and 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, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed transfer to the Sciencenter Discovery Museum of the above listed real property. J:\DRedsicker\AGENDAS \City Admin Comm\2014\8-20 CA Agenda.docx 8/20/14 3.City Administration, Human Resources, and Policy .6 Ordinance Approving a Sale of City-Owned Property and the Granting of an Easement over City-Owned Property ORDINANCE __-2014 An Ordinance Approving a Sale of City-Owned Property and the Granting of an Easement over City-Owned Property WHEREAS the City entered into a lease with the organization now known as Sciencenter Discovery Museum (“Sciencenter”) on February 6, 1993 (“Lease”), under which the Sciencenter had use of the property known as 601 First Street (“Property”) to construct the Sciencenter science museum, and WHEREAS the Lease granted the Sciencenter an option to purchase the Property, and the City Controller has confirmed that the Sciencenter has made all necessary payments to exercise the option, thus requiring the City to sell the property, and WHEREAS the Sciencenter has requested an easement for a portion of City-owned land bordering the Property on the east (“Proposed Easement Area”), which land is the right of way for a portion of Lake Avenue that no longer exists, onto which the Sciencenter’s miniature golf course has extended for a number of years, and WHEREAS the Sciencenter is investing additional funds to renovate the miniature golf course area, and desires to formalize its use of City-owned land, and WHEREAS the Sciencenter previously installed and maintained improvements on City land (such as installation and operation of lighting, benches, trash and dog waste receptacles in the area alongside Cascadilla Creek), the value of which exceeds the net present value of the license fees that the City would charge to grant a license to use the area in question, and WHEREAS the Board of Public Works has determined that the land for which an easement is sought is surplus for municipal purposes, and WHEREAS, the City Charter requires approval by three-fourths of the Common Council to authorize sale of real property, and WHEREAS, the City Charter further requires notice of a proposed sale to be published no less than once each week for three weeks, the first such notice being published no less than 30 days prior to the approval vote, and such notices have been published; now, therefore, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent and Purpose. The Common Council makes the following findings of fact: A. The Property and the Proposed Easement Area are surplus for municipal purposes. J:\DRedsicker\AGENDAS \City Admin Comm\2014\8-20 CA Agenda.docx 8/20/14 B. The Sciencenter has made all necessary payments and taken all other necessary actions to entitle the Sciencenter to exercise its option to purchase the Property under the Lease. C. The value of the improvements installed on City land and maintained by the Sciencenter are equal to or greater than the net present value of the license fees that the City would charge to grant a license to use the Proposed Easement Area. Section 2. Approval and Execution of Deed. The Common Council authorizes and directs the Mayor, on the advice of the City Attorney, to execute documents as needed to effect these transactions. Section 3. Effective Date. This ordinance shall take effect immediately. J:\DRedsicker\AGENDAS \City Admin Comm\2014\8-20 CA Agenda.docx 8/20/14 3.City Administration, Human Resources, and Policy .7 Conditional Consent to Transfer of Control WHEREAS, Time Warner Cable Northeast LLC (“Franchisee”) is the duly authorized holder of a franchise, the term of which has expired and is pending renewal, as amended to date (the “Franchise”), authorizing Franchisee to serve the City of Ithaca, NY (the “Franchise Authority” or the “City”) and to operate and maintain a cable television system therein (the “System”); and WHEREAS, Time Warner Cable Inc. (“Time Warner Cable”) is the ultimate parent company of Franchisee; and WHEREAS, on February 12, 2014, Time Warner Cable, Comcast Corporation (“Comcast”) and Tango Acquisition Sub, Inc. (“Tango”), entered into an Agreement and Plan of Merger (the “Agreement”), pursuant to which Time Warner Cable will merge with Tango, a wholly-owned subsidiary of Comcast, with Time Warner Cable as the surviving company, and Time Warner Cable will thereby become a wholly-owned subsidiary of Comcast (the “Transaction”); and WHEREAS, Franchisee now seeks approval of the Transaction and has filed an FCC Form 394 with the Franchise Authority with respect thereto; and WHEREAS, the Franchise Authority has considered and [denies approval/approves] of the Transaction. NOW, THEREFORE, BE IT RESOLVED BY THE FRANCHISE AUTHORITY AS FOLLOWS: 1.The foregoing recitals are approved and incorporated herein by reference. 