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Home My WebLink About05-20-15 City Administration Committee Meeting AgendaCA Meeting City Administration Committee DATE: May 20, 2015 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 April 2015 Minutes 1.3 Statements from the Public No 1.4 Statements from Employees No 1.5 Council Response No 2. City Administration, Human Resources, and Policy 2.1 HR – Establishment of Wellness Advisory Yes Leslie Moskowitz, 5 Min Committee Manager of Organizational Development 2.2 Local Law to Establish a Sustainable Energy Yes Kevin Sutherland, Chief of Staff 10 Min Loan Program 2.3 Authorization of Agreement for Sustainable Yes Kevin Sutherland, Chief of Staff 10 Min Energy Loan Program 3. Finance, Budget, and Appropriations 3.1 YB – Request to Amend 2015 Budget Yes Liz Vance, Director 5 Min 3.2 DPW Request to Amend Roster - Fiscal Yes Mike Thorne, Superintendent of PW 10 Min Manager Position 3.3 DPW - Request for Funding for Divestiture of Yes Tom West, Director of Engineering 15 Min Various Portions of Elmira Road Right of Way 3.4 DPW - Request to Fund Stewart Park Buildings Yes Tom West, Director of Engineering 15 Min Priority Plan 3.5 Fire – Request to Establish Capital Project Yes Tom Parsons, Fire Chief 10 Min 3.6 Fire – Request to Amend 2015 Budget Yes Tom Parsons, Fire Chief 10 Min 3.7 Attorney – Request for Permanent Easement Yes Ari Lavine, City Attorney 10 Min for 327 Eddy Street Proposed Encroachment 3.8 DPW - Cayuga Waterfront Trail – Authorization Yes Tim Logue, Traffic Systems Engineer 10 Min of Phase II Master Agreement 3.9 Mayor - Approval of TIGER VII Grant Yes Kevin Sutherland, Chief of Staff 15 Min Application 4. Performance Measures No Kevin Sutherland, Chief of Staff Min Nothing Submitted 5. Common Council 5.1 Rules of Procedures No All 5 Min 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 City Administration Committee Agenda - Continued May 20, 2015 6. Budget Process 6.1 Doodle Poll – Draft Budget Schedule No Kevin Sutherland, Chief of Staff 10 Min 7. Meeting Wrap-up All 5 Min 7.1 Announcements No 7.2 Next Meeting Date: June 17th 7.3 Review Agenda Items for Next Meeting No 7.4 Adjourn Yes (8:35 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 resources. 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. 2. City Administration, Human Resources, and Policy 2.1 HR – Establishment of Wellness Advisory Committee WHEREAS, physical health or wellness is a personal asset that frees one to concentrate on work, family and relationships, and hobbies, and WHEREAS, wellness is a dynamic process of learning new life skills and becoming aware of and making conscious choices toward a balanced and healthy lifestyle, and WHEREAS, wellness cannot be guaranteed by any set of actions, wellness can be improved and increased by personal choices, and WHEREAS, workplace environment, policies, and incentives can support and provide awareness for wellness choices, and WHEREAS, Article 47 of NYS Insurance Law requires and envision a partnership between employer and employees in directing their health insurance, and WHEREAS, employer and employees are collaborating to fund Health Insurance, and WHEREAS, the cost of health insurance and personal time lost in doctor’s offices are both directly reduced when its members are in good health; now, therefore be it RESOLVED, That the City of Ithaca seeks to become an active partner with staff in raising healthy choice awareness, promoting healthy behaviors by providing information and opportunities, and facilitating wellness action steps, and be it further RESOLVED, That the City of Ithaca establishes a Wellness Advisory Committee that shall consist of employee volunteers charged with promoting health and wellness of staff and their family through education and program initiatives that: • Encourage habits of wellness • Increase awareness of factors and resources contributing to well-being • Inspire and empower individuals to take responsibility for their own health • Recommend action steps to create a workplace culture that encourages environmental and social support for healthy lifestyle choices and be it further RESOLVED, That the City of Ithaca’s Human Resources Department oversees the Wellness Advisory Committee and will report progress and activities to the City Administration Committee on a quarterly basis. J:\DRedsicker\AGENDAS\City Admin Comm\2015\5-20 - Agenda.docx 5/20/15 2. City Administration, Human Resources, and Policy 2.2 A Local Law to Establish a Sustainable Energy Loan Program in the City of Ithaca LOCAL LAW NO. – 2015 BE IT ENACTED by the Common Council of the City of Ithaca follows: Section 1. Chapter 4 of the City of Ithaca Municipal Code entitled “Administration of Government” is hereby amended by adding and Article VII entitled “Energize NY Benefit Financing Program,” to read as follows: ARTICLE VII §4-33. Legislative findings, intent and purpose, authority. A. It is the policy of both the City of Ithaca (hereinafter, “City”) and the State of New York to achieve energy efficiency and renewable energy goals, reduce greenhouse gas emissions, mitigate the effect of global climate change, and advance a clean energy economy. The City finds that it can fulfill this policy by providing property assessed clean energy financing to propert y owners for the installation of renewable energy systems and energy efficiency measures. This chapter establishes a program that will allow the Energy Improvement Corporation (“EIC”), a local development corporation, acting on behalf of the City, to make funds available to qualified property owners that will be repaid by such property owners through charges on the real properties benefited by such funds, thereby fulfilling the purposes of this chapter and fulfilling an important public purpose. B. The City is authorized to implement this Energize NY Benefit Financing Program pursuant to Article 5-L of the New York General Municipal Law. C. This chapter shall be known and may be cited as the “Energize NY Benefit Financing Program Law of the City of Ithaca”. §4-34. Definitions For purposes of this