HomeMy WebLinkAbout08-19-15 City Administration Committee Meeting AgendaCA Meeting
City Administration Committee
DATE: August 19, 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 July 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 Amendment to PB&ED Roster Yes JoAnn Cornish, Director of PB&ED 10 Min
2.2 HR – Reassignment of Bargaining Unit Yes Valerie Saul, HR Deputy Director 10 Min
2.3 IURA - Authorization to Enter Into Agreement Yes Nels Bohn, Director of IURA 15 min
With Tompkins County and Cornell University
to Continue the Housing Fund Program for an
Additional Six Years – Dec. of Lead Agency
2.4 Agreement with TC and CU – Enviro. Review Yes 15 Min
2.5 Agreement with TC and CU – Action Yes 15 Min
2.6 Attorney – Temporary Suspension of Rights Yes 15 Min
2.7 Approval of New Bus Service in the City Yes
Nels Bohn, Director of IURA
Nels Bohn, Director of IURA
Ari Lavine, City Attorney
Kevin Sutherland, Chief of Staff 15 Min
3.Finance, Budget, and Appropriations
3.1 Confirmation of SID Budget and Schedule Yes Eric Hathaway, Sidewalk Prog. Manager 20 Min
of Work for 2016
3.2 PB&ED – Request to Amend Budget Yes Megan Wilson, Senior Planner 10 Min
4.Performance Measures No Kevin Sutherland, Chief of Staff
Nothing Submitted
5.Common Council
6.Budget Update
7.Meeting Wrap-up All 5 Min
7.1 Announcements No
7.2 Next Meeting Date: September 16th
7.3 Review Agenda Items for Next Meeting No
7.4 Adjourn Yes
(8:25 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 Amendment to Planning, Building and Economic Development Roster
WHEREAS, on December 31, 2014, the Office Assistant position in the Building Division
became vacant due to a retirement, and
WHEREAS, support staff in the Planning Division, along with the Building Division
Receptionist, have been managing the work in absence of the Office Assistant, and
WHEREAS, the current Receptionist, has been performing work that is qualified under the Civil
Service Job Description, as an upgrade to Permit Clerk; now, therefore be it
RESOLVED, That the Personnel Roster of the Department of Planning, Building, Zoning, and
Economic Development is amended as follows:
Add: One (1) Permit Clerk (40 hours) – Grade 6
Delete: One (1) Receptionist (40 hours) – Grade 2
and be it further
RESOLVED, That funding for this roster change shall be derived from within the Department
of Planning, Building and Development’s existing budget.
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2. City Administration, Human Resources, and Policy
2.2 HR - Reassignment of Bargaining Unit – Recreation Maintenance Supervisor
WHEREAS, the position of Recreation Maintenance Supervisor no longer meets the overtime
exemption criteria of the federal Fair Labor Standards Act, and
WHEREAS, the Recreation Maintenance Supervisor position is currently assigned to the
overtime-exempt Executive Association, but has a greater community of interest with the
overtime-eligible CSEA DPW Unit; now, therefore be it
RESOLVED, That the position of Recreation Maintenance Supervisor be and hereby is removed
from the Executive Association, and be it further
RESOLVED, That the position of Recreation Maintenance Supervisor be and hereby is assigned
to the CSEA DPW Unit at salary grade 9, and be it further
RESOLVED, That the increased costs associated with this reassignment shall be absorbed
within the existing Youth Bureau budget.
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2. City Administration, Human Resources, and Policy
2.3 Authorization to Enter Into Agreement with Tompkins County and Cornell University
to Continue the Housing Fund Program for an Additional Six Years – Declaration of Lead
Agency
WHEREAS, the State Environmental Quality Review Act (“SEQRA”) and Chapter 176 of the
City Code, the City Environmental Quality Review Ordinance (“CEQRO”), require that a lead
agency be established for conducting environmental review of any action subject to such review,
in accordance with state and local environmental law, and
WHEREAS, SEQRA specifies that the lead agency shall be that agency which has primary
responsibility for approving, funding or carrying out the proposed action, and
WHEREAS, the proposed action is execution of a Memorandum of Understanding (“MOU”)
among and between Tompkins County, the City of Ithaca and Cornell University to continue the
Housing Fund program to increase the supply of affordable housing, and the commitment of
funding under the MOU, which is an “Unlisted” Action pursuant to CEQRO, thereby requiring
environmental review; and
WHEREAS, Tompkins County has conducted a separate environmental review on their
authorization to execute the proposed MOU, and
WHEREAS, no other agency has jurisdiction to fund, approve or undertake the action; now,
therefore, be it
RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself as lead
agency for the environmental review of this proposed action.
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2. City Administration, Human Resources, and Policy
2.4 Authorization to Enter Into Agreement with Tompkins County and Cornell University
to Continue the Housing Fund Program for an Additional Six Years – Environmental
Review
WHEREAS, the Common Council is considering execution of a Memorandum of Understanding
(“MOU”) among and between Tompkins County, the City of Ithaca and Cornell University to
continue the Housing Fund program to increase the supply of affordable housing, and the
commitment of funding under the MOU, and
WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the
environmental review of this proposed action, and
WHEREAS, the proposed action is categorized as an “Unlisted” action under the City
Environmental Quality Review Ordinance (CEQRO), and
WHEREAS, each housing project assisted through the Housing Fund program will undergo a
separate environmental review as a condition of receipt of financial assistance, 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,
prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it
RESOLVED, that the City of Ithaca Common Council hereby determines that the proposed
action 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.
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2. City Administration, Human Resources, and Policy
2.5 Authorization to Enter Into Agreement with Tompkins County and Cornell University
to Continue the Housing Fund Program for an Additional Six Years - Action
WHEREAS, on April 1, 2009, the Common Council authorized the Mayor to execute a
Memorandum of Understanding (MOU) among and between the City of Ithaca, Tompkins
County and Cornell University to establish the Housing Fund to provide financial assistance for
the creation of affordable housing units as recommended in the Common Council-endorsed 2007
Housing Strategy for Tompkins County (Housing Strategy), and
WHEREAS, the Housing Strategy recommended implementation of the following initiatives to
produce new housing for lower and middle income households in close proximity to services,
jobs and transit:
1. Inclusionary and incentive zoning
2. Community housing trust fund
3. Employer assistance
4. Housing affordability fund, and
WHEREAS, per the 2009 MOU, the parties agreed to the following minimum funding
contributions over six years:
$1,200,000 Cornell University
$600,000 Tompkins County
$600,000 City of Ithaca
$2,400,000 Total, and
WHEREAS, over the first six years of the program, 124 affordable housing units have been
constructed and an additional 80 housing units have been awarded competitive funding and are
expected to be constructed, and
WHEREAS, Ithaca continues to experience a severe housing affordability problem where 56%
of all renter households, and 21% of homeowner households, are financially stressed by paying
more than 30% of income for housing, and
WHEREAS, the 2009 MOU expires in 2015 and the program will terminate without renewed
funding commitments, and
WHEREAS, the Housing Fund is managed by the Program Oversight Committee made up of
three representatives from each signatory, and
WHEREAS, the Program Oversight Committee recommends continuation of the program, and
Whereas, Tompkins County and Cornell University have indicated they are committed to
continue to fund and participate in the program for an additional six-year terms, contingent upon
City of Ithaca participation, and
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WHEREAS, a new 2015 MOU has been developed whereby Tompkins County, the City of
Ithaca and Cornell University would fund the program an additional six years at the original
minimum funding levels contained in the 2009 MOU, and
WHEREAS, the 2015 MOU changes the program’s name to the “Community Housing
Development Fund” from the “Housing Fund” to clarify its purpose, and
WHEREAS, the City’s 2015 contribution of $100,000 to the Community Housing Development
Funds was authorized as a capital project in the FY2015 City of Ithaca budget, and
WHEREAS, environmental review of this matter has been has been completed, and
WHEREAS, the City Administration Committee reviewed this matter at their August 19, 2015
meeting and recommend the following; now, therefore, be it
RESOLVED, The Mayor is hereby authorized, subject to review by the City Attorney, to
execute the 2015 Memorandum of Understanding with regard to the Community Housing
Development Fund among and between the City of Ithaca, the County of Tompkins and Cornell
University, and be it further
RESOLVED, That upon full execution of the MOU, the City’s annual funding commitment
under the MOU will be derived from an annual appropriation included the municipal budget
and/or from authorization of a capital project(s), as determined by Common Council, and be it
further
RESOLVED, The Mayor is authorized to accept any revisions to the 2015 MOU that do not
substantially or materially alter its intent or substance, and
RESOLVED, That any funding award of City of Ithaca funds provided pursuant to the MOU for
a specific housing project shall be separately approved by the Common Council prior to
disbursement from the Community Housing Development Fund.