2.The Franchise Authority [does not consent/consents] to the Transaction, subject to each of the following express conditions, the satisfaction of which shall constitute a condition precedent to the effectiveness of the Franchise Authority’s consent: a.Franchisee’s provision of, and commitment to hereafter provide on thirty days’ notice from the City, financial accounting for the PEG Access operations within the City, known as PEGASYS, including revenue receivables such as the PEG fees collected by the Franchisee within the franchise area, and including staff and equipment expenditures at the PEG facility in the franchise area. b.Franchisee’s commitment to maintain open PEG studio time with appropriate staff present of not less than 24 hours per week, including during the vacation and other authorized absences of the regular staff member at the PEG studio. c.Provision at no charge to all subscribers in the franchise area, in satisfaction of section 15.1 of the existing Franchise Agreement, of i.informational materials regarding subscriber ability to access PEG channels (13, 15, and 16) using digital adapters, and ii.fully functional digital adapters permitting older television sets to access said PEG channels, with such functionality to be determined by J:\DRedsicker\AGENDAS \City Admin Comm\2014\8-20 CA Agenda.docx 8/20/14 the City’s testing of 20 such adaptors, obtained at random, at least 19 of which must perform with full functionality on initial test. d.Maintenance of picture quality equal to or better than the quality provided by Franchisee immediately prior to the transition from analog to digital transmission in this area. e.Provision of equipment for the PEG studio purchased using a given budget- year’s funds within 60 days of the Franchise Authority’s Request for the purchase of same. 3.The Franchise Authority confirms that the Franchise is expired but remains in force pending negotiation of a renewed Franchise. No certification is made as to defaults under the Franchise, and any defaults that may at this time exist are not waived by this Resolution, and may be raised by any legal means, including in further negotiations related to renewal of the Franchise. Subject to compliance with the terms of this Resolution, all action necessary to approve the transfer of control of the Franchisee to Comcast has been duly and validly taken. 4.Comcast or the Franchisee may [not] (a) assign or transfer its assets, including the Franchise, provided that such assignment or transfer is to an entity directly or indirectly controlling, controlled by or under common control with Comcast; (b) restructure debt or change the ownership interests among existing equity participants in Comcast; (c) pledge or grant a security interest to any lender(s) of Comcast’s assets, including, but not limited to, the Franchise, or of interest in Comcast, for purposes of securing any indebtedness; and (d) sell equity interests in Comcast or any of Comcast’s affiliates. 5.Upon closing of the Transaction, the Franchisee shall remain bound by the lawful terms and conditions of the Franchise. 6.This Resolution shall be deemed effective upon adoption. J:\DRedsicker\AGENDAS \City Admin Comm\2014\8-20 CA Agenda.docx 8/20/14 CA Item #3.7 CA Item #3.7 CA Item #3.7 CA Item #3.7 VIA E-MAIL AND OVERNIGHT DELIVERY May 9, 2014 Mr. Aaron O. Lavine, Esq. City Attorney, City of Ithaca City Attorney’s Office 108 East Green Street Ithaca, New York 14850-5690 Re: Time Warner Cable/Comcast Corporation Transaction Dear Mr. Lavine: We are writing in response to the letter we received on May 1, 2014 in connection with the FCC Form 394 (“Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise”) that was filed with the City of Ithaca (“City”) for consent to the transfer of control of the City’s cable system franchisee pursuant to the merger (the “Transaction”) of Time Warner Cable Inc. (“TWC”) and Comcast Corporation (“Comcast”). We understand the importance of the City’s review process, and it is our goal that the process be an efficient and cooperative one. We also appreciate the information you provided regarding the ongoing renewal process with TWC and recognize the complexity of such renewal discussions. We firmly believe, however, that the franchise renewal and our request for consent to the transfer of control of the Franchisee are unrelated. Each is subject to a separate process established by federal laws and regulations. Because each process involves different procedural rules as well as substantive criteria, it would be inappropriate to combine them. In addition, it is neither required nor anticipated that the transfer will impact any ongoing franchise renewal negotiations with the City. At this time, TWC continues to operate independently, and Comcast is generally limited by antitrust laws from involvement in renewal negotiations related to TWC franchises. Accordingly, the Transaction will not impact any renewal negotiations with TWC. Moreover, the Transaction is a parent company merger which will not have any effect on the obligations of the Franchisee under the current franchise or any renewed franchise. After the Transaction, the Franchisee will remain obligated to comply with the terms and conditions of the franchise or any renewed franchise in the same manner as before the Transaction. Thus, if the franchise is not renewed at the time of the Transaction, we fully intend to continue to work with the City toward renewal of the franchise. CA Item #3.7 Mr. Aaron O. Lavine, Esq. City Attorney, City of Ithaca May 9, 2014 Page 2 Without waiving the foregoing, TWC will respond separately to your request to initiate renewal negotiations with the City. We would be happy to meet with you to answer any questions that we can and to facilitate positive dialogue. We will contact you soon to discuss potential dates for such a meeting. All of us at Comcast are excited about the opportunity to serve your community and we look forward to working with you toward a successful Application review process. As always, please feel free to contact me at (215) 286-5585, send an email to klay_fennell@comcast.com, or send a facsimile to (215) 286-8408. Sincerely, Klayton F. Fennell Vice President, Government Affairs CA Item #37 CA Item #3.7 CA I t e m # 3 . 