Article, and unless otherwise expressly stated or unless the context requires, the following terms shall have the meanings indicated: Authority – The New York State Energy Research and Development Authority, as defined by subdivision two of section eighteen hundred fifty-one of the public authorities law, or its successor. EIC – the Energy Improvement Corporation, a local development corporation, duly organized under section fourteen hundred eleven of the Not-For-Profit Corporation Law, authorized hereby on behalf of the City to implement the Energize NY Benefit Financing Program by providing funds to qualified property owners (as defined in this chapter) and providing for repayment of such funds from monies collected by the City tax collector as a charge to be levied on the real property and collected in the same manner and same form as the City taxes. Energy Audit – A formal evaluation or “assessment” of the energy consumption of a permanent building or structural improvement to real property, conducted by a contractor certified by the J:\DRedsicker\AGENDAS\City Admin Comm\2015\5-20 - Agenda.docx 5/20/15 Authority, or certified by a certifying entity approved by the Authority, for the purpose of identifying appropriate energy efficiency improvements that could be made to the property. Energy Efficiency Improvement – Any renovation or retrofitting of a building to reduce energy consumption, such as window and door replacement, lighting, caulking, weather stripping, air sealing, insulation, and heating and cooling system upgrades, and similar improvements, determined to be cost-effective pursuant to criteria established by the Authority, not including lighting measures or household appliances that are not permanently fixed to real property. Qualified Property Owner – An owner of residential or commercial real property located within the boundaries of the City that is determined to be eligible to participate in the Energize NY Benefit Financing Program under the procedures for eligibility set forth under this chapter. Renewable Energy System – An energy generating system for the generation of electric or thermal energy, to be used primarily at such property, by means of solar thermal, solar photovoltaic, wind, geothermal, anaerobic digester gas-to-electricity systems, fuel cell technologies, or other renewable energy technology approved by the Authority not including the combustion or pyrolysis of solid waste. Renewable Energy System Feasibility Study – A written study, conducted by a contractor certified by the Authority, or certified by a certifying entity approved by the Authority, for the purpose of determining the feasibility of installing a renewable energy system. §4-35. Establishment of an Energize NY Benefit Financing Program A. An Energize NY Benefit Financing Program is hereby established by the City, whereby EIC acting on its behalf, may provide funds to Qualified Property Owners in accordance with the procedures set forth under this chapter, to finance the acquisition, construction and installation of Renewable Energy Systems and Energy Efficiency Improvements and the verification of the installation of such systems and improvements. B. The funds provided shall not exceed the lesser of ten percent of the appraised value of the real property where the Renewable Energy Systems and/or Energy Efficiency Improvements will be located, or the actual cost of installing the Renewable Energy Systems and/or Energy Efficiency Improvements, including the costs of necessary equipment, materials, and labor and the cost of verification of such systems and improvements. §4-36. Procedures for eligibility A. Any property owner in the City may submit application to EIC on such forms as have been prepared by EIC and made available to property owners on the website of EIC and at the City offices. B. Every application submitted by a property owner shall be reviewed by EIC acting on behalf of the City, which shall make a positive or negative determination on such application based upon the criteria for making a financing enumerated in subsection A of section 5 of this chapter. EIC may also request further information from the property owner where necessary to aid in its determination. J:\DRedsicker\AGENDAS\City Admin Comm\2015\5-20 - Agenda.docx 5/20/15 C. If a positive determination on an application is made by EIC acting on behalf of the City, the property owner shall be deemed a Qualified Property Owner and shall be eligible to participate in the Energize NY Benefit Financing Program in accordance with the procedure set forth under section 6 of this chapter; provided that in no case shall a property owner that has received funds from another municipal corporation for the acquisition, construction and installation of Energy Efficiency Improvements and/or Renewable Energy Systems be deemed a Qualified Property Owner. §4-37. Application criteria A. Upon the submission of an application, EIC acting on behalf of the City, shall make a positive or negative determination on such application based upon the following criteria for the making of a financing: 1. The proposed Energy Efficiency Improvements and/or Renewable Energy Systems are determined to be cost effective by the Authority; 2. The proposed Energy Efficiency Improvements and/or Renewable Energy Systems will generate an estimated annual cost savings greater than the annual charge payments; 3. Sufficient funds are available to provide to the property owner; 4. The property owner is current in payments on any existing mortgage; 5. The property owner is current in payments on any existing real property taxes and has been current on real property taxes for the previous three years; and 6. Such additional criteria, not inconsistent with the criteria set forth above, as the City, or EIC acting on its behalf, may set from time to time. §4-38. Opt-in, Energize Finance Agreement A. A Qualified Property Owner may participate in the Energize NY Benefit Financing Program through the execution of an Energize Finance Agreement made by and between the Qualified Property Owner and EIC, acting on the behalf