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REDLINE COMPARING PROPOSED 2015 MOU TO 2009 MOU
MEMORANDUM OF UNDERSTANDING AMONG THE COUNTY OF TOMPKINS, THE CITY
OF ITHACA, AND CORNELL UNIVERSITY WITH REGARD TO THE COMMUNITY
HOUSING DEVELOPMENT AFFORDABILITY PROGRAM AND THE COMMUNITY
HOUSING TRUST PROGRAM OF THE HOUSING FUND
WHEREAS, the signatories of this Memorandum of Understanding (MOU) established the Tompkins
County Housing Fund in 2009 and have successfully administered it through 2015, assisting the
construction of 124 affordable housing units to date and with an additional 80 units expected to proceed to
construction, and
WHEREAS, the signatories wish to further develop and administerthis program as the Housing
FundCommunity Housing Development Fund (“the Fund”) to be used to meet affordable housing needs
throughout Tompkins County, the goal of the Housing Fund being to assist communities, and
organizations, and housing developers throughout Tompkins County to respond to the diverse affordable
housing needs of its residents, and
WHEREAS, the signatories recognize the value of producing and retaining mixed-income housing that is
available to a diversity of residents with a range of incomes, and that mixed-income housing projects that
include affordable units should be encouraged and eligible for program assistance, particularly to support
projects complying with local inclusionary zoning ordinances,
WHEREAS, the community has developed the Community Housing Collaborative, which outlines a
series of housing programs that can be implemented through a collaborative effort between Cornell
University and the Tompkins County community to implement the Housing Strategy for Tompkins
County, which seeks to produce a substantial amount of new housing for lower- and middle-income
families in conformance with adopted municipal comprehensive plans and strategic plans, and
WHEREAS, in establishing administering the Community Housing Development Fund, the signatories
recognize the benefits of providing funds to experienced for-profit and not-for-profit developers for pre-
development costs through the Community Housing Affordability Program; and funding through the
Community Housing Trust Program for the cost of land and other costs associated with the development,
rehabilitation, and retention of affordable housing units, provided that the housing units assisted
developed with those funds on that land remain permanently affordable for those earning up to
Income80% of Area Median Income (AMI) or up to 120% of AMI provided a project also contains a
significant proportion of housing units for households earning 80% or less of AMI, through the
Community Housing Trust, or such other program or entity meeting the housing initiative objectives as
approved by the signatories, and
WHEREAS, the signatories further recognize that the understanding of the challenges to affordable
housing development and preservation, and best practices to improve and expand the supply of affordable
housing, continue to evolve as both Tompkins County and communities throughout the nation continue to
face complex and persistent affordable housing challenges,
NOW, THEREFORE, the signatories agree as follows:
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A. The signatories are the COUNTY OF TOMPKINS (hereinafter “County”), the CITY OF ITHACA
(hereinafter “City”), and CORNELL UNIVERSITY (hereinafter “Cornell”), with all signatories
hereinafter jointly referred to as “the participating entities”.
B. The Community Housing Development Fund Housing Fund consists of related programs, the
Community Housing Affordability Program and the Community Housing Trust Program. The
Community Housing Affordability Program is a locally funded and administered program that assists
with the pre-development costs associated with residential and mixed-use real estate development
projects. The Community Housing Trust ProgramFund is designed intended to ensure that newly
constructed or rehabilitated homes, as well as existing affordable housing units, remain permanently
affordable to future generations of renters and buyers.. Permanent affordability is retained by
separating the ownership of the land from the ownership of the dwelling unit, whereby only the
dwelling unit is purchased by the homebuyers, and by restricting the amount of equity that a
homeowner can take from the house upon sale.
C. AIn accordance with the objectives set forth in the whereas clauses above, aA Notice of Funding
Availability (NOFA) has beenwill be drafted for each funding round released under the Community
Housing Development Fund to describe available funding opportunities through the and application
procedures. Community Housing Affordability Program and the Community Housing Trust Program,
hereinafter referred to as the “Programs.” Applicants for funding consideration will be required to
submit detailed evidence of their qualifications and capabilities in completing similar projects and
successfully delivering new or adaptive-reuse housing, or preserving existing affordable units from
awarded funds that conform to the affordability objectives described in the Notice of Funding
Availability. Funds shall be awarded as described below in Section G. Applicants will be required to
comply with certain measurements and performance criteria intended to ensure that disbursed funds
fulfill the objectives set forth by the signatories.
D. The participating entities shall form a Program Oversight Committee made up of three representatives
appointed by each signatory to this Memorandum of Understanding, for a total of nine members. It is
suggested that at least one representative be a member of the elected body or senior administration of
each signatory. The remaining City and County seats should include an appointedbe drawn from
community members with relevant expertise such as those representing a financial institution with
housing lending experience; a real estate development firm or organization; a representative from an
economic development firm or organization or in the case of Cornell University, a Cornell
representative with housing lending, real estate, or economic development experience. Each
participating entity shall appoint one alternate member, and Each participating entity may also appoint
one staff member as an ex-officio non-voting member.
E. The Program Oversight Committee will be responsible for (1) administering the Programs Fund
(including but not limited to finalizing and administering the NOFA document and process) with
assistance from staff of the Tompkins County Planning Department; (2) appointing members to and
reviewing recommendations from the Application Review Committee; and (3) making final funding
recommendations to the participating entities. In addition, the Program Oversight Committee will be
responsible for (4) monitoring the use of funds, (565) overseeing the funds any additional entities may
choose to contribute, recommending the conditions for the repayment of loans; (6) facilitating the
formal agreement between the granting entities and the funding recipient, and (76) developing a
template agreement to be used by participating entities for funding of applicants approved by the
Program Oversight Committee.identifying and proposing other opportunities to advance affordable
housing within Tompkins County, subject to the approval of the participating entities.
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F. Each participating entity shall have representation on the Application Review Committee. An
Application Review Committee shall consist of members appointed by the Program Oversight
Committee to evaluate and rate applications for funding and provide recommendations to the Program
Oversight Committee on such funding applications. The Application Review Committee members
should may include an appointed member representing housing professionals from outside the County
and should include appointed local professionals with experience in relevant fields such as real estate
development, housing, the building industry, planning, sustainable development, human service
needs, or real estate finance.
G. Participating entities agree to enter into the MOU with the understanding that funds will be provided
based on the recommendations of the Program Oversight Committee, and to enter into grant
agreements with funding recipients in a timely fashion. However, notwithstanding the above, each
participating entity shall have the right to decline use of its own funds for an application
recommended for approval by the Program Oversight Committee that does not, at its sole discretion,
match its housing initiative priorities. In recognition that City residents pay property taxes to the
County, the County agrees not to decline an application for funding solely because the housing project
is located within the City, to the extent permitted by applicable laws and regulations governing use of
County funds paid toward the funding of the NOFA. The decision of the participating entity to decline
support of a project cannot be overruled by the Program Oversight Committee.
H. Each participating entity shall contribute funds in the amounts specified below to be used to capitalize
the Community Housing Development FundHousing Fund. Each participating entity will have
custody of and manage its individual contributions, at its own expense.
Table 1: Sources of Funds for the NOFA.
Term of MOU Tompkins County City of Ithaca Cornell
University Total
Year 1 $100,000 $100,000 $200,000 $400,000
Year 2 $100,000 $100,000 $200,000 $400,000
Year 3 $100,000 $100,000 $200,000 $400,000
Year 4 $100,000 $100,000 $200,000 $400,000
Year 5 $100,000 $100,000 $200,000 $400,000
Year 6 $100,000 $100,000 $200,000 $400,000
Total Contribution $600,000 $600,000 $1,200,000 $2,400,000
I. The COUNTY agrees to:
1. Contribute $600,000 ($100,000 annually per Table 1 during the term of the MOU) toward the
funding of the NOFA and any affordable housing relkated efforts approved by the
participating entities.
2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability
(NOFA) consistent with the scope of funding described in the relevant portions of the
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Community Housing Collaborative (Attachment 1) and the Cornell Housing Initiative
(Attachment 2).
3. Make such contribution on the condition that all disbursements of funding made from its
contributions are used on proposed housing projects or related efforts approved by the
participating entities, consistent with the municipal program requirements for the sources of
funding and the relevant portions of the Community Housing Collaborative (Attachment 1).