7 4.Finance, Budget, and Appropriations .1 Ithaca Police Department – Request to Amend 2014 IPD Budget WHEREAS, the Ithaca Police Department has received funds through the recycling of brass shell casings recovered from the IPD shooting range, and WHEREAS, the Ithaca Police Department has also received funds through drug seizures, and WHEREAS, the Ithaca Police Department is desirous of utilizing some of these funds ($21,000) to purchase a training structure for the shooting range; now, therefore, be it RESOLVED, That Common Council hereby amends the 2014 Ithaca Police Department Budget as follows: Increase revenue account: A 3120-2770-5017 Miscellaneous Revenue $ 6,000 A 3120-4320-5017 Federal Aid – Crime Control $15,000 Increase expenses: A 3120-5225-5017 Building Other Equipment $21,000 J:\DRedsicker\AGENDAS \City Admin Comm\2014\8-20 CA Agenda.docx 8/20/14 4.Finance, Budget, and Appropriations .2 Ithaca Police Department – Request to Amend 2014 IPD Budget WHEREAS, the Ithaca Police Department (IPD) has had problems with gaps in radio coverage on the first floor of the Ithaca Police Department building, and WHEREAS, these gaps in radio coverage could make it difficult, if not impossible, to make a call to the Dispatch Center in the event of a critical and dangerous situation, and WHEREAS, members of IPD have contacted a radio equipment vendor and a workable solution has been developed that will eliminate these gaps in radio coverage, and WHEREAS, the cost to implement the developed solution is $8,372 which includes the purchase of 4 Radios and the associated installation of said radios; now therefore, be it RESOLVED, That Common Council hereby authorizes the Controller to transfer an amount not to exceed $8,372 from account A1990 unrestricted contingency to account A3120-5225-5014 Police Department – Communications Equipment for the purposes of funding said purchase. 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T get year to th document w partment X repairs then ivered to cou uests Above eir need for t structure to g d finding a ld ith an o e TE’s They he which had to n it uncil the these guide CA Item #7.1 2015 Budget Budget Review Narrative (please limit response to 2 pages only) Department: Prepared by: Key Financial Metrics: FY13 Actual FY14 Approved FY 15 Mayor’s Budget $ change from 2014 to 2015 % Change from 2014 to 2015 Summary of Revenue Sources Summary of Expenditures Departmental FTE Discussion of how proposed departmental budget supports Strategic Themes: Discussion of how any proposed staffing changes will affect your Department (+/‐): Discussion of how proposed Equipment/Administrative and Program changes affect department(+/‐) Discussion of requested changes/alternatives to Mayor’s Proposed 2015 Budget (if any): Appendix A CA Item #7.1 Mayor's Office 2014 Modified 2013 Actual 2015 Mayor ' s Budget $ Change % Change Expenditures Salary and Wages 108,008175,209175,209 0 %0.00 Fringe Benefits 58,48278,68378,683 0 %0.00 Travel and Training 3,2923,5003,500 0 %0.00 Mainentance and Parts 0 0 0 0 %0.00 Utilities and Fuel 1,8682,3002,025-275 %-0.12 Other 11,30112,16010,560-1,600 %-0.13 Contracts 0 900 900 0 %0.00 Debt Service 2,2762,2022,202 0 %0.00 185,227 274,954 273,079Total Expenditures -1,875 %-0.01 185,227274,954273,079-1,875 %-0.01 9 Appendix B CA Item #7.1 Purp Tota Prior Is th Reas Effec Whe pose/Short D al Amount: _ rity: _______ his request M son for Requ ct if not fund ere to budge Funct Req Description: ____________ ___ Maintenance uest: ded: t: ional Unit quests A ___________ _________ of Effort or a Accoun Above ____________ a New Initia nt Pr Mayor ___________ ative? ______ oject Code r’s Bud ____________ ___________ Amo dget ___________ ___________ ount Ty ___________ ____________ ype of Reque ______ ______ est Appendix C CA Item #7.1 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-5690 2015 Budget Schedule Wednesday, October 1st October Council Meeting 6:00 p.m. Mayor - presentation Council Q&A Review of Process Thursday, October 9th General staff input session 7:00 p.m. – 10:00 p.m. Council discussion of budget priorities vs. Mayor’s proposal and discussion of potential amendments Discussion: Government Services Includes: Attorney’s Office, Public Information and Technology, Finance (Chamberlain/Controller), Human Resources, Traffic Violations, Mayor, Council Wednesday, October 15th Public Hearing 6:00 p.m. – 9:00 p.m. Discussion: Public Safety Includes: Fire and Police Departments Thursday, October 16th Discussion: Youth Bureau, GIAC, Community Services 7:00 p.m. – 10:00 p.m. (Southside Community Center, HSC, TCAD, CSI) Planning, Building and Economic Development Monday, October 20th Discussion: DPW, Infrastructure and Transit 6:00 p.m. – 9:00 p.m. Includes: Engineering, Streets & Facilities, Water and Sewer, Ithaca Area Wastewater Treatment Facility, Solid Waste, Sidewalks, Stormwater Wednesday, October 29th Public Hearing 6:00 p.m. – 9:00 p.m. Discussion: Capital Budget Council discussion and vote on proposed amendments Council motion to move budget to 11/13 Wednesday, November 5th Public Hearing 6:00 p.m. Common Council Meeting Thursday, November 13th Final Vote 6:00 p.m. – 9:00 p.m. Special Council Meeting Additional budget discussion, if needed SPT/dr 8/15/14 "An Equal Opportunity Employer with a commitment to workforce diversification."