of the City. B. Upon execution of the Energize Finance Agreement, the Qualified Property Owner shall be eligible to receive funds from EIC acting on behalf of the City, for the acquisition, construction, and installation of qualifying Renewable Energy Systems and Energy Efficiency Improvements; provided the requirements of section 7 of this chapter have been met. C. The Energize Finance Agreement shall include the terms and conditions of repayment set forth under section 8 of this chapter. §4-39. Energy audit, renewable energy system feasibility study A. No funds shall be made available for Energy Efficiency Improvements unless determined to be appropriate through an Energy Audit as defined in Section 2. B. No funds shall be made available for a Renewable Energy System unless determined to be feasible through a Renewable Energy System Feasibility Study as defined in Section 2. C. The cost of such Energy Audit and/or Renewable Energy System Feasibility Study shall be borne solely by the property owner but may be included in the financed amount if the work is approved. J:\DRedsicker\AGENDAS\City Admin Comm\2015\5-20 - Agenda.docx 5/20/15 §4-40. Terms and conditions of repayment The Energize Finance Agreement between the Qualified Property Owner and EIC acting on behalf of the City, shall set forth the terms and conditions of repayment in accordance with the following: A. The principal amount of the funds paid to the Qualified Property Owner hereunder, together with the interest thereon, shall be paid by the property owner as a charge on its City tax bill and shall be levied and collected at the same time and in the same manner as City property taxes, provided that such charge shall be separately listed on the tax bill. The City shall make payment to EIC or its designee in the amount of all such separately listed charges within 30 days of the City tax due date. B. The term of such repayment shall be determined at the time the Energize Finance Agreement is executed by the property owner and EIC, provided that in no case shall the term exceed the weighted average of the useful life of the systems and improvements as determined by EIC acting on behalf of the City . C. The rate of interest for the charge shall be fixed by EIC acting on behalf of the City at the time the Energize Finance Agreement is executed by the property owner and EIC. D. The charge shall constitute a lien upon the real property benefited by the Energize NY Benefit Financing Program and shall run with the land. A transferee of title to the benefited real property shall be required to pay any future installments, including interest thereon. §4-41. Verification and report A. EIC shall be responsible for verifying and reporting to the City on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by such program. B. The City shall verify and report on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by the Energize NY Benefit Financing Program in such form and manner as the Authority may establish. Section 2. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 3.This local law shall take effect upon filing with the Secretary of State. J:\DRedsicker\AGENDAS\City Admin Comm\2015\5-20 - Agenda.docx 5/20/15 2. City Administration, Human Resources, and Policy 2.3 Authorizing a Municipal Agreement Between the City of Ithaca and the Energy Improvement Corporation to Implement and Administer a Sustainable Energy Loan Program in the City of Ithaca WHEREAS, by Local Law No. __ of 2015, the City of Ithaca created the Energize NY Benefit Financing Program within the city that utilizes the Energy Investment Corporation (EIC), a local development corporation acting on behalf of the City, to provide property assessed clean energy (PACE) financing to assist qualified property owners undertake energy-efficiency measures and install renewable-energy systems, and WHEREAS, a Municipal Agreement is required to establish the roles, responsibilities, and obligations of the EIC and the City in the administration of the Energize NY Benefit Financing Program; now, therefore, be it RESOLVED, That the Mayor, upon review of the City Attorney, is hereby authorized to enter into a Municipal Agreement with the Energy Improvement Corporation that shall set forth the duties and obligations of each party in connection with the City’s participation in the Energize NY Benefit Financing Program. J:\DRedsicker\AGENDAS\City Admin Comm\2015\5-20 - Agenda.docx 5/20/15 3. Finance, Budget, and Appropriations 3.1 Youth Bureau – Request to Amend 2015 Youth Bureau Budget - YES WHEREAS, the Ithaca Youth Bureau has applied for funding through the Tompkins County Workforce Investment Board and will be receiving $151,558.74 in new funding for the Tompkins Summer Youth Employment Program, and WHEREAS, the goal of this program is to provide short-term subsidized internships for low- income eligible teens needing assistance in securing employment; now, therefore, be it RESOLVED, That Common Council hereby amends the 2015 Youth Bureau budget contingent upon confirmation of funding as follows: Increase anticipated revenue from Tompkins County Workforce Investment Board A7310-4820-1200 Youth Development Administration $1,000.00 A7310-4820-1202 Youth Employment Service $142,845.64 A7310-4820-1400 Administration $7,713.10 Total $151,558.74 Increase expenses: A7310-5460-1202 Program Supplies $1,000.00 A7310-5120-1202 Part time/Seasonal $117,838.25 A7310-5125-1202 Overtime $5,000.00 A7310-5425-1202 Office Supplies $1,125.30 A7310-5445-1202 Travel & Mileage $500.00 A7310-5460-1202 Program Supplies $1,532.00 A7310-5120-1400 Part time/Seasonal $849.00 A7310-5405-1400 Telephone $777.00 A7310-5420-1400 Gas & Oil $500.00 A7310-5425-1400 Office Expense $700.00 A7310-5437-1400 Merchant Service $750.00 A7310-5460-1400 Program Supplies $2,090.00 A7310-5476-1401 Equipment Maintenance $401.00 A7310-5480-1401 Building Maintenance $1,507.20 A7310-9030 FICA/Medicaid $9,465.00 A7310-9040 Workers’ Compensation $523.99 Total $151,558.74 J:\DRedsicker\AGENDAS\City Admin Comm\2015\5-20 - Agenda.docx 5/20/15 Ithaca Youth Bureau 1 James L. Gibbs Drive