4. Participate on the Program Oversight Committee throughout the NOFA process.
4.5.Provide assistance from staff of the Tompkins County Planning Department to support the
administration of the Fund.
6. Provide assistance from staff of the Tompkins County Planning Department to support the
Program Oversight Committee and the Applications Review Committee.
5.7.Enter into an agreements for disbursement of funds to approved grant recipients based upon
the template developed by the Program Oversight Committee, and provide a copy of all such
funding agreements to the Program Oversight Committee.
6.8.Track County funds and matching funds all funds contributed to the Community Housing
Development Fund, invoice participating entities for the funds awarded from their
contributions to particular proposals, and disburse the funding awards as appropriate for
proposal(s) receiving Countyawarded funding.
9. Account on a quarterly regular basis to the other participating entities for disbursement of
funds for the NOFAfrom the Community Housing Development Fund.
7.10. Determine a process by which the COUNTY will determine whether or not it grants
approval of using the Community Housing Development Fund to support additional affordable
housing-related activities suggested by the Program Oversight Committee. No COUNTY
contributions to the Fund will be used for these additional activities without COUNTY
approval.
J. The CITY agrees to:
1. Contribute $600,000 ($100,000 annually per Table 1 during the term of the MOU) toward the
funding of the NOFA.
2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability
(NOFA) consistent with the scope of funding described in the relevant portions of the
Community Housing Collaborative (Attachment 1) and the Cornell Housing Initiative
(Attachment 2).
3. Make such contribution on the condition that all disbursements of funding made from its
contributions are used on proposed housing projects or related efforts approved by the
participating entities, consistent with the municipal program requirements for the sources of
funding and the relevant portions of the Community Housing Collaborative (Attachment 1).
4. Participate on the Program Oversight Committee throughout the NOFA process.
5. Enter into an fiscal agreement(s) with the COUNTY and make funds available for
disbursement of funds to approved grant recipients receiving support from the City’s
contribution to the Fund based upon the template developed by the Program Oversight
Committee, and provide a copy of all such funding agreements to the Program Oversight
Committee.
6. Track City funds and matching funds and disburse the funding awards as appropriate for
proposal(s) receiving City fundingcommitted to the Community Housing Development Fund.
6.7.Determine a process by which the CITY will determine whether or not it grants approval of
using the Community Housing Development Fund to support additional affordable housing-
related activities suggested by the Program Oversight Committee. No CITY contributions to
the Fund will be used for these additional activities without CITY approval.
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K. CORNELL agrees to:
1. Contribute $1,200,000 ($200,000 annually per Table 1 during the term of the MOU) toward
the funding of the NOFA.
2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability
(NOFA) consistent with Cornell University’s workforce development and housing goalsthe
scope of funding described in the Cornell Housing Initiative (Attachment 2) and the relevant
portions of the Community Housing Collaborative (Attachment 1).
3. Make such contribution on the condition all disbursements of funding made from its
contributions are used on proposed housing projects or related efforts approved by the
participating entities, consistent with the Cornell University’s workforce development and
housing goals.Housing Initiative (Attachment 2) and the relevant portions of the Community
Housing Collaborative (Attachment 1).
4. Participate on the Program Oversight Committee throughout the NOFA process.
5. Enter into an agreement for disbursement of funds to approved grant recipients based upon the
template developed by the Program Oversight Committee, and provide a copy of all such
funding agreements to the Program Oversight CommitteeMake funds available for
disbursement to approved recipients receiving support from Cornell’s contribution to the Fund.
6. Track Cornell funds and matching funds and disburse the funding awards as appropriate for
proposal(s) receiving Cornell fundingcommitted to the Community Housing Development
Fund.
6.7.Determine a process by which the Cornell will determine whether or not it grants approval of
using the Community Housing Development Fund to support additional affordable housing-
related activities suggested by the Program Oversight Committee. No CORNELL
contributions to the Fund will be used for these additional activities without CORNELL
approval.
L. Additional municipalities, major employers, charitable foundations, or private entities are encouraged
to contribute funding to the Community Housing Development FundHousing Fund. It is the
responsibility of the Program Oversight Committee to oversee the contributions of additional entities.
The Program Oversight Committee may accept or reject contributions at its sole discretion. The
Program Oversight Committee will at its sole discretion determine how funds from additional entities
are to be disbursed. In the event an additional municipality, major employer or charitable foundation
who commits to contribute funding also seeks representation on the Program Oversight Committee,
such representation shall be permitted as follows:
1. A contribution of $50,000 or more to the Community Housing Development Fund Housing
Fund by an interested municipality, major employer or charitable foundation will make it
eligible to appoint one associate member to the Program Oversight Committee for the program
year in which the contribution is made. Associate members will not have voting privileges ,
and their participation on the Program Oversight Committee will be limited to the discussions
regarding the use of their contribution to fund specific projects.but will not be counted towards
quorum.
2. The contributors will agree to disburse funding awards for proposal(s) receiving funding as
directed by the Program Oversight Committee.
M. Funds not expended in one year by any of the participating entities will be rolled over to the following
year and will be available in addition to the participating entity’s annual contribution.
N. This MOU shall be effective upon execution by all the participating entities and shall have a term of
six-years or until such time as funds encumbered by each of the participating entities for the
Community Housing Development Fund are committed and fully expended, whichever is later.
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O. Each participating entity may terminate this MOU for any reason upon thirty (30) days written notice
to the other participating entities. Upon termination, the terminating entity shall honor the funding
obligations from in any agreements made by it with funding recipients prior to the date of termination,
but shall have no further obligations under the MOU. Any contributions committed to the Community
Housing Development Fund by the terminating entity for the year within which the written notice of
termination was issued will remain available for use on Community Housing Development Fund
projects.
P. Modification: This Memorandum of Understanding may be modified at any time by mutual
agreement of all three signatories.
P.Q. The Program Oversight Committee will review the Notice of Funding Availability, Program
Oversight Committee bylaws, and the Memorandum of Understanding every two years.as needed.
When the POC has discussed a particular programmatic change, final approval of language can be
obtained by email with all committee members. If an objection is raised by any voting member within
10 business days, said change must be brought to the next Program Oversight Committee meeting for
a final decision. Should no objections be raised within 10 business days, the change will take effect.
Q.R. To the extent permitted by law, each participating entity hereby agrees to indemnify, hold
harmless and defend the other participating entities and their respective officers, employees, agents
and elected officials from and against any and all claims and actions brought against the other
participating entities and their respective officers, employees, agents or elected officials, for injury or
death to any person or persons, or for damage to property, arising out of the performance of this
Memorandum of Understanding by the participating entity, its employees, subcontractors, or agents.
R.S. Participating entities will not discriminate against any employee, applicant for employment, sub-
contractor, supplier of materials or services, or program participant because of actual or perceived:
age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status,
marital status, national origin, race, religion, sexual orientation, socio-economic status, or weight.
S.T. The Program Oversight Committee shall adopt, by agreement of at least seven committee
members, initial operating rulesbylaws that minimally define a quorum as 6 members including at
least 2 voting members from each participating entity, and specify the minimum number of votes
required to take action. Amendments to the operating rulesbylaws shall require agreement of at least
seven duly appointed committee members.
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Tompkins County
Name: _________________________________________
Title: __________________________________________
Signature: ______________________________________
Date: __________________________________________
City of Ithaca
Name: _________________________________________
Title: __________________________________________
Signature: ______________________________________
Date: __________________________________________
Cornell University
Name: _________________________________________
Title: __________________________________________
Signature: ______________________________________
Date: __________________________________________
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Attachment 1
An Excerpt from the Community Housing Collaborative 1
June 9, 2008
This proposal outlines a set of housing programs that can be implemented through a collaboration
between Cornell University and the Tompkins County community to implement the Housing Strategy for
Tompkins County, which seeks to produce a substantial amount of new housing for lower and middle
income families. The community is broadly defined to include Tompkins County, local governments,
lenders, housing developers and non-profit organizations.
Cornell has offered to contribute up to $10 million over the next decade toward housing programs that
will benefit its staff, faculty, graduate students and area residents. The community can also make
significant contributions of monetary and institutional resources toward housing programs that will
substantially leverage Cornell’s investment. Successful implementation of the programs envisioned under
this collaboration could dramatically change housing conditions in Tompkins County by producing up to
775 housing units with a total development cost of $169 million.