Ithaca, New York 14850 Phone: (607) 273-8364 Fax: (607) 273-2817 “Building a foundation for a lifetime.” To: City Administration Committee From: Suki Tabor, Deputy Director Liz Vance, Director Re: Youth Bureau Budget Amendment Date: May 15, 2015 We have been advised, by the Tompkins County Workforce Investment Board that we will receive $151,558.74 in funding for Tompkins Summer Youth Employment Program. Although we are awaiting final confirmation, we are pleased that we may be able to offer summer employment to additional teens this summer. We would like to amend the 2015 Youth Bureau budget, contingent upon confirmation of funding, as follows: Increase anticipated revenue from Tompkins County Workforce Investment Board Account # A7310-4820-1200 Youth Development Administration $1,000.00 Account # A7310-4820-1202 Youth Employment Service $142,845.64 Account # A7310-4820-1400 Administration $7,713.10 Total $151,558.74 Increase expenses: Account # A 7310-5460-1200 Program Supplies $1,000.00 Account # A 7310-5120-1202 Part time/Seasonal $117,838.25 Account # A 7310-5125-1202 Overtime $5,000.00 Account # A 7310-5425-1202 Office Supplies $1,125.30 Account # A 7310-5445-1202 Travel & Mileage $500.00 Account # A 7310-5460-1202 Program Supplies $1,532.00 Account # A 7310-5120-1400 Part time/Seasonal $849.00 Account # A 7310-5405-1400 Telephone $777.00 Account # A 7310-5420-1400 Gas & Oil $500.00 Account # A 7310-5425-1400 Office Expense $700.00 Account # A 7310-5437-1400 Merchant Service $750.00 Account # A 7310-5460-1400 Program Supplies $2,090.00 Account # A 7310-5476-1401 Equipment Maintenance $401.00 Account # A 7310-5480-1401 Building Maintenance $1,507.20 YES Fringe Benefits $16,850.09 Admin. Fringe Benefits $138.90 Total $151,558.74 Thank you. “An Equal Opportunity Employer with a commitment to workforce diversification.” 3. Finance, Budget, and Appropriations 3.2 DPW - Request to Amend Roster - Fiscal Manager Position WHEREAS, the Department of Public Works is the largest department in the City of Ithaca, with a complex funding and accounting structure including six (6) funds (General Fund, Water Fund, Sewer Fund, Solid Waste Fund, Sidewalk Fund and Stormwater Fund) and 62 separate accounts throughout its four divisions, and WHEREAS, the Department of Public Works receives various revenue streams from Water and Sewer billings, Streets and Facilities billings, Newman Golf Course, and parking revenues, and from outside sources such as the Consolidated Highway Improvement Program (CHIPS), and WHEREAS, the Department of Public Works is currently supported by one Administrative Coordinator, one Financial Clerk, and two Financial Management Assistants, with one open funded position previously held by a recently retired Financial Management Assistant, and WHEREAS, the Superintendent of Public Works has identified the need for developing consistent financial and accounting procedures within its four divisions for matters concerning billing, budget preparation, cost tracking, cost reporting, payroll, and budget planning, and that this consistency can be achieved through a Fiscal Manager position to supervise existing financial and accounting staff; now therefore be it RESOLVED, That the Personnel Roster of the Department of Public Works be amended as follows: Add: One (1) Fiscal Manager Delete: One (1) Financial Management Assistant and be it further RESOLVED, That the funding for this change shall be derived from existing funds within the Department of Public Works budget. J:\DRedsicker\AGENDAS\City Admin Comm\2015\5-20 - Agenda.docx 5/20/15 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 DEPARTMENT OF PUBLIC WORKS Michael J. Thorne, P.E., Superintendent Telephone: 607/274-6531 Fax: 607/274-6587 TO: Common Council Svante Myrick Steve Thayer FROM: Michael J. Thorne, P.E. Superintendent of Public Works DATE: May 20, 2015 RE: Fiscal Manager Position for Department of Public Works Dear Council Members, A recent employee retirement has opened up a Financial Management Assistant position in our Streets and Facilities division. However, due to the complexity of the Department of Public Works organization, its budget, funding sources, revenue sources, and operating accounts, I would like to replace this position with the higher level position of Fiscal Manager. There are several reasons for this request: The DPW has six funding sources to manage: 1) General Fund, 2) Water Fund, 3) Sewer Fund, 4) Solid Waste Fund, 5) Sidewalk Improvement District Funds, and 6) Stormwater Fund. Most of these funds have special accounting requirements, and are intertwined within the 62 operating accounts that DPW manages. Other than myself, there is no single position within the DPW to oversee our entire financial picture. In addition to the funding sources, the Department has various revenue streams and State funding sources that need to be accounted for, including revenue from departmental billings, Golf Course, parking, and CHIPS funding. Because there is not a single point of contact for financial matters in the Department, there is a lack of consistency in how each division (Streets and Facilities, Water and Sewer, Engineering, and Parking) bills work, prepares budgets, tracks budgets and job costs, and collects cost data for future budget planning. Currently, Water and Sewer (W&S) has three employees that work on financial issues: 1 Administrative Coordinator and 2 Financial Management Assistants. Streets and Facilities (S&F) has 1 Financial Clerk and 1 open Financial Management Assistant. Our current proposal would move 1 Financial Management Assistant from W&S to cover the open position in S&F. The Fiscal Manager would then oversee 1 Administrative Coordinator and 1 Financial “An Equal Opportunity Employer with a commitment to workforce diversification.” Page 2 May 20, 2015 RE: Fiscal Manager Position for DPW Management Assistant in W&S, and 1 Financial Management Assistant and 1 Financial Clerk in S&F. The Fiscal Manager would support the Assistant Superintendents in W&S and S&F, but report directly to the Superintendent of Public Works. Funding for the Fiscal Manager fits into the DPW’s current budget. Our recently retired Financial Management Assistant was paid near the top of the pay grade at approximately $45,000. The entry level salary range for a Fiscal Manager is between $43,000 and $48,000. 3. Finance, Budget, and Appropriations 3.3 DPW - Request for Funding for Divestiture of Various Portions of Elmira Road Right of Way WHEREAS, the right of way along Elmira Road in the City of Ithaca has a very irregular alignment, and WHEREAS, the portions of right of way outside of the area required for public street, tree lawn and sidewalk are currently licensed for use by abutting property owners, and WHEREAS, the Board of Public Works has determined that there is little or no Public Works need for these portions of right of way, and WHEREAS, it is in the interest of both the City and the abutting property owners that those portions of land be conveyed to the abutting owners at a fair market value, and WHEREAS, the transfer of said pieces of land will require additional legal services, updated appraisals and updated surveys with an estimated cost of $52,000, and WHEREAS, the collection of revenue from the transfer of property should exceed the cost of legal services; now, therefore be it RESOLVED, That the Common Council directs staff to investigate a mechanism for transferring said portions of right of way to abutting owners at fair market value, and be it further RESOLVED, That Common Council authorizes expenditure not to exceed $52,000 for legal services, surveys and appraisals in order to conduct such an investigation and conveyance, and be it further RESOLVED, That Common Council hereby amends the 2015 Authorized Budget to account for said revenue and expense related to the divestiture of property as follows: Increase Revenue Account: A0001-2660 Sale of Property $52,000 Increase Appropriations Account: A1440-5435 Engineering Contracts $52,000 J:\DRedsicker\AGENDAS\City Admin Comm\2015\5-20 - Agenda.docx 5/20/15 3. Finance, Budget, and Appropriations 3.4 DPW - Request to Fund Stewart Park Buildings Priority Plan WHEREAS, the Ithaca community values Stewart Park and its buildings as a unique resource worthy of preservation and revitalization, and WHEREAS, a benchmark document summarizing the condition of the various buildings at the park will prove a useful tool for program planning, fund raising and preservation of the Stewart Park buildings, and WHEREAS, the cost for a benchmark document, including material testing is estimated at $40,000, and WHEREAS, programming interests of all stakeholders should be considered during the planning process, and WHEREAS, the Friends of Stewart Park and the City of Ithaca have collaborated in applying for funding for a Tourism Capital Grant for assessment of the buildings and program planning at Stewart Park, and WHEREAS, the Stewart Park Buildings Priority Plan has been awarded a $20,000 Tourism Capital Grant, and WHEREAS, the additional $20,000 needed for the Stewart Park building assessment can be funded from Capital Reserve #11, Parks, which has a current balance of $108,000; now, therefore be it RESOLVED, That Common Council authorizes expenditure not to exceed $40,000 for undertaking a Stewart Park Buildings Priority Plan, and be it further RESOLVED, That Common Council hereby amends the 2015 Authorized Budget to account for the receipt and expense of said tourism Capital Grant as follows: Increase Revenue Account: A7111-2705 Parks and Forestry Gifts/Donations $20,000 Increase Appropriations Account: A7111-5435 Parks and Forestry Contracts $20,000 and, be it further RESOLVED, That Common Council hereby authorizes the additional $20,000 needed for said assessment study be derived from Capital Reserve #11, Parks. J:\DRedsicker\AGENDAS\City Admin Comm\2015\5-20 - Agenda.docx 5/20/15 3. Finance, Budget, and Appropriations 3.5 Fire – Request to Establish Capital Project for Equipment Acquisition WHEREAS, the Ithaca Fire Department has applied for and received notice of award of a grant through the U.S. Department of Homeland Security under the 2014 Assistance to Firefighters Grant Program in the amount of $455,000, and WHEREAS, the grant requires the City to contribute a local cost of $41,363, with the Federal cost share of $413,637, and WHEREAS, the grant will provide funding to purchase 65 Self Contained Breathing Apparatus (SCBA) for the Fire Department, and WHEREAS, the 2015 authorized Fire Department budget included $44,850 for the purchase of SCBA and will be used for the local grant match; now, therefore be it RESOLVED, That Common Council hereby establish Capital Project #819 Fire Department Equipment Acquisition in the amount of $455,000 for the purpose of said SCBA purchase, and be it further RESOLVED, That the sources of funds for said Capital Project shall be: A3410-5225-12250 $41,363 US Department of Homeland Security Assistance to Fire fighters Grant $413,637 $455,000 J:\DRedsicker\AGENDAS\City Admin Comm\2015\5-20 - Agenda.docx 5/20/15 3. Finance, Budget, and Appropriations 3.6 Fire – Request to Amend 2015 Budget for Donation WHEREAS, the Ithaca Fire Department has received an anonymous donation in the amount of $24,000 to be used by the department to purchase a Fire Suppression Skid Unit, and WHEREAS, this firefighting vehicle will be used in various aspects of the department’s operations and has an estimated cost of $27,000, and WHEREAS, the additional funds needed of $3,000 will be derived from existing equipment funds in the Fire Department’s 2015 authorized operating accounts; now, therefore be it RESOLVED, That Common Council hereby accepts the $24,000 anonymous donation and amends the 2015 authorized Fire Department budget for the purchase of said Firefighting vehicle as follows: Increase Revenue Account: A3410-2705 Gifts and Donations $24,000 Increase Appropriation Account: A3410-5225-12250 Other Equipment $24,000 and be it further RESOLVED, That the additional $3,000 needed to purchase the Firefighting vehicle shall be derived from existing equipment funds in the Fire Department’s 2015 authorized budget, and be it further RESOLVED, That Common Council hereby gives a heartfelt Thank You to the anonymous donor for the funds. J:\DRedsicker\AGENDAS\City Admin Comm\2015\5-20 - Agenda.docx 5/20/15 3. Finance, Budget, and Appropriations 3.7 Attorney - Request for Permanent Easement for 327 Eddy Street Proposed Encroachment WHEREAS, Steve Fontana, as representative of the owner of 327 Eddy Street (Tax Map Parcel No. 63.