Guiding Principles
Tompkins County faces a growing need for additional housing of all types. This deficit mandates a focus
on the development of a substantial number of new housing units over the next ten years.
All new housing should be developed in conformance with the Tompkins County Comprehensive Plan
and the adopted Housing Strategy for Tompkins County coordinated with local municipal plans. The plan
and its implementation strategy encourage development in urban areas or growth nodes that are served by
public transportation, water and sewer, municipal services and businesses.
1 The Housing Action Group is an informal group of housing professionals in Tompkins County. At the Mayor’s Housing
Forum in summer 2007 the group was tasked with putting together a community housing collaborative. The collaborative was
an outline of the housing initiatives that the community could work on with Cornell University. There was a description of the
programs themselves and a brief discussion of what it would take to accomplish each program. The collaborative was
presented at the December 2007 Mayor’s Housing Forum.
It is understood that the proposed housing programs, as described in this document, are accurate as of June 9, 2008. It is also
understood that these programs will evolve over time therefore this document serves as a reference point.
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• New housing should be developed in locations convenient to major employment centers to
maximize opportunities for residents to commute to work as pedestrians or bicyclists and to minimize the
negative impacts of commuting through traffic on residential neighborhoods.
• New housing development should accommodate the needs of a broad range of household incomes,
types and sizes. Both rental and owner housing should be developed in forms and sizes that provide more
choice than is available today. Mixed income development is highly desired.
• At least 50% of the new housing that is developed should be workforce housing that is affordable
to low-and moderate-income households. All new workforce owner housing should remain permanently
affordable through legally enforceable shared appreciation mechanisms that preserve affordability of units
for future homebuyers, such as a community housing trust.
• Current and future Cornell employees and other in-commuters should be provided with financial
incentives to live in Tompkins County, preferably with access to the public transportation system.
• All housing programs should, to the maximum extent feasible, leverage outside funding from
public, non-profit and private sources.
• All new housing should pay a fair share of taxes, or payments in lieu or taxes, so as to not shift the
cost of providing public services and infrastructure to other residents, unless taxes are expressly abated to
induce desired housing development.
• All new housing should utilize green building practices to encourage sensible development
patterns; energy efficiency; the use of sustainable materials; improved environmental health; and
reduction of waste.
Proposed Housing Programs
The following are brief descriptions of housing programs that can be implemented through this
collaboration. While each of these programs could be developed independently of each other, there are
numerous ways that they can complement each other to create a comprehensive approach to housing in
CDBG HF 20092015-21-8695
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Tompkins County. Initial recommended financial commitments from public and private sources to
establish the Housing Affordability Fund and Housing Trust Fund are provided.
EMPLOYER ASSISTED HOUSING PROGRAM [OMITTED]
HOUSING AFFORDABILITY FUND
Goal: Provide grants or loans to support the pre-development of affordable housing projects.
Type of housing: Available to support the development of any new construction or substantial
rehabilitation project, rental or owner-occupied, that conforms to the guiding principles listed above and
fits into the housing programs described below.
Description: A locally funded and administered fund that assists with the predevelopment costs
associated with affordable or mixed-income housing projects. Eligible uses of the fund would include the
cost of land; environmental assessment; site design; building design; approvals; permits; market studies;
or financing fees. It is expected that the fund will be repaid when the project has been completed and the
permanent financing is in place, but the money could also be forgiven for low-income or mixed income
projects undertaken by a non-profit developer. Eligible borrowers would include both for-profit and non-
profit developers. An oversight board would establish goals for the program; review applications for
funding; and approve loans.
Financing: The fund would be capitalized at $800,000 by commitments for contributions of $200,000
each from Tompkins County and the City of Ithaca and $400,000 from Cornell over the next 6 years. The
County and City funds would be restricted to projects that primarily benefit low-income households.
Who’s responsible? An oversight board vested with the authority to make funding decisions on project
proposals, supplemented by staff capable of analyzing projects and creating loan documents. An existing
board such as the IDA or TCAD board, acceptable to funders, may be suited to serve this role.
CDBG HF 20092015-21-8695
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Leverage: $400,000 Cornell contribution directly leverages $400,000 in funding from local
governments. Predevelopment money for projects potentially leverages other development funding at
ratio of about 1:12.
COMMUNITY HOUSING TRUST FUND
Goal: Create permanently affordable housing units for low- or moderate-income homebuyers.
Type of housing: Any form of owner-occupied housing including single family detached; semi-
detached, condominium or cooperative. Either new or existing housing could be brought into the
program.
Description: A community housing trust is designed to maximize the use of valuable development
subsidies by ensuring that homes remain affordable to future generations of buyers. Permanent
affordability for homeowner housing is ensured by separating the ownership of the land from the
ownership of the house (only the house is purchased) and by restricting the amount of equity that a
homeowner can take from the house upon sale. Community housing trust homes rise in value, but at a
slower rate than the conventional housing market. The development process for community housing trust
properties is the same as any other real estate project but the ownership is different. Generally, a non-
profit organization acts as the developer and retains ownership of the land. The houses may be sold using
conventional affordable housing purchase subsidy programs such as grants for down payment and closing
costs or low-interest first mortgage loans. The non-profit retains permanent stewardship of the land and
the enforcement of resale deed restrictions.
Financing: The fund would be capitalized at $1,600,000 by commitments for contributions of $400,000
each from Tompkins County and the City of Ithaca and $800,000 from Cornell over the next 6-years.
Donations of land or financial contributions to assist with the purchase of land are important elements in
reducing housing costs. In addition, a community housing trust requires start-up and on going operating
funding for program management. An $800,000 Cornell contribution over the next six years leverages
$800,000 in funds from Tompkins County and the City of Ithaca. Affordability is achieved through the
use of standard development and purchase subsidies including grants from state or federal sources to
subsidize construction and grants or loans to lower the cost of purchase financing. These subsidies would
CDBG HF 20092015-21-8695
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be made available through local governments. A community housing trust property that targets a
moderate-income household would utilize conventional development and purchase financing.
Who’s responsible? This program will need to be established and administered by a non-profit
organization that has the capacity for real estate development, marketing, lending and legal oversight.
INHS has initiated the development of a community housing trust and expects to eventually spin off a
separate non-profit operating countywide that is dedicated solely to this mission.
Leverage: Land, including infrastructure, represents about 20% of the total development cost for
residential housing. A contribution of land would leverage other funds on a 1:4 basis. Housing built
under the community housing trust concept could also attract significant subsidies from state and federal
affordable housing programs. The long-term affordability of this housing could require higher than
normal subsidy amounts.
RENTAL HOUSING DEVELOPMENT [OMITTED]
TAX EXEMPT BOND FINANCING/CREDIT ENHANCEMENT [OMITTED]
CDBG HF 20092015-21-8695
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Attachment 2
Principles of Cornell Workforce Housing Initiative
June 2008
1. Recruitment/Retention
The primary objectives for the workforce housing initiative are to benefit the future recruitment and
retention of top quality faculty and staff at Cornell and to supplement the University’s student off-campus
housing options as applicable, consistent with the University’s campus master plans.
2. Housing Stock
Commitment to increase the supply of diversity of housing stock within Tompkins County through the
development of quality, attractive and sustainable residential communities for the benefit of Cornell and
its employees, and the community.
3. Housing Prices
Cornell will work on affordable housing solutions with preference to first-time homebuyers, by
encouraging the development of new projects that increase the housing supply, but do not increase
housing prices.
4. Adjacency/Development
Housing assistance programs funded via the initiative should benefit Cornell employees seeking homes
near the main campus or on public transportation routes.
5. Transportation Strategies
Housing assistance programs funded via the initiative should support the principles of the transportation-
focused Generic Environmental Impact Statement (t-GEIS), increase development around transportation
nodes, and reduce the median commute distance of Cornell employees.
6. Sustainability
Housing assistance programs must contain an array of sustainability factors such as: (a) long-term
affordability to future generations of campus employees and students, (b) environmentally responsible
development, and (c) recycling of Cornell’s investments into future projects or investments.
CDBG HF 20092015-21-8695
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7. Adaptability
Housing assistance programs and housing development projects funded via the initiative should be
capable of adapting to evolving campus needs.
8. Community Alignment
Housing assistance programs and housing development projects funded via the initiative should align with
local municipal housing and sustainable nodal development strategies.
9. Leverage funds
The initiative includes collaboration with local municipal sponsors in an effort to leverage local, state,
federal and private funding opportunities to the fullest extent possible for housing assistance programs
and housing development projects funded via the initiative.
HF 2015-1-8695
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MEMORANDUM OF UNDERSTANDING AMONG THE COUNTY OF TOMPKINS, THE CITY
OF ITHACA, AND CORNELL UNIVERSITY WITH REGARD TO THE COMMUNITY
HOUSING DEVELOPMENT FUND
WHEREAS, the signatories of this Memorandum of Understanding (MOU) established the Tompkins
County Housing Fund in 2009 and have successfully administered it through 2015, assisting the
construction of 124 affordable housing units to date and with an additional 80 units expected to proceed to
construction, and
WHEREAS, the signatories wish to further develop this program as the Community Housing
Development Fund (“the Fund”) to be used to meet affordable housing needs throughout Tompkins
County, the goal of the Fund being to assist communities, organizations, and housing developers
throughout Tompkins County to respond to the diverse affordable housing needs of its residents, and
WHEREAS, the signatories recognize the value of producing and retaining mixed-income housing that is
available to a diversity of residents with a range of incomes, and that mixed-income housing projects that
include affordable units should be encouraged and eligible for program assistance, particularly to support
projects complying with local inclusionary zoning ordinances,
WHEREAS, in administering the Community Housing Development Fund, the signatories recognize the
benefits of providing funds to experienced for-profit and not-for-profit developers for the cost of land and
other costs associated with the development, rehabilitation, and retention of affordable housing units,
provided that the housing units assisted with those funds remain permanently affordable for those earning
up to 80% of Area Median Income (AMI) or up to 120% of AMI provided a project also contains a
significant proportion of housing units for households earning 80% or less of AMI, and
WHEREAS, the signatories further recognize that the understanding of the challenges to affordable
housing development and preservation, and best practices to improve and expand the supply of affordable
housing, continue to evolve as both Tompkins County and communities throughout the nation continue to
face complex and persistent affordable housing challenges, NOW, THEREFORE, the signatories agree as
follows:
A. The signatories are the COUNTY OF TOMPKINS (hereinafter “County”), the CITY OF ITHACA
(hereinafter “City”), and CORNELL UNIVERSITY (hereinafter “Cornell”), with all signatories
hereinafter jointly referred to as “the participating entities”.
B. The Community Housing Development Fund is a locally funded and administered program that assists
with the development costs associated with residential and mixed-use real estate development
projects. The Fund is intended to ensure that newly constructed or rehabilitated homes, as well as
existing affordable housing units, remain permanently affordable to future generations of renters and
buyers .
C. In accordance with the objectives set forth in the whereas clauses above, a Notice of Funding
Availability (NOFA) will be drafted for each funding round released under the Community Housing
Development Fund to describe available funding opportunities and application procedures. Applicants
for funding consideration will be required to submit detailed evidence of their qualifications and
capabilities in completing similar projects and successfully delivering new or adaptive-reuse housing,
or preserving existing affordable units that conform to the affordability objectives described in the
Notice of Funding Availability. Funds shall be awarded as described below in Section G. Applicants
HF 2015-1-8695
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will be required to comply with certain measurements and performance criteria intended to ensure that
disbursed funds fulfill the objectives set forth by the signatories.
D. The participating entities shall form a Program Oversight Committee made up of three representatives
appointed by each signatory to this Memorandum of Understanding, for a total of nine members. It is
suggested that at least one representative be a member of the elected body or senior administration of
each signatory. The remaining City and County seats should be drawn from community members
with relevant expertise such as those representing a financial institution with housing lending
experience; a real estate development firm or organization; a representative from an economic
development firm or organization or in the case of Cornell University, a Cornell representative with
housing lending, real estate, or economic development experience. Each participating entity shall
appoint one alternate member, and may also appoint one staff member as an ex-officio non-voting
member.
E. The Program Oversight Committee will be responsible for (1) administering the Fund (including but
not limited to finalizing and administering the NOFA document and process) with assistance from
staff of the Tompkins County Planning Department; (2) appointing members to and reviewing
recommendations from the Application Review Committee; and (3) making final funding
recommendations to the participating entities. In addition, the Program Oversight Committee will be
responsible for (4) monitoring the use of funds, (5) overseeing the funds any additional entities may
choose to contribute, and (6) identifying and proposing other opportunities to advance affordable
housing within Tompkins County, subject to the approval of the participating entities.
F. An Application Review Committee shall consist of members appointed by the Program Oversight
Committee to evaluate and rate applications for funding and provide recommendations to the Program
Oversight Committee on such funding applications. The Application Review Committee members
may include an appointed member representing housing professionals from outside the County and
should include appointed local professionals with experience in relevant fields such as real estate
development, housing, the building industry, planning, sustainable development, human service
needs, or real estate finance.
G. Participating entities agree to enter into the MOU with the understanding that funds will be provided
based on the recommendations of the Program Oversight Committee, and to enter into grant
agreements with funding recipients in a timely fashion. However, notwithstanding the above, each
participating entity shall have the right to decline use of its own funds for an application
recommended for approval by the Program Oversight Committee that does not, at its sole discretion,
match its housing initiative priorities. In recognition that City residents pay property taxes to the
County, the County agrees not to decline an application for funding solely because the housing project
is located within the City, to the extent permitted by applicable laws and regulations governing use of
County funds paid toward the funding of the NOFA. The decision of the participating entity to decline
support of a project cannot be overruled by the Program Oversight Committee.
H. Each participating entity shall contribute funds in the amounts specified below to be used to capitalize
the Community Housing Development Fund. Each participating entity will have custody of and
manage its individual contributions, at its own expense.
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Table 1: Sources of Funds for the NOFA.
Term of MOU Tompkins County City of Ithaca Cornell
University Total
Year 1 $100,000 $100,000 $200,000 $400,000
Year 2 $100,000 $100,000 $200,000 $400,000
Year 3 $100,000 $100,000 $200,000 $400,000
Year 4 $100,000 $100,000 $200,000 $400,000
Year 5 $100,000 $100,000 $200,000 $400,000
Year 6 $100,000 $100,000 $200,000 $400,000
Total Contribution $600,000 $600,000 $1,200,000 $2,400,000
I. The COUNTY agrees to:
1. Contribute $600,000 ($100,000 annually per Table 1 during the term of the MOU) toward the
funding of the NOFA and any affordable housing related efforts approved by the participating
entities.
2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability
(NOFA).
3. Make such contribution on the condition that all disbursements of funding made from its
contributions are used on proposed housing projects or related efforts approved by the
participating entities, consistent with the municipal program requirements for the sources of
funding.
4. Participate on the Program Oversight Committee throughout the NOFA process.
5. Provide assistance from staff of the Tompkins County Planning Department to support the
administration of the Fund.
6. Provide assistance from staff of the Tompkins County Planning Department to support the
Program Oversight Committee and the Applications Review Committee.
7. Enter into agreements for disbursement of funds to approved recipients.
8. Track all funds contributed to the Community Housing Development Fund, invoice
participating entities for the funds awarded from their contributions to particular proposals,
and disburse the funding awards as appropriate for proposals awarded funding.
9. Account on a regular basis to the other participating entities for disbursement of funds from
the Community Housing Development Fund.
10. Determine a process by which the COUNTY will determine whether or not it grants approval
of using the Community Housing Development Fund to support additional affordable housing-
related activities suggested by the Program Oversight Committee. No COUNTY contributions
to the Fund will be used for these additional activities without COUNTY approval.
J. The CITY agrees to:
1. Contribute $600,000 ($100,000 annually per Table 1 during the term of the MOU) toward the
funding of the NOFA.
2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability
(NOFA).
3. Make such contribution on the condition that all disbursements of funding made from its
contributions are used on proposed housing projects or related efforts approved by the
participating entities, consistent with the municipal program requirements for the sources of
funding.
4. Participate on the Program Oversight Committee throughout the NOFA process.
HF 2015-1-8695
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5. Enter into fiscal agreement(s) with the COUNTY and make funds available for disbursement
to approved recipients receiving support from the City’s contribution to the Fund.
6. Track City funds committed to the Community Housing Development Fund.
7. Determine a process by which the CITY will determine whether or not it grants approval of
using the Community Housing Development Fund to support additional affordable housing-
related activities suggested by the Program Oversight Committee. No CITY contributions to
the Fund will be used for these additional activities without CITY approval.
K. CORNELL agrees to:
1. Contribute $1,200,000 ($200,000 annually per Table 1 during the term of the MOU) toward
the funding of the NOFA.
2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability
(NOFA) consistent with Cornell University’s workforce development and housing goals.
3. Make such contribution on the condition all disbursements of funding made from its
contributions are used on proposed housing projects or related efforts approved by the
participating entities, consistent with Cornell University’s workforce development and housing
goals.
4. Participate on the Program Oversight Committee throughout the NOFA process.
5. Make funds available for disbursement to approved recipients receiving support from
Cornell’s contribution to the Fund.
6. Track Cornell funds committed to the Community Housing Development Fund.
7. Determine a process by which the Cornell will determine whether or not it grants approval of
using the Community Housing Development Fund to support additional affordable housing-
related activities suggested by the Program Oversight Committee. No CORNELL
contributions to the Fund will be used for these additional activities without CORNELL
approval.
L. Additional municipalities, major employers, charitable foundations, or private entities are encouraged
to contribute funding to the Community Housing Development Fund. It is the responsibility of the
Program Oversight Committee to oversee the contributions of additional entities. The Program
Oversight Committee may accept or reject contributions at its sole discretion. The Program Oversight
Committee will at its sole discretion determine how funds from additional entities are to be disbursed.
In the event an additional municipality, major employer or charitable foundation who commits to
contribute funding also seeks representation on the Program Oversight Committee, such
representation shall be permitted as follows:
1. A contribution of $50,000 or more to the Community Housing Development Fund by an
interested municipality, major employer or charitable foundation will make it eligible to
appoint one associate member to the Program Oversight Committee for the program year in
which the contribution is made. Associate members will have voting privileges but will not be
counted towards quorum.
2. The contributors will agree to disburse funding awards for proposal(s) receiving funding as
directed by the Program Oversight Committee.
M. Funds not expended in one year by any of the participating entities will be rolled over to the following
year and will be available in addition to the participating entity’s annual contribution.
N. This MOU shall be effective upon execution by all the participating entities and shall have a term of
six-years or until such time as funds encumbered by each of the participating entities for the
Community Housing Development Fund are committed and fully expended, whichever is later.
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O. Each participating entity may terminate this MOU for any reason upon thirty (30) days written notice
to the other participating entities. Upon termination, the terminating entity shall honor the funding
obligations from any agreements made by it with funding recipients prior to the date of termination.
Any contributions committed to the Community Housing Development Fund by the terminating entity
for the year within which the written notice of termination was issued will remain available for use on
Community Housing Development Fund projects.
P. Modification: This Memorandum of Understanding may be modified at any time by mutual
agreement of all three signatories.
Q. The Program Oversight Committee will review the Notice of Funding Availability, Program
Oversight Committee bylaws, and the Memorandum of Understanding as needed. When the POC has
discussed a particular programmatic change, final approval of language can be obtained by email with
all committee members. If an objection is raised by any voting member within 10 business days, said
change must be brought to the next Program Oversight Committee meeting for a final decision.
Should no objections be raised within 10 business days, the change will take effect.
R. To the extent permitted by law, each participating entity hereby agrees to indemnify, hold harmless
and defend the other participating entities and their respective officers, employees, agents and elected
officials from and against any and all claims and actions brought against the other participating
entities and their respective officers, employees, agents or elected officials, for injury or death to any
person or persons, or for damage to property, arising out of the performance of this Memorandum of
Understanding by the participating entity, its employees, subcontractors, or agents.
S. Participating entities will not discriminate against any employee, applicant for employment, sub-
contractor, supplier of materials or services, or program participant because of actual or perceived:
age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status,
marital status, national origin, race, religion, sexual orientation, socio-economic status, or weight.
T. The Program Oversight Committee shall adopt, by agreement of at least seven committee members,
bylaws that minimally define a quorum as 6 members including at least 2 voting members from each
participating entity, and specify the minimum number of votes required to take action. Amendments
to the bylaws shall require agreement of at least seven duly appointed committee members.
HF 2015-1-8695
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Tompkins County
Name: _________________________________________
Title: __________________________________________
Signature: ______________________________________
Date: __________________________________________
City of Ithaca
Name: _________________________________________
Title: __________________________________________
Signature: ______________________________________
Date: __________________________________________
Cornell University
Name: _________________________________________
Title: __________________________________________
Signature: ______________________________________
Date: __________________________________________
2. City Administration, Human Resources, and Policy
2.6 Temporary Suspension of Rights
WHEREAS, Texas Roadhouse Holdings LLC plans to construct a restaurant at 719-725 South
Meadow Street (“Restaurant”) pursuant to a lease with a term of up to thirty years, and
WHEREAS, a 1951 deed refers to the right of the City to demand that a 16-foot-strip of land on
the south end of that property be conveyed to the City “for street purposes”, and
WHEREAS, the City has not previously demanded that the strip of land be conveyed to the City,
and the Superintendent of Public Works has no plans to use the strip of land for street purposes,
and
WHEREAS, the Restaurant is to be constructed in part on that area, and Texas Roadhouse
desires to secure a commitment from the City to temporarily relinquish its right to require that a
portion of the land be deeded to the City until (i) Texas Roadhouse’s lease (including any
renewals of that lease) expires or (ii) Texas Roadhouse or its successors or assigns ceases to
operate a business there, and
WHEREAS, the Board of Public Works has determined that the area in question has no current
public works purpose, and
WHEREAS, in consideration for this temporary suspension, Texas Roadhouse has agreed to pay
the City $33,862.58 (a valuation derived from the net present value of thirty years of license fees
for the area in question), which adequately compensates the City for entering into the agreement,
and
WHEREAS the City Attorney’s office and Texas Roadhouse have negotiated an agreement
establishing the terms and conditions applicable to this temporary suspension; now therefore be
it
RESOLVED, that the Mayor is authorized to sign an agreement temporarily suspending the
City’s right to demand conveyance of the land in question in a form substantially similar to the
agreement reviewed by Common Council, and take such other actions as may be required to give
effect to the agreement upon the advice of the City Attorney.
J:\DRedsicker\AGENDAS\City Admin Comm\2015\8-19 - Agenda.docx 8/19/15
M E M O R A N D U M
To: City Administration Committee
From: Jared Pittman, Assistant City Attorney
Date: August 7, 2015
Subject: Temporary Suspension of Rights at 719-725 South Meadow Street
_________________________________________________________________
Texas Roadhouse Holdings LLC is scheduled to begin construction of a restaurant located in the
commercial complex at 719-725 South Meadow Street this fall; its initial leasehold is for up to
thirty years. A 1951 deed refers to the right of the City to demand that a 16-foot-wide strip of
land on the south end of the property be conveyed to the City “for street purposes,” but this has
never been done, and there are no plans to demand that this land be conveyed to the City for
street purposes. The proposed restaurant will be built in part on this area, and Texas Roadhouse
has requested that the City temporarily suspend its right to demand conveyance of that portion of
the property around the restaurant until (i) Texas Roadhouse’s lease (including any renewals of
that lease) expires or (ii) Texas Roadhouse or its successors or assigns ceases to operate a
business there. With the support of the Superintendent of Public Works and the Director of
Engineering, the Board of Public Works passed a resolution finding that the area in question has
no current public works purpose.
In exchange for the City temporarily relinquishing its rights to the area in question, Texas
Roadhouse has agreed to pay the City $33,862.58, a valuation derived from the net present value
of thirty years of license fees for the area depicted on the attached map. City staff is confident
that this payment adequately compensates the City for entering into the agreement.
A draft agreement and map demonstrating the area of land in question is attached to the proposed
resolution.
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
RECORDING REQUESTED AND
AFTER RECORDING RETURN TO:
Texas Roadhouse Holdings LLC
6040 Dutchmans Lane
Louisville, Kentucky 40205
Attention: Legal Department
AGREEMENT REGARDING
TEMPORARY SUSPENSION OF RIGHTS
THIS AGREEMENT REGARDING TEMPORARY SUSPENSION OF RIGHTS (this
“Agreement”) is executed this _____ day of _________________, 2015, by and among BUFFALO-
ITHACA ASSOCIATES, LLC, a New York limited liability company (“Landlord”), TEXAS
ROADHOUSE HOLDINGS LLC, a Kentucky limited liability company (“Tenant”), and CITY OF
ITHACA, a New York municipality (“City”).
RECITALS
WHEREAS, Landlord is the current fee simple owner of certain property located in Ithaca, New
York and as more particularly described on Exhibit “A” attached hereto and made a part hereof (the
“Property”) pursuant to that certain Deed recorded on April 23, 1999 in Liber 844, Page 299 of the
Tompkins County, New York official records;
WHEREAS, Landlord, as landlord, and Tenant, as tenant, entered into that certain Ground Lease
dated August 8, 2014, as amended by that certain First Amendment to Ground Lease dated November 12,
2014, as further amended by that certain Second Amendment to Ground Lease dated June 15, 2015, as
further amended by that certain Third Amendment to Ground Lease dated June 29, 2015, and as further
amended by that certain Fourth Amendment to Ground Lease dated _____________, 2015 (as the same
may have been further amended, modified and/or supplemented, the “Lease”) for the lease of a portion of
the Property as more particularly identified on the site plan attached hereto as Exhibit “B” and made a
part hereof (the “Premises”);
WHEREAS, a Memorandum of Lease evidencing the Lease has been or will be recorded in the
official records of Tompkins County, New York;
WHEREAS, pursuant to that certain Deed dated June 12, 1951 from William R. Lanphear to
Plaza Motel of Ithaca, Inc. recorded in Liber 342, Page 55, the Property is subject to a requirement that
the then existing fee simple owner of the Property shall, upon request by City, convey and deed a sixteen
(16) foot strip of land located on the southerly portion of the Property to City for street purposes as more
particularly shown on attached Exhibit “B”. For the purposes of this Agreement, the sixteen (16) foot
1
strip of land located on the Premises shall be known as the “Waiver Area”;
WHEREAS, as a part of Tenant’s initial construction on the Premises, Tenant intends to
construct a new building containing approximately 7,163 square feet as more particularly shown on
attached Exhibit “B” (the “Building”);
WHEREAS, as currently designed, the southern portion of Tenant’s Building will encroach upon
a portion of the Waiver Area;
WHEREAS, Tenant requests that City temporarily suspend City’s right to require Landlord to
convey the Waiver Area to City for the purposes of constructing a street until the later of (i) the expiration
or earlier termination of the Lease (as the same may be extended) or (ii) the date Tenant or any of its
successors or assigns cease to operate its business on the Premises (such later date hereinafter referred to
as the “Suspension Expiration Date”). The period commencing on the date of this Agreement and
expiring on the Suspension Expiration Date shall be known as the “Suspension Period”;
WHEREAS, City is willing to suspend its right to require Landlord to convey the Suspension
Area to City for the purposes of constructing a street for the Suspension Period, subject to City’s receipt
and Tenant’s payment of a previously agreed upon amount; and
WHEREAS, Landlord joins this Agreement as an intended third party beneficiary and for the
purpose of consenting to the terms and conditions of this Agreement.
NOW THEREFORE, in consideration of the mutual covenants made herein and for other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree
as follows:
1. Recitals. The recitals set forth above are true and accurate and are hereby incorporated
herein by reference.
2. Suspension. In consideration of the payment of certain agreed upon funds by Tenant to
City (which amount is hereby acknowledged to have been received by City), City hereby unconditionally
suspends its right to require Landlord and/or any subsequent owner of the Suspension Area to convey the
Suspension Area to City for the purpose of constructing a street during the Suspension Period. Landlord
hereby joins this Agreement as an intended third party and for the purpose of acknowledging and
consenting to the terms and conditions of this Agreement.
3. Notice. Any and all notices required under this Agreement shall be deemed to be
properly served if delivered in writing personally, or sent by certified mail with return receipt requested,
or by nationally recognized overnight delivery service, pre-paid, for overnight delivery with receipt
requested, to Landlord at the address set forth below or to Tenant at the address set forth below or to City
at the address set forth below or to any subsequent address which any of the parties may designate in
writing for such purpose. Any notice required under this Agreement shall be deemed to have been
delivered and received on the date of actual receipt, or if receipt is refused, then (i) one (1) business day
following deposit with such nationally recognized overnight courier, (ii) five (5) business days after
deposit in the U.S. mails by certified mail, return receipt requested, and/or (iii) on the date of delivery or
refusal if by hand delivery.
If to Landlord: Buffalo-Ithaca Associates, LLC
c/o DDR Corp.
3300 Enterprise Parkway
2
Beachwood, Ohio 44122
Attention: General Counsel
If to Tenant: Texas Roadhouse Holdings LLC
6040 Dutchmans Lane
Louisville, Kentucky 40205
Attention: Legal Department
If to City: City of Ithaca
108 East Green Street
Ithaca, New York 14850
Attention: City Attorney
4. Miscellaneous.
(a) This Agreement contains the entire agreement of the parties with respect to the subject
matter hereof and can be altered, amended or modified only by written instrument executed by such parties.
(b) The terms and conditions of this Agreement shall inure to the benefit of and be binding
upon the respective heirs, representatives, successors and assigns of the parties benefited and burdened
hereby and shall remain in effect as hereinabove set forth.
(c) In the event of litigation between the parties to enforce this Agreement, the prevailing party
in any such action shall be entitled to recover reasonable costs and expenses of suit, including, without
limitation, court costs, attorneys’ fees, and discovery costs.
(d) This Agreement shall be construed, interpreted, and enforced pursuant to the applicable laws
of the State of New York. Each party hereby waives its rights to a jury trial of any such suit, action or
proceeding.
(e) This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but all of which shall constitute one and the same instrument. This Agreement shall be binding
on the parties when executed and delivered by the parties to one another by facsimile and/or other
electronic transmission.
(f) Each provision of this Agreement is hereby declared to be independent of and severable
from the remainder of this Agreement. If any provision contained herein shall be held to be invalid or to be
unenforceable or not to run with the land, such holding shall not affect the validity or enforceability of the
remainder of this Agreement.
—Signatures Appear on Following Pages—
3
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the
date first written above.
LANDLORD:
BUFFALO-ITHACA ASSOCIATES, LLC,
a New York limited liability company
By: DDR GLH LLC,
its Managing Member
By: JDN QRS LLC,
its Managing Member
By:
Name: Kenneth L. Stern
Title: Senior Vice President
STATE OF OHIO §
§
COUNTY OF CUYAHOGA §
Before me, the undersigned authority, on this day personally appeared Kenneth L. Stern, the
Senior Vice President of JDN QRS LLC, which is the Managing Member of DDR GLH LLC, which is
the Managing Member of BUFFALO-ITHACA ASSOCIATES, LLC, a New York limited liability
company, known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and consideration therein expressed, in
the capacity therein stated and as the act and deed of said limited liability company.
Given under my hand and seal of office on this ______ day of ______________________, 2015.
Notary Public, State of Ohio
Printed Name
My Commission Expires:
—Signatures Continue on Following Pages—
4
—Signatures Continued From Previous Page—
TENANT:
TEXAS ROADHOUSE HOLDINGS LLC,
a Kentucky limited liability company
By: Texas Roadhouse, Inc.,
a Delaware corporation
its Manager
By:
Name: Russell Arbuckle
Title: Director of Real Estate
COMMONWEALTH OF KENTUCKY §
§
COUNTY OF JEFFERSON §
Before me, the undersigned authority, on this day personally appeared Russell Arbuckle, the
Director of Real Estate of Texas Roadhouse, Inc., a Delaware corporation, Manager of TEXAS
ROADHOUSE HOLDINGS LLC, a Kentucky limited liability company, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the
same for the purposes and consideration therein expressed, in the capacity therein stated and as the act
and deed of said limited liability company.
Given under my hand and seal of office on this ______ day of _______________, 2015.
Notary Public, Commonwealth of Kentucky
Printed Name
My Commission Expires:
—Signatures Continue on Following Pages—
5
CITY:
CITY OF ITHACA,
a New York municipality
By:
Name:
Title:
STATE OF NEW YORK §
§
COUNTY OF TOMPKINS §
Before me, the undersigned authority, on this day personally appeared ________________, the
_______________________________ of CITY OF ITHACA, a New York municipality, known to me
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, in the capacity therein stated and
as the act and deed of said municipality.
Given under my hand and seal of office on this ______ day of ______________________, 2015.
Notary Public, State of New York
Printed Name
My Commission Expires:
6
Exhibit “A”
Legal Description of the Property
ALL THAT TRACT OR PARCEL OF LAND, SITUATE AND LYING IN THE CITY OF ITHACA,
COUNTY OF TOMPKINS, STATE OF NEW YORK, MORE PARTICULARLY BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIPE FOUND IN THE EASTERLY LINE OF SOUTH MEADOW
STREET, SAID PIPE BEING LOCATED 328.50 FEET SOUTH OF THE INTERSECTION OF THE
EAST LINE OF SOUTH MEADOW STREET WITH THE SOUTH LINE OF WOOD STREET; SAID
IRON PIPE ALSO MARKS THE SOUTHWESTERLY CORNER OF LANDS REPUTEDLY OF THE
ITHACA BOARD OF EDUCATION AND IS KNOWN AS THE “WOOD STREET PARK”;
RUNNING THENCE NORTH 89° 41’ 00” EAST ALONG THE SOUTHERLY LINE OF THE
ITHACA BOARD OF EDUCATION FOR A DISTANCE OF 460.40 FEET TO AN IRON PIN FOUND
IN CONCRETE, SAID IRON PIN BEING LOCATED IN THE WESTERLY LINE OF LANDS OF
THE ITHACA HOUSING AUTHORITY;
THENCE SOUTH ALONG THE WESTERLY LINE OF LANDS OF THE ITHACA HOUSING
AUTHORITY FOR A DISTANCE OF 373.50 FEET TO AN IRON PIN FOUND, SAID IRON PIN
BEING LOCATED IN THE NORTHERLY LINE OF LANDS NOW OR FORMERLY OF CLYNES;
THENCE SOUTH 89° 24’ 00” WEST ALONG THE NORTHERLY LINE OF LANDS NOW OR
FORMERLY OF CLYNES FOR A DISTANCE OF 460.40 FEET TO AN IRON PIN FOUND IN THE
EAST LINE OF SOUTH MEADOW STREET;
THENCE NORTH ALONG THE EASTERLY LINE OF SOUTH MEADOW STREET FOR A
DISTANCE OF 375.80 FEET TO THE POINT AND PLACE OF BEGINNING.
7
Exhibit “B”
Site Plan
8
OVERALL
SITE PLAN
C3.1
NOT ISSUED FOR CONSTRUCTION
153 Cordaville Road, Suite 210
Southborough, MA 01772
t: 508 229 0032
TEXAS
ROADHOUSE
ITHACA
NEW YORK
719-725 SOUTH
MEADOW STREET
TAX MAP 104-1-1
2. City Administration, Human Resources, and Policy
2.7 Approval of a new bus service in the City
WHEREAS, Section 346-31 of the City Code states that no bus shall operate, stop on or stand on
any City street, nor shall such bus pick up or discharge passengers on any such City street or
curb, or any other public property, or at or within 200 feet of any City bus stop in the corporate
limits of the City of Ithaca, unless a permit is obtained therefor from the Common Council or its
designee, and
WHEREAS, the Department of Public Works has received an application from Big Red Bullet,
LLC to operate a transit service between Ithaca and New York City, including stops in the City,
and
WHEREAS, TCAT has expressed concerns about the two proposed bus stops, namely in front of
the Performing Arts Center and the East Seneca Street bus stop, and
WHEREAS, TCAT and staff have recommended use of the south curbline of East Green Street,
immediately east of the pedestrian signal, staff has discussed the option with the representative
of Big Red Bullet, who is in agreement with this location, and
WHEREAS, the applicant and staff have not yet found an acceptable alternate location in
Collegetown, but are both willing to continue working on a possible location, now therefore be it
RESOLVED, That Common Council approves of the use of the East Green Street location and
the related proposed City streets, and be it further
RESOLVED, That Common Council delegate the authority to approve a second location for
passenger pick up and discharge to the Board of Public Works, should the applicant and staff
find an acceptable alternate location in Collegetown, after consultation with TCAT.
3. Finance, Budget, and Appropriations
3.1 Local Law Entitled “Confirmation of the Sidewalk Improvement District Assessments,
Budget, and Schedule of Work for Fiscal Year 2016”
Local Law No. ____-2015
A local law entitled “Confirmation of the Sidewalk Improvement District Assessments, Budget,
and Schedule of Work for Fiscal Year 2016”
WHEREAS Section C-73 of the City Charter creates five Sidewalk Improvement Districts (each
a “SID”) for the construction and repair of sidewalk, and provides for an assessment against each
property located in each SID for the benefits received by the property from said construction and
repair, and
WHEREAS the Board of Public Works has recommended a budget, schedule of work, and
schedule of assessments for Fiscal Year 2016, subject to review, amendment, and confirmation
by the Common Council, and
WHEREAS Section C-73 provides that Council shall amend as appropriate and confirm the SID
assessments, budget, and schedule of work after a public hearing, and
WHEREAS the appropriate public hearing has been held, and Council has given due
consideration to the comments made, if any,
NOW, THEREFORE BE IT ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Findings, Intent, and Purpose.
Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to
adopt a local law relating to the authorization, making, confirmation, and correction of benefit
assessments for local improvements.
The Common Council has reviewed the assessments, budget, and schedule of work
recommended by the Board of Public Works for Fiscal Year 2016, and makes the following
findings of fact:
A. The public hearing prior to confirmation required by Section C-73 has been held,
and all owners of property subject to a SID assessment appearing to speak before
Council have had an opportunity to do so.
B. The attached schedule of work, as recommended by BPW and previously subject
to review by Council, constitutes a set of local improvements, the cost of which
should be assessed against the properties located in the SID in which the work is
to be performed.
C. The attached budget, and the related assessments reflected on the assessment roll
kept on file with the City Clerk, are necessary to defray the cost of construction
and maintenance of sidewalk in the City, and Council has made a legislative
J:\DRedsicker\AGENDAS\City Admin Comm\2015\8-19 - Agenda.docx 8/19/15
judgment that each property in each SID is being assessed in proportion to the
benefit received by that property from the sidewalk construction and repair
contained in the schedule of work.
Section 2. Confirmation of the Assessments, Schedule of Work, and Budget.
The Common Council approves and confirms the assessment roll, a copy of which is maintained
in the City Clerk’s office, and the budget and schedule of work attached hereto, and imposes a
lien upon each property so assessed as set forth in the assessment roll.
In the event there are additional funds available following completion of the schedule of work, or
changes to the work plan are required for financial, engineering, or other reasons, the
Superintendent of Public Works or his or her designee may alter the schedule of work in his or
her discretion, as instructed by the Board of Public Works from time to time; provided, however,
that if such actions affect ten percent or more of any Sidewalk Improvement District’s annual
levy, such actions must be approved by resolution of the Board of Public Works.
Section 3. Severability Clause.
Severability is intended throughout and within the provisions of this Local Law. If any section,
subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that decision shall not affect the
validity of the remaining portions of this Local Law.
Section 4. Effective and Operative Date.
This Local Law shall be effective immediately after filing in the office of the Secretary of State.
J:\DRedsicker\AGENDAS\City Admin Comm\2015\8-19 - Agenda.docx 8/19/15
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3. Finance, Budget, and Appropriations
3.2 Planning, Building, Zoning, & Economic Development – Request to Amend the 2015
Department Budget
WHEREAS, the City, on behalf of the 1st Street Mosaic Project, was awarded a grant through the
Community Arts Partnership’s Grants for Arts Program to fund the second phase of the mosaic
installation at the Water & Sewer Division on First Street, and
WHEREAS, the grant funds will be used for community events and supplies; now, therefore, be
it
RESOLVED, that Common Council hereby accepts the Grants for Arts Program from the
Community Arts Partnership in the amount of $1,200 and amends the 2015 Department of
Planning, Building, Zoning, & Economic Development authorized budget as follows:
Increase Revenue Account:
A8020-3989 Planning State Aid $1,200
Home & Community
Increase Appropriations Account:
A8020-5435 Planning Contracts $1,200
J:\DRedsicker\AGENDAS\City Admin Comm\2015\8-19 - Agenda.docx 8/19/15
TO: City Administration
FROM: Megan Wilson, Senior Planner
DATE: August 6, 2015
RE: 1st Street Mosaic Project Grant Award
The City, on behalf of the 1st Street Mosaic Project, applied for grant funding through the
Community Arts Partnership’s Grants for Arts Program and was awarded $1,200 to support the
second phase of the mosaic installation. The 1st Street Mosaic Project is led by a group of
dedicated volunteers who have engaged the local community in the multi-phase mosaic tile mural
installation at the Water & Sewer Division on First Street. The project relies primarily on
donations and volunteers, and the first two phases of the installation have been completed
through public workshops and community build-style events. The grant funding will be used to
purchase additional supplies and support community involvement in the project.
Acceptance of this grant does not require a match or other financial commitment from the City.
Due to the requirements of the grant program, the City is acting as an intermediary, and the
funding will ultimately be dispersed to the 1st Street Mosaic Project.
If you have any questions, please contact me at (607) 274-6560 or mwilson@cityofithaca.org.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558