-6-24, Stephen A Fontana Trust owner of record, hereinafter “Applicant”), has requested an encroachment agreement/license from the City into the adjacent Eddy Street right-of-way, and WHEREAS, applicant requests an easement to permit the following encroachment into the City’s right of way: An encroachment extending into the City-owned airspace from the fifth floor of the building located on 327 Eddy Street two feet to the west and extending twelve feet running north and south, parallel to the building face; and WHEREAS, City Code Section 170-5 vests Common Council with the authority to convey a permanent easement across City property, and WHEREAS, the Planning Board has, as part of the site plan review process, expressed its desire that the applicant include the architectural feature that will be enabled by this easement; and WHEREAS, it appears that the proposed encroachment into the City’s airspace will not interfere with the right of way as currently constituted, and WHEREAS, the Superintendent of Public Works does not anticipate any conflicts in the future with public works uses or needs and Board of Public Works by resolution on May 11, 2015, recommended that Common Council authorize granting this easement under the terms described in this resolution; now, therefore be it RESOLVED, That the fee for this permanent easement shall be $3,073.84, based on the Pomeroy appraisal value of $75.77 for one year of use at the current appraisal rate in Collegetown of $2.87 per square foot, calculated out for a thirty year depreciation period and 2% rate of inflation, and be it further RESOLVED, That the Mayor, in consultation with the City Attorney, and upon payment of the fee set forth in this resolution, is hereby authorized to execute all necessary documents to grant the easement requested by applicant and described above. J:\DRedsicker\AGENDAS\City Admin Comm\2015\5-20 - Agenda.docx 5/20/15 "An Equal Opportunity Employer with a commitment to workforce di versification." M E M O R A N D U M To: City Administration Committee From: City Attorney’s Office Date: May 1, 2015 Subject: Request for permanent easement into Eddy Street right of way ________________________________________________________________________ Steve Fontana, as representative of the owner of the property located at 327 Eddy Street, has requested a permanent easement into the City’s air space over the Eddy Street right of way. Mr. Fontana proposes constructing a five story building with a portion bumped-out from the building face on the fifth floor, 24 square feet of such bumped-out portion would be within the City’s air space. A depiction of the fifth floor lay out, and where it encroaches over City air space is attached with this memo and the proposed resolution. Public Works staff and the Board of Public Works have concluded that this proposal would not impede the City’s use or planned use of its right of way. The fee proposed in this resolution, $3,073.84, is based on the Pomeroy appraisal values for Collegetown square footage, which the City uses to assess annual license fees. In collaboration with the Office of the City Controller, we estimated a future value of license payments calculated out for 30 years, the standard depreciation period used by the City for buildings under State Finance Law. To factor in the yearly adjustments the City makes for consumer price index increases on a yearly license fee, we assumed a two percent rate of inflation. 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 Krin Flaherty, Assistant City Attorney Jared Pittman, Assistant City Attorney Jody Andrew, Executive Assistant 3. Finance, Budget, and Appropriations 3.8 Authorization of a New Master Agreement for the Cayuga Waterfront Trail – Phase 2 WHEREAS, a Project for the CAYUGA WATERFRONT TRAIL – PHASE 2, P.I.N. 395047 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, on June 13, 2001, Common Council authorized and established Capital Project #445 (then entitled Cass Park Waterfront Trail) in the amount of $425,000, to design and construct Phase 1 of the Cayuga Waterfront Trail (Phase 1 being a two-mile loop in Cass Park, which has now been completed), and WHEREAS, on April 2, 2003, Common Council approved the funding of Phase 2 of the Cayuga Waterfront Trail, then known as PIN 395024, (which would connect Cass Park to the Farmers Market) from the same Capital Project as Phase 1, authorized the addition of $677,724 to Capital Project #445, for the costs of design, right-of-way acquisition and construction of Phase 2, and authorized the Mayor to execute all necessary agreements or requests for federal funds for Phase 2 (through the Transportation Enhancement Program) and to provide for the administration of Phase 2 and the funding of the local share, and WHEREAS, on September 28, 2004, environmental review of the proposed design for Phase 2 of the Trail was completed, by the City of Ithaca Planning and Development Board, the designated lead agency for such review, and site plan approval for Phase 2 was granted, and WHEREAS, on May 3, 2006, Common Council amended Capital Project #445, by adding $50,000 for a feasibility study of Phase 3 of the Cayuga Waterfront Trail (from the Farmers Market to Stewart Park and the Visitors Center), half of which amount was to be derived from a New York State Environmental Protection Fund grant, and $10,000 of which amount was to be derived from non-City funds to be raised by the Cayuga Trails Initiative, and WHEREAS, on November 1, 2006, Common Council re-approved Phase 2 of the Trail, added $480,000 to Capital Project #445, and authorized the Mayor to execute all necessary agreements or requests for federal funds for the project (through a SAFETEA-LU member item) and to provide for its administration and the funding of the local share (with the understanding that the apportionment of the costs for this portion of the project would be roughly 80% federal and 20% local), and WHEREAS, on June 6, 2007, Common Council again approved the Project, now including Phase 3, subject to environmental review (of that phase), added $720,000 to Capital Project #445 to cover the combined cost of the three phases, and authorized the Mayor to execute all necessary agreements or requests for federal funds for the project and to provide for its administration and the funding of the local share (with the understanding that the apportionment of the costs for this portion of the project will be roughly 80% federal and 20% local), and J:\DRedsicker\AGENDAS\City Admin Comm\2015\5-20 - Agenda.docx 5/20/15 WHEREAS, as part of the 2007 project agreement, the New York State Department of Transportation combined Phase 2 and Phase 3 of the trail into one Project Agreement (PIN 395024) for administrative purposes, and WHEREAS, on May 9, 2009, Common Council passed a resolution approving a Supplemental Agreement for the Trail, amending the administration and management of the project so that the New York State Department of Transportation would be responsible for the Right-of-Way acquisition for Phase 2 of the Cayuga Waterfront Trail, and WHEREAS, the City of Ithaca Planning & Development Board, acting as lead agent for environmental review of Phase 3 of the Trail, voted on July 28, 2009, to determine that Phase 3 of the project would have no significant impact on the environment and that a Negative Declaration be filed in accordance with the State Environmental Quality Review Act and the City’s Environmental Quality Review Ordinance, and WHEREAS, as part of the 2010 City Capital Budget, Common Council approved additional funding for Capital Project #445 in the amount of $215,000, with the intent that it would be a match for additional federal funding being sought at that time, and WHEREAS, in the summer of 2010, Phase 3 of the trail was constructed by contract, and WHEREAS, on October 6, 2010, Common Council passed a resolution approving a Supplemental Agreement for the Project, added $857,000 to Capital Project #445, to be matched by funds in the 2010 approved Capital Budget, with the understanding that the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, on March 6, 2012, at the request of the New York State Department of Transportation, and through an action of the Ithaca-Tompkins County Transportation Council, Phase 2 and Phase 3 of the Project were separated into two projects again for administrative purposes, specifically to address administration of Right of Way Acquisition; at that meeting Phase 3 was given PIN 395024 and a new PIN was created for Phase 2, PIN 395047, and WHEREAS, as part of the 2014 City Capital Budget, Common Council approved additional funding for Capital Project #445 in the amount of $300,000, but did not authorize funding in the first instance for the federal share of funding approved at the Ithaca-Tompkins County Transportation Council on June 18, 2013 in the amount of $752,400 and WHEREAS, in 2015, the New York State Department of Transportation provided two new Master Agreements for the Project for the City to review and approve: one agreement for the final design, construction and construction inspection of Phase 2, D034161, with a total authorization of $2,487,524; and one agreement for the Right-of-Way Incidentals and Acquisition of Phase 2, , D034163, with a total authorization of $510,500 (with the understanding that the apportionment of the costs for these portions of the project would be 80% federal and 20% local), and WHEREAS, the City of Ithaca desires to be reimbursed for the federal share of the remaining phase of the Cayuga Waterfront Trail project (i.e., Phase 2); now, therefore, be it J:\DRedsicker\AGENDAS\City Admin Comm\2015\5-20 - Agenda.docx 5/20/15 RESOLVED, That the Common Council hereby re-approves of the above-subject Project, and be it further RESOLVED, That the Common Council hereby re-authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of Design, Right-of-Way, Construction, Construction Inspection and Supervision work for the Project or portions thereof, and it is further RESOLVED, That Common Council hereby amends Capital Project # 445, Cayuga Waterfront Trail (formerly known as Cass Park trail) in the amount of $752,400, with the understanding that this represents a portion of the federal share and will be fully reimbursed to the City, for a total project cost of $4,385,956.37, which represents Phase 1, Phase 2, and Phase 3 of the three-phase project, and it is further RESOLVED, That the sum of $752,400 is hereby appropriated from the issuance of serial bonds, for a total authorization of $4,385,956.37, and made available to cover the cost of participation in the above phase of the Project, and it is further RESOLVED, That as noted in the abovementioned authorizations, the total project authorization is $4,385,956.37, and shall be made available to cover the cost of participation in the above phases of the Project, and it is further RESOLVED, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and it is further RESOLVED, That the Mayor of the City of Ithaca, upon consultation with the City Attorney and other involved staff, be and is hereby authorized to execute new Master Agreements for the Cayuga Waterfront Trail – Phase 2, including one for Design, Construction and Construction Inspection; and one for Right of Way Incidentals and Acquisitions, and be it further RESOLVED, That the Mayor be and is hereby authorized to execute all other necessary agreements, certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca, with the New York State Department of Transportation, in connection with the advancement or approval of Phase 2 or Phase 3 of the Project, and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid-eligible Project costs and all other Project costs within the appropriations therefore that are not so eligible, and be it further RESOLVED, That except as explicitly amended in this resolution, Common Council’s previous resolutions concerning the Project, as referenced above, still remain in full force and effect, and be it further RESOLVED, That the City Clerk be and hereby is authorized and directed to file a certified copy of this resolution with the New York State Commissioner of Transportation, by attaching it to any necessary, agreements in connection with the Project, and be it further J:\DRedsicker\AGENDAS\City Admin Comm\2015\5-20 - Agenda.docx 5/20/15 RESOLVED, That this resolution shall take effect immediately. J:\DRedsicker\AGENDAS\City Admin Comm\2015\5-20 - Agenda.docx 5/20/15 3. Finance, Budget, and Appropriations 3.9 Mayor’s Office – Request to Approve Funding Match for TIGER VII (Transportation Investment Generating Economic Recovery) Grant Application WHEREAS, the United States Department of Transportation (USDOT) has announced the availability of 500 million dollars in the Transportation Investment Generating Economic Recovery (TIGER) 2015 Discretionary Grants (TIGER FY 2015) program, which notice was published in the Federal Register on April 03, 2015, and WHEREAS, in 2012, City staff identified the Intermodal Transportation Hub - Accelerating Community Access (ITH-ACA) project, which included a complete reconstruction of the Ithaca Commons as the major intermodal transportation hub in the area, and WHEREAS, in 2012 the City applied for and was successful in obtaining a Federal Transit Agency State of Good Repair grant, in the amount of 4.5 million dollars, and a New York State Empire State Development Grant in the amount of 1.8 million dollars, to begin Phase 1 of the ITH-ACA project, and WHEREAS, the City is currently undertaking Phase I Commons reconstruction, and is continuing to develop plans for subsequent phases of the ITH-ACA project in order to enhance the transit network, improve interconnectivity between the downtown transit hub and Cornell, the region’s major educational and employment center, as well as facilitate economic development, improve public transit reliability, and make transportation more accessible for all economic classes, and WHEREAS, the City is interested in applying for a TIGER FY 2015 grant in order to obtain funding for the second phase of the ITH-ACA project, and WHEREAS, City Planning and Engineering staff are preparing an application that will include, but not be limited to, the following components: • Upgrades to the public transit network that include intelligent transportation system (ITS) upgrades which would allow for remote real-time transit information, and • A complete reconstruction of College Avenue and Cayuga Street, including, wider sidewalks, enhanced opportunities for outdoor commerce, and safer transit routes that reduce conflicts of parked vehicles and bus and vehicular traffic, and • Enhancements to the Transit Network, including new bus shelters at the Albany Street and State Street Stations, queue jumping, signal preemption, upgrades to buses, and signals that allow for more reliable bus route times, and • A complete reconstruction of the major transit routes along the Stewart Avenue Corridor and Albany Street. WHEREAS, the Phase II components of the ITH-ACA project are expected to represent a large investment in the transportation system that will help maintain a state of good repair for major transit routes, enhance pedestrian networks, increase livability and sustainability, encourage and support economic growth and activity, and improve and enhance connectivity between downtown and Cornell University, and WHEREAS, State of New York and City of Ithaca environmental quality review laws and regulations define as “Type II” (i.e., exempt from environmental review) actions that involve “conducting concurrent environmental, engineering, economic, feasibility and other studies and J:\DRedsicker\AGENDAS\City Admin Comm\2015\5-20 - Agenda.docx 5/20/15 preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action”; now, therefore, be it RESOLVED, That, as a preliminary step intended to determine the economic feasibility of transportation improvements, including those listed above, the Mayor of the City of Ithaca, or his designee, is hereby authorized to submit a TIGER FY 2015 application for funding to the United States Department of Transportation in accordance with the provisions of the Notice of Funds Available, and be it further RESOLVED, That, upon approval of such request, the City shall conduct environmental review as required, for the projects proposed to be undertaken pursuant to the TIGER FY 2015 grant, and be it further RESOLVED, That, upon approval of said TIGER FY 2015 grant to the City, or any portion thereof, and upon completion of all necessary environmental review of the components of said project and approval of the same by Common Council, the Mayor, or his designee, is hereby authorized to enter into and execute a project agreement with the USDOT, or its designee, for the construction, and construction inspection of the TIGER FY 2015 application as submitted by the Mayor, approved by the USDOT, and as approved and/or modified by environmental review and any other applicable City of Ithaca review process, and be it further, RESOLVED, That Common Council hereby confirms its intention to commit funds in an amount not to exceed $2,500,000 (to be derived from serial bonds), contingent upon an award of funds from the TIGER FY 2015 program and completion of environmental review. J:\DRedsicker\AGENDAS\City Admin Comm\2015\5-20 - Agenda.docx 5/20/15 October 2015 ◄ Sep 2015 ~ October 2015 ~ Nov 2015 ► Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 Budget meeting 7pm (10) 6 7 8 (8) for 7pm 9 10 11 12 13 Budget meeting 7pm (9) 14 15 16 17 18 19 Budget meeting 7pm (9) 20 21 City Admin meeting 22 Budget meeting 7pm (10) 23 24 25 26 27 Budget meeting 7pm (10) 28 Budget meeting 7pm (10) 29 Budget meeting 7pm (10) 30 31 November 2015 ◄ Oct 2015 ~ November 2015 ~ Dec 2015 ► Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 Budget meeting 7pm (9) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Notes: