HomeMy WebLinkAbout12-07-11 Common Council Meeting Agenda1OFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, December 7,
2011, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green
Street, Ithaca, New York. Your attendance is requested.
AGENDA
PLEDGE OF ALLEGIANCE:
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
3. PROCLAMATIONS /AWARDS:
4. SPECIAL ORDER OF BUSINESS:
4.1 Presentation on Community Phone Survey
4.2 Pride of Ownership Awards — Presentation by Scott Whitham
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
7. PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR:
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Planning and Development — Request to Release Funds from Restricted
Contingency for Henry St. John Local Historic District Nomination Grant —
Resolution
8.2 Fire Department — Request to Amend Authorized Roster — Resolution
8.3 Finance /Controller's Office — Request Authorization to Cover Red Accounts —
Resolution
8.4 Finance /Controller's Office — Request to Transfer Funds from Reserved
Fund Balance to Cover CSEA Compensation Plan Salary and Benefit
Increases — Resolution
9. CITY ADMINISTRATION COMMITTEE:
9.1 Consent in Concept for Cornell University to Install and Maintain Nets
Under Certain City -Owned High Gorge Bridges — Resolution
9.2 Planning and Development /IURA — Loan Subordination and Restructuring
to Facilitate Ithaca Neighborhood Housing Services (INNS) Acquisition of Mutual
Housing Association of Tompkins County (MHATC) Housing — Resolution
9.3 Planning and Development /IURA —Waive and Subordinate City's Right
of First Refusal on Mutual Housing Association of Tompkins County (MHATC)
First Street Property to Facilitate Ithaca Neighborhood Housing Acquisition
of MHATC — Resolution
Common Council Agenda
December 7, 2011
Page 2
9. CITY ADMINISTRATION COMMITTEE (Continued):
9.4 Human Resources — Approval of Retiree Health Insurance Co- Payment —
Resolution
9.5 Finance /Controller's Office — A Resolution Authorizing the Issuance of
$4,566,000 Bonds of the City of Ithaca, Tompkins County, New York, to
Pay the Cost of Certain Capital Improvements in and for said City
9.6 Controller's Report
9.7 Possible Motion to Enter Into Executive Session to Discuss Collective
Bargaining
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Cayuga Green Project, Approval of 3rd Amendment to Purchase and Sale
Contract for Parcel `D' - Resolution
10.2 Ordinances to Amend the City of Ithaca Municipal Code to Add Chapter 160,
entitled "Design Review," and to Amend Chapter 272 entitled "Signs ", and
Chapter 325 entitled "Zoning" to Update Related Code References
A. Declaration of Lead Agency for Environmental Review
B. Determination of Environmental Significance
C. An Ordinance to Add Chapter 160, entitled "Design Review"
to the City of Ithaca Municipal Code
D An Ordinance to Amend Chapter 272 entitled "Signs Permitted in
All Districts"
E. An Ordinance to Amend Chapter 325 entitled "Zoning" Section 10
entitled "Accessory Apartments ", and Section 325 -44 entitled
"Review of Construction, Demolition, and Alteration"
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
13. INDIVIDUAL MEMBER — FILED RESOLUTIONS:
14. MAYOR'S APPOINTMENTS:
14.1 Appointments - Reappointments to Various City /Boards Committees - Resolution
14.2 Appointments to City of Ithaca Youth Council — Resolution
15. REPORTS OF COMMON COUNCIL LIAISONS:
16. REPORT OF CITY CLERK:
Common Council Agenda
December 7,,2011
Page 3
17. REPORT OF CITY ATTORNEY:
18. MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the November 2, 2011 Regular Common Council Meeting Minutes —
Resolution
18.2 Approval of the November 16, 2011 Special Common Council Meeting Minutes —
Resolution
19. ADJOURNMENT:
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 Clerk at 274 -6570 at least 48
hours before the meeting.
L 1, 1.,LC5 Orn jo
I
ulie Conley Holco b, CMC
City Clerk
Date: December 2, 2011
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Planning and Development — Request to Release Funds from Restricted
Contingency for Henry St. John Local Historic District Nomination Grant —
Resolution
WHEREAS, as part of the 2011 Authorized Budget $3,000 was placed in Restricted
Contingency to provide funds for the required cash match for the Reserve New York
Grant Program of the Preservation League of New York State for funds to engage a
consultant for survey and documentation pursuant to the preparation of New York State
and National Registration nominations for the "Henry Saint John Survey Area," and
WHEREAS, the grant was applied for in April 2011 and recently approved; now,
therefore be it
RESOLVED, That Common Council hereby approves the transfer of an amount not to
exceed $3,000 from Account A1990 Restricted Contingency to Account A8020 -5435
Planning and Development Contracts for the purposes of providing the cash match for
said Preserve New York Grant.
8.2 Fire Department — Request to Amend Authorized Roster — Resolution
WHEREAS, the Fire Department has a reduction in staffing, thus creating an
adjustment of assignments and responsibilities in the Fire Department, and
WHEREAS, the elimination of a Deputy Fire Chief position has reduced management
capacity within the Fire Department, and
WHEREAS, the areas of responsibility and the workloads of the Fire Chief and
remaining Deputy Fire Chief will need to be adjusted as needed to maintain the function
of the Fire Department, and
WHEREAS, the position of Fire Alarm Superintendent position is not funded in 2012
and the need for some of those responsibilities relating to fire protection system
inspections to be transferred to persons in the Fire Department, and
WHEREAS, the nature of code enforcement, the need for day -to -day guidance, and
quality assurance are very time intensive, and
WHEREAS, due to the resignation of a person working in a half -time position for
Financial Clerk for the Fire Department, and
WHEREAS, the Fire Department has proposed an adjustment to facilitate staffing
changes; now, therefore be it
RESOLVED, Common Council hereby authorizes the creation of an additional Fire
Lieutenant position to serve as a supervisor in the Fire Prevention Bureau, thus allowing
the Fire Chief to delegate certain responsibilities to that Fire Lieutenant, and be it further
RESOLVED, The vacancy created by the promotion of a Fire Fighter to Lieutenant will
be not be filled, and be it further
RESOLVED, One Fire Fighter position will be eliminated from the Fire Department
roster, and be it further
RESOLVED, The position of half -time Financial Clerk will be eliminated from the roster,
and be it further
RESOLVED, The position of Fire Alarm Superintendent will be eliminated from the Fire
Department roster, and be it further
RESOLVED, That the funding for the new position of Fire Lieutenant will be derived
from the existing authorized Fire Department budget, and be it further
RESOLVED, That this action is contingent on the approval of the Town of Ithaca.
8.3 Finance /Controller's Office — Request Authorization to Cover Red
Accounts — Resolution
RESOLVED, That the City Controller be empowered to make transfers within the 2011
Budget appropriations, as needed, for the remainder of the 2011 Fiscal Year.
8.4 Finance /Controller's Office — Request to Transfer Funds from Reserved
Fund Balance to Cover Civil Servant Employee Association (CSEA)
Compensation Plan Salary and Benefit Increases — Resolution
WHEREAS, as part of the authorized City budgets for 2006, 2007, 2008, and 2009, a
total of $325,000 was set aside to help fund the initial phase of the CSEA
Compensation Plan, and
WHEREAS, the Plan was implemented in 2011 with Phase I costs for salaries and
benefits expended throughout the year; now, therefore be it
RESOLVED, That Common Council hereby directs the City Controller to make all
necessary transfers to various accounts to help cover the costs of salary and benefits
for the first phase of the Plan in an amount not to exceed $325,000 from the City's
Reserved Fund Balance for the CSEA Compensation Plan, and be it further
RESOLVED, That future funding of Phase II —V of the CSEA Compensation Study will
be made part of future City Budgets 2012 -2015 as appropriate.
() WHEREAS, the City appointed representatives to (a) consult with Cornell on the
selection of an architectural firm to undertake the designs and (b) consult with Cornell
representatives as the design process and interactions with the architects and City
constituencies and campus constituencies developed, which consultation group,
augmented by representatives drawn from the Cornell community, became known as
the City - Cornell Means Restriction Working Group ( "Working Group "); and
() WHEREAS, as various designs were explored and developed by Cornell they
were presented and discussed with the Working Group, with campus and city
constituencies in forums held both off campus and on campus, and at a website
containing architectural drawings, video of design presentations, and other materials,
with the opportunity for public comment to be submitted to the website; and
(11) WHEREAS, the City accepted privilege of the floor comments at various public
meetings and held public hearings of the Common Council and the City's Board of
Public Works on July 14, 2010, and June 28, 2011, concerning the potential- use of
means restriction on high gorge bridges; and
() WHEREAS, the City and Cornell recognize and highly value the natural beauty
and majesty of the deep gorges of Fall Creek and Cascadilla Creek on East Hill, and the
scenic vistas of them from various points accessible to the public, and the special and
positive effect these gorges and vistas have on the majority of the people who live,
work, or visit in Ithaca and on the Cornell campus; and
(1 3) WHEREAS, as a result of the discussions of the Working Group, feedback during
Sketch Plan Review with the City Planning and Development Board ( "Planning Board "),
feedback from the Board of Public Works, comments at public forums, public meetings,
public hearings, and the website, Cornell took into account the public's opinions about
the value of preserving the natural beauty and their aversion to blocking or unduly
interfering with views of and from these high gorge bridges; and
(1) WHEREAS, on May 31, 2011, Cornell did timely file with the Planning Board
seven site plan review applications together with Full Environmental Assessments as
required by City and State Environmental Review laws ( "CEQRO" and "SEQRA "), for
permanent means restriction net systems designed to be installed (in all but one case)
below bridge decks such that the nets would have a minimal effect on the scenic views
from said bridges; and
('15) WHEREAS, the one bridge whose structural characteristics do not permit a
below -deck net system, the Suspension Bridge, is a Cornell -owned bridge and a vertical
net system is proposed for it; and
('16) WHEREAS, the Planning Board commenced coordinated environmental review
of the said seven site plan review applications and on July 26, 2011, declared itself
Lead Agency for the purposes of CEQRO and SEQRA; and
(17) WHEREAS, on November 22, 2011, the Planning Board as Lead Agency found
that the seven projects described in the respective site plan review applications will not
result in significant adverse environmental impacts, thereby allowing the involved City
agencies, including the Common Council, the Board of Public Works, and the Ithaca
Landmarks Preservation Commission, to undertake consideration of the projects without
further environmental review; and
(10) WHEREAS, pending consent by the City to do so, Cornell intends to pursue site
plan review approval and any other necessary approvals for the proposed means
restriction net systems for the three City bridges in addition to Cornell's high gorge
bridges, to construct and give to the City free of charge said means restriction net
systems on the City's three high gorge bridges, and to make their maintenance, repair
and other obligations of operation and ownership wholly or substantially "cost- neutral" to
the City during the term of the Agreement; and
(0) WHEREAS, the City wishes to consent to means restriction net systems- on the
three City -owned bridges, for a period of ten years, subject to site plan approval by the
Planning Board, provided that the installation and maintenance of such nets are wholly
or substantially "cost- neutral" to the City, and upon certain other terms and conditions;
now therefore be it
RESOLVED, That the Common Council of the City of Ithaca hereby adopts as its own
the findings of the Planning Board (made at the meeting on November 22, 2011) as to
the environmental impact of the proposed nets, and be it further
RESOLVED, That the Council hereby consents to the installation of means restriction
net systems upon the three, City- owned, high gorge bridges specified above, generally
in the form proposed by Cornell to the Planning Board, and subject to the terms and
conditions set forth in a proposed agreement entitled "Agreement Between the City of
Ithaca and Cornell University Concerning the Installation and Maintenance of Nets
Under Certain City High Gorge Bridges," bearing the draft date of November 22, 2011;
and be it further
RESOLVED, That the Mayor, upon consultation with the City Attorney, is hereby
authorized to execute the aforementioned agreement, on behalf of the City of Ithaca,
either in the form referred to above, or in a form essentially and substantively the same.
AGREEMENT BETWEEN THE CITY OF ITHACA
AND CORNELL UNIVERSITY
CONCERNING INSTALLATION AND MAINTENANCE OF NETS
UNDER CERTAIN CITY HIGH GORGE BRIDGES
( "AGREEMENT ")
MADE the day of , 2011, by and between the CITY OF
ITHACA, a New York municipal corporation, with offices at City Hall, attention City
Clerk, 108 East Green Street, Ithaca, New York 14850 ( "City ") acting by and through its
Common Council, and CORNELL UNIVERSITY, a New York education corporation,
attention Vice President Facilities Services, 101 Humphreys Service Building, Cornell
University, Ithaca, New York 14853 ( "Cornell ");
(1) WHEREAS, the City owns three high gorge bridges on East Hill adjacent to or
connecting within the Cornell campus, namely, the Stewart Avenue Bridge over
Cascadilla Creek, the Thurston Avenue Bridge over Fall Creek, and the Stewart Avenue
Bridge over Fall Creek; and
() WHEREAS, Cornell owns four high gorge bridges on East Hill adjacent to or
connecting within the Cornell campus, namely, the Trolley Bridge over Cascadilla
Creek, the College Avenue Bridge over Cascadilla Creek, the Beebe Dam Bridge over
Fall Creek, and the Suspension Bridge over Fall Creek; and
(3) WHEREAS, in the late winter of 2010 three young people enrolled at Cornell died
by suicide in jumps from high gorge bridges or their abutments and edge approaches;
and
() WHEREAS, on March 26, 2010, at Cornell's request, the Mayor of the City of
Ithaca declared a public health emergency, a copy of which is attached hereto as
Exh�btt' and permitted Cornell to erect and attach to City and Cornell bridges
temporary galvanized chain -link fences as means restriction; and
() WHEREAS, "means restriction" refers to a suicide prevention strategy whereby
access is restricted to the means by which a person could die or attempt to die by
suicide, such as locking up hazardous chemicals, dispensing medicines in small
quantities, removing guns from premises, or installing barriers or nets at high places
that could be used for fatal jumps; and
(6) WHEREAS, Cornell thereafter requested of the City the opportunity to study and
possibly propose plans for long -term means restriction at the seven high gorge bridges,
during which study period Cornell offered to replace the temporary galvanized chain link
fences with temporary and less visible black coated rectilinear fences on the bridges
and abutments; and
() WHEREAS, the City, acting by and through its Common Council, responded to
Cornell's request by resolution dated August 4, 2010 (a copy of which response is
attached hereto as Exhibit °`B ") by extending the public health emergency and allowing
Cornell to erect the replacement temporary black coated rectilinear fences on the
bridges on certain conditions, including the condition that Cornell file applications for site
plan review of the long -term design solutions it proposed for means restriction not later
than May 31, 2011; and
() WHEREAS, thereafter in furtherance of said resolution of August 4, 2010, Cornell
and the City signed a Memorandum of Understanding dated May 24, 2011, a copy of
which is attached hereto as Exhibit " ": and
(9) WHEREAS, the City appointed representatives to (a) consult with Cornell on the
selection of an architectural firm to undertake the designs and (b) consult with Cornell
representatives as the design process and interactions with the architects and City
constituencies and campus constituencies developed, which consultation group,
augmented by representatives drawn from the Cornell community, became known as
the City - Cornell Means Restriction Working Group ( "Working Group "); and
( ) WHEREAS, as various designs were explored and developed by Cornell, they
were presented and discussed with the Working Group, with campus and city
constituencies in forums held both off campus and on campus, and at a website
containing architectural drawings, video of design presentations, and other materials
with the opportunity for public comment to be submitted to the website; and
(1 1) WHEREAS, the City accepted privilege of the floor comments at various public
meetings and held public hearings of the City Common Council and the City Board of
Public Works ( "BPW ") on July 14, 2010, and June 28, 2011, concerning the potential
use of means restriction on high gorge bridges; and
( 2) WHEREAS, the City and Cornell recognize and highly value the natural beauty
and majesty of the deep gorges of Fall Creek and Cascadilla Creek on East Hill, and the
scenic vistas of them from various points accessible to the public, and the special and
positive effect these gorges and vistas have on the majority of the people who live,
work, or visit in Ithaca and on the Cornell campus; and
('13) WHEREAS, as a result of the discussions of the Working Group, feedback during
Sketch Plan Review with the City Planning and Development Board ( "Planning Board "),
feedback from the BPW, comments at public forums, public meetings, public hearings,
and the website, Cornell took into account the public's opinions about the value of
preserving the natural beauty and their aversion to blocking or unduly interfering with
views of and from these high gorge bridges; and
() WHEREAS, Cornell did on May 31, 2011, file seven site plan review applications
together with Full Environmental Assessments as required by City and State
Environmental Review laws ( "CEQRO" and SEQRA"), for permanent means restriction
net systems designed to be installed (in all but one case) below bridge decks with
minimal visibility and physical intrusion when looking from or to bridges, with the City's
Planning Department for review by the Planning Board; and
(15) WHEREAS, the one bridge whose structural characteristics do not permit a
below -deck net system, the Suspension Bridge, is a Cornell -owned bridge and a vertical
net system is proposed for it; and
(16) WHEREAS, the Planning Board commenced coordinated environmental review
of the said seven site plan review applications and on July 26, 2011 declared itself Lead
Agency for purposes of CEQRO and SEQRA; and
(17) WHEREAS, on November 16, 2011, the Planning Board as Lead Agency found
that the seven projects described in the seven site plan review applications will not
result in any significant adverse environmental impacts, thereby allowing the involved
agencies, the Common Council, the Board of Public Works, and the Ithaca Landmarks
Preservation Commission of the City, to undertake consideration of the projects without
further environmental review; and
(13) WHEREAS, the City has approved in concept and subject to certain conditions,
by resolution adopted on December 7, 2011, the installation of means restriction net
systems on the three City -owned high gorge bridges, subject to the terms and
conditions contained herein; and
(10) WHEREAS, Cornell intends to pursue site plan review approval and any other
necessary approvals for the means restriction net systems for all seven high gorge
bridges, to construct and give to the City free of charge the means restriction net
systems on the City's three high gorge bridges and by this Agreement to make their
maintenance, repair and other obligations of operation and ownership substantially cost -
neutral to the City during the term of the Agreement; and
(0) WHEREAS, the City wishes to consent to means restriction net systems on the
three City -owned bridges on the terms and conditions set forth herein;
NOW THEREFORE, the parties agree as follows:
1. Installation: Subject to the terms and conditions set forth at length in this
Agreement and to be associated with site plan approval, the City grants Cornell
permission to install or cause to be installed, at Cornell's sole expense, the said means
restriction net systems designed for the three City -owned bridges respectively,
substantially as presented to the Committee of the Whole of the City's Common
Council on November 30, 2011, being also substantially the same as currently proposed
to the Planning Board. Means restriction net systems shall refer to nets, supports,
hardware for attachment, any signage, heat sensing or other security, electronic and
telephonic equipment ( "means restriction net system(s)"). Unless specifically indicated
to the contrary, the provisions of this Agreement shall apply only to the means
restriction net systems for the three City -owned high gorge bridges on East Hill.
The permission granted herein is subject to:
A. Final Site Plan Approval and a Recreational River Permit (where
applicable), granted by the Planning Board, for means restriction net system(s) in
substantially the same form as presented to the Committee of the Whole of Common
Council on November 30, 2011. If such approval or permit calls for systems or a
system of a substantially different appearance or function with respect to the three City -
owned bridges, further consent of Common Council shall be required, unless waived by
Common Council, as provided in Paragraph 1. G. below.
B. If required, a Certificate of Appropriateness by the Ithaca Landmarks
Preservation Committee with respect to the portion of the project area of the - Stewart
Avenue Bridge over Fall Creek located within the Cornell Heights Historic District.
C. Cornell's prompt removal of the temporary black rectilinear wire fence
from each bridge where it is currently installed when the long -term means restriction net
system on such bridge has been installed by Cornell and then accepted, by the City and
Cornell in the case of the City -owned bridges, or by Cornell in the case of the Cornell -
owned bridges. The City confirms that Cornell may continue to maintain the temporary
black rectilinear wire fence at each of the seven bridges where it is currently installed
until such time as the long -term means restriction net system on such bridge has been
installed and accepted, however, notwithstanding the above, Cornell agrees to remove
the temporary black rectilinear wire fence at each bridge which does not have an
installed, inspected and accepted long -term means restriction net system installed on it
by November 30, 2013. Such date is subject to the provisions of Paragraph 9
concerning extension and tolling.
D. Approval of the general contractor and major subcontractors selected by
Cornell to work on City -owned bridges by the Superintendent of Public Works or his or
her designee, in writing and subject to Paragraph 10.
E. Approval of the designs' engineering details and specifications (including
but not necessarily limited to size of openings in net mesh, and caliber of net mesh of
attachment to City property) and substantive changes to them, if any, by the
Superintendent of Public Works and the Chief of the Ithaca Fire Department or his or
her designee, in writing subject to Paragraph 10.
F. Review and comment on Cornell's contract documents prepared for letting
the contract out for bid for such installation on City property by the Superintendent of
Public Works and City Attorney, subject to Paragraph 10. Cornell agrees that the
contract documents with respect to the three City bridges shall contain the requirement
that the contractor and subcontractors shall meet the prevailing wage and any related
benefit requirement to which a public work and the City's contractors would be subject if
the City were letting the contract. The Superintendent of Public Works or his or her
designee shall also have the opportunity to participate in all City bridge - related job
progress meetings, to review and comment upon change orders (except substantive
changes to engineering details and specifications shall require his or her approval),
coordination of access and traffic control, and other reviews and consultations ordinarily
discussed with an owner's project construction representative.
i. Cornell shall reimburse the City for the reasonable cost and time of staff
and any City consultants hired by the City to perform the foregoing approvals,
participations, consultations and reviews, subject to Paragraph 12. _
ii. Cornell shall require contractor liability insurance in the amount of not less
than $10 Million and the City shall have the opportunity to review the terms and
conditions of the contractor liability insurance to be carried by the construction
contractor and any major subcontractor, which insurance shall name the City as
additional insured and provide a waiver of subrogation in favor of the City and
Cornell.
G. Cornell shall keep the City apprised of any design refinements and
changes made (and whether or not at the suggestion of the Planning Board or pursuant
to a condition of the site plan approval by the Planning Board) but only if they or any
one of them substantially affect the overall appearance or functioning of a means
restriction net system designed for one or more of the three City -owned bridges
respectively ( "substantive change ").
i. If there is any such substantive change, the Common Council may, by
resolution passed within 35 days of the notice of the substantive change, elect to
re- examine its December 7, 2011, approval in concept, in light of the substantive
change, and may thereafter modify or withdraw the approval granted but only
with respect to the City bridge or bridge(s) affected by the substantive change,
and only if such action to modify or withdraw approval is taken by resolution
within a further 35 days from Common Council's resolution to re- examine.
Failure to act or to pass either the first or the second resolution within the time
limits stated for each shall constitute a ratification of the substantive change.
ii. If there is a dispute between the parties as to what constitutes a
substantive change substantially affecting the overall appearance or functioning
of a means restriction net system designed for one or more of the three City -
owned bridges, then whichever party believes there is a dispute shall notify the
other in writing as provided in Paragraph 11, below, and the same shall be
resolved by streamlined binding arbitration by a panel of three persons, each of
whom is either a licensed architect or licensed engineer. One person shall be
appointed by the City, one by Cornell, and the third selected by the two
appointees of the two parties. The parties shall appoint their respective panelists
within 10 days of the delivery of the written notice that a dispute exists and the
third shall be appointed within a further 10 days. The panel shall be convened
and make its determination by decision of any two of them in writing within 10
days of appointment of the last of them. The parties agree to cooperate with the
panel expeditiously, meet with it as necessary, answer its questions and provide
any other information, including information reasonably requested by the panel.
The expense of the arbitration shall be divided equally between the parties. If the
either of the parties is unable or unwilling to comply with the above streamlined
arbitration procedure, then the other party may refer the dispute to binding
arbitration under the auspices and rules of the American Arbitration Association.
2. Responsibility for Rescue and Rescue Training Apparatus:- The
responsibility for any rescue or other life- safety response or incident and the training of
first responders involving or occurring near to the means restriction net systems on any
of the seven bridges shall remain the responsibility of the City and no protocols or
responsibilities shall change expressly as the result of the addition of the means
restriction net systems on either Cornell- or City -owned bridges. This provision is not
intended to prohibit the ordinary refinements of procedures and protocols that typically
and continuously evolve over time. It is agreed that because of the existing
infrastructure associated with the Cornell Blue Light system on campus, any heat
sensing or other security, electronic or communications equipment to be installed as
part of the means restriction net systems shall be connected to the Cornell Police, such
that any data therefrom is transmitted automatically to the Cornell Police. Upon receipt
of any such data, or report from a witness, the Cornell Police shall immediately contact
and relay such information to the Tompkins County 911 Center. The responsibility of
any City agency to respond to an incident so detected shall commence only upon the
successful, confirmed contact of the Tompkins County 911 Center by the Cornell Police.
The process described in this paragraph shall be followed unless and until a different
routing of systems and information is established by mutual agreement of the parties.
The method of routing or subsequent change in routing shall not alter ownership where
such equipment is located on City -owned property or right of way, nor the responsibility
for maintenance and repair as provided in Paragraphs 4 and 5 below.
A. Cornell shall cause to be designed and installed at its expense, a net
system training apparatus to simulate the condition of means restriction nets for rescue
at the City of Ithaca Fire Department's training facility at no cost to the City. The plans
and specifications shall be approved by the Chief of the Ithaca Fire Department and the
Superintendent of Public Works or his or her designee, subject to Paragraph 10.
B. Cornell agrees to pay the City for the cost of initial training of Ithaca Fire
Department personnel and any other first responders potentially expected to be
involved in rescues and recoveries with respect to all seven high gorge bridges. Such
payment shall cover the cost of actual paid work time and any out of pocket cost for use
of any equipment subject to Paragraph 12. Thereafter Cornell shall not be obligated to
pay for the cost of on -going periodic training and training for new personnel. The City
agrees that on- going, periodic training and training for new personnel will be worked into
regular training programs without cost to Cornell.
3. Ownership: Following completion of means restriction net systems on the
three City -owned bridges and the training apparatus on the Ithaca Fire Department
training facility and pre- acceptance inspection, any testing, and acceptance from the
contractor by Cornell, Cornell shall turn over ownership to the City, together with all
warranties and representations of the designers, manufacturers, and construction
contractors that are assignable to the City. Turning over ownership of the net systems
on the three City -owned bridges may occur individually or all together, however it is
anticipated that the training apparatus will be turned over by mutual agreement of the
parties on a date before construction of the net systems on any one or more of the
bridges commences. Acceptance by the City of any heat - sensing or other security,
electronic or communications components of the net system(s) may, at the City's
request, be handled separately from the remainder of the system(s) and be contingent
upon reasonable demonstration of that component's functionality. Upon turning over to
the City the ownership of such net systems and training apparatus respectively, they
shall each thereafter be and remain City property and components of the three City
bridges and the training structure, together with all portions of the systems providing
heat sensing or other security, electronic or communications equipment or portions
protecting access to abutments and bridge sub - structure that are located on or attached
to City property or within City road and bridge rights -of -way as part of the installations of
the means restriction net systems. Wherever proposed heat sensing or other security,
electronic or communications equipment is located on or attached to Cornell property it
shall remain Cornell property. Thereafter the City agrees to keep the improvements that
were turned over to it in a good state of repair and maintenance and to a standard at
least equivalent to that provided by Cornell for the means restriction systems on
Cornell -owned bridges.
4. Maintenance and Repair C'M &R ") Cost: Cornell agrees to reimburse the
City for the reasonable costs of the City's M &R of the net systems that are located on
City -owned bridges, property or rights of way, and of the training apparatus at the
training facility. Costs shall include but are not necessarily limited to the cost of
inspection, repair or replacement of damaged net, net supports and hardware, painting
and touch -up, new net or other systems at below- bridge deck areas restricting access to
bridge abutments and sub - structure, and all auxiliary systems such as thermal sensing
system, and retrieval and disposal of any objects found in the nets whether natural or
human -made and whether deliberately or accidentally thrown or falling into the nets
(collectively "Maintenance and Repair," "M &R "). All such costs associated with the
means restriction net systems shall be reimbursed, subject to Paragraph 12 below, to
the City by Cornell except that the City agrees to provide routine or other washing of the
net systems on City -owned bridges at the same time that it performs bridge washing at
no expense to Cornell. However, to the extent that any highway maintenance and
repair assistance from the state or federal governments covers or may cover the M &R
of the means restriction net systems on the three City -owned bridges, the City agrees to
apply for the same and if granted, to credit the amounts received for M &R for the net
systems in reduction of the M &R costs Cornell is obligated to reimburse to the City.
5. Coordination of M &R Activities: The parties recognize that reasonably
promptN &R may be desirable to maintain the nets' function, prevent unsightliness, and
deter any future deterioration or instances of throwing items into the nets. The parties
also recognize that a reasonably consistent standard of care across the means
restriction net systems on the bridges owned by both parties sends a message to the
public and bridge users about the respect for the systems and seriousness of their
purpose. The parties also recognize that opportunities for mutually beneficial cost
savings may exist if they coordinate the tasks of M &R at their respective means
restriction net systems to the extent practicable. To further such goals:
A. The parties agree to make members of their respective professional staffs
available as soon as mutually convenient after the execution of this agreement and for
them to develop in concert with each other, a mutually satisfactory written summary
process and guidelines (hereafter "Process and Guidelines" or "P &G ") for coordinating
M &R, the draft P &G to be prepared before the completion of the first of the net systems
to be installed on a City -owned bridge. The purpose of the P &G is to develop
efficiencies and keep M &R costs as low as reasonably possible for both the City -owned
and Cornell -owned net systems, while meeting the parties' shared goals for safe,
functional net systems that are reasonably free from visible wear and tear and unsightly
objects. The P &G are not intended to be contractual or need the parties' formal
ratification. They may be in the form of a letter memorandum and may further evolve
over time as the respective staffs of the parties gain technical and practical experience
with the net systems. The P &G should describe how to:
L identify reasonably needed M &R including object retrieval and disposal,
approximate frequency needed, and guidelines for what constitutes an
emergency need;
ii. identify best practices and methods of MR;
iii. coordinate the scheduling of both planned and, where feasible, unplanned
M &R to conserve resources and realize cost savings;
iv. coordinate the use of contractors and other resources such as rented
equipment to reduce overall costs;
V. outline generally how the value of a City employee's time spent on work
that is reimbursable by Cornell under this Agreement shall be determined; and
vi. handle any related matter that serves the purposes of M &R.
B. Thereafter, each party shall designate one to two members of its
professional staff to serve as its coordinator(s) ( "Coordinator ") for the purpose of
administering any M &R of that party's net system in accordance with the P &G and
coordinating with the other party's Coordinator. Coordination is meant to be informal
and expeditious, such as by telephone call or e-mail, and conducted in the spirit of
professional courtesy and neighborly cooperation.
C. Except in the case of emergency, it is expected that M &R will be first
discussed and not performed without a reasonable time for coordination of tasks,
contractors, equipment rental, and the like, by the party's Coordinators. Neither party is
obligated to obtain the consent of the other party for MR; rather each party is
ultimately responsible to determine when and if M &R are needed, after observing the
P &G.
D. Subject to Paragraph 12 below, Cornell agrees to reimburse the City for
the actual time of the City staff devoted to the preparation of the P &G and actual time of
the City staff employee(s) spent serving as Coordinator. Cornell shall also reimburse
the City for the actual cost of a M &R job, whether executed by City employees or a
contractor employed by the City (including any advertising and other costs associated
with letting a contract out for bid and staff time to supervise or administer the job or
contract).
E. Prior to seeking reimbursement from Cornell for any M &R due to damage
or vandalism or other condition or occurrence to the net system, the City shall first seek
coverage under its property damage insurance policy, the proceeds of which shall be
applied first to the cost of such M &R and Cornell agrees to pay the City's deductible (or
the portion of the deductible attributable to the nets' damage in the event insured
damage to City property is greater than to the net system alone). The City agrees to
provide a waiver of subrogation in favor of Cornell in connection with any such property
damage claims. If damage is covered by such property damage insurance but the
damage is not such that it requires repair for functional, safety, or aesthetic reasons,
then the proceeds shall be applied on behalf of Cornell to the next expense of M &R for
which Cornell would be obligated to reimburse the City.
6. Insurance Generally: The parties acknowledge that the maintenance of
comprehensive premises liability insurance and property damage insurance are the
prudent and appropriate methods to protect municipalities and educational institutions
from the risks of owning and operating their extensive facilities.
A. Cornell agrees to reimburse the City for any future increases to premiums
of premises liability and property damage insurances levied expressly and solely due to
the inclusion of the means restriction net systems among the City's premises and
property and not due to generalized premium increase, to increased coverage and /or
reduced deductible, or to claims history involving other premises and property of the
City overall and not specifically the City -owned means restriction net systems.
B. The City agrees not to substantially change or alter its property damage or
premises liability insurance or their coverages or deductibles or self insured retention or
named insureds or waivers of subrogation relating to or affecting this Agreement and
the means restriction net systems on City -owned bridges (collectively "Coverage ")
without first notifying Cornell and providing Cornell with the opportunity (but not the
obligation) to take steps to keep such Coverage the same as or similar to before the
proposed change or alteration, at Cornell's expense, with regard to the Coverage
available to apply to M &R or to a judgment arising from, and property or personal injury
or death connected with, the means restriction net systems on City -owned bridges and
the defense thereof. The City agrees to provide annually to Cornell a copy of the
declarations page of, or certificate of insurance for, each relevant insurance policy.
7. Premises Liability for Means Restriction Net Systems: Based on the
available information, Cornell does not expect that claims for injury or death caused by
or related to the means restriction nets on City -owned bridges are likely, or if brought,
are likely to be successful. The existence of nets may be likely to reduce risk of injury
or death off bridges. The City's current insurer has acknowledged that as City property
the means restriction net systems beneath City -owned bridges are covered by its
premises liability insurance policy. The City represents that its current premises liability
policy provides first dollar coverage (no deductible). The City agrees to name Cornell
as an additional insured and provide a waiver of subrogation in Cornell's favor. In the
event that the City's premises liability insurance coverage has a deductible or self -
insured retention in the future, then Cornell agrees to pay the deductible or self - insured
retention in connection with a judgment arising from, and property or personal injury or
death connected with, the means restriction net system on City -owned bridges (or the
portion of the deductible or self insured retention attributable to the net system in the
event the cause of the injury or death is determined to be due to more than to the net
system alone), provided:
A. the deductible is the same deductible that applies to any judgment arising
from, and property or personal injury or death connected with any other premises and
property owned by the City; and
B. the City has complied with Paragraph 6. B. above with respect to any
increase in the policy's deductible or self insured retention;
C. the City agrees not to settle or agree to a settlement on the City's behalf
by any of its insurers, claims adjusters, or legal representatives without Cornell's written
consent, which consent shall be determined as quickly as is practical, and subject to
Paragraph 10, below. This provision shall not affect Cornell's obligation to pay the
deductible following final judgment, provided, however, that the City shall have notified
Cornell of all substantive settlement discussions and settlement demands and offers,
and shall have considered any input Cornell may provide in connection with such
settlement discussions.
8. Other Matters: The parties acknowledge that there are related
topics which do not require definitive resolution at this time and /or are
administrative or legislative functions, but which the parties will meet to discuss
and fully address as soon as expeditiously as possible hereafter. The parties
agree, each at its own expense, to name up to three individuals to a committee to
study and, within 60 days of execution of this Agreement, to report
recommendations to the parties, concerning:
A. Public education about the nets and their purpose to be planned
and delivered sensitively and carefully to help insure that the nets are understood
and respected by those on and off campus and especially by newcomers to the
community.
B. Reasonably consistent provisions in City Code and Campus Code
regarding tampering with or misusing the net systems owned by both parties and
the gravity of penalties and other consequences of doing so.
C. Consistent and effective strategies to enforce prohibitions against
vandalism, pranks, and other misuse of the net systems and apprehend those
who are alleged to violate the prohibitions.
Thereafter, the parties agree to jointly implement the recommendations
addressing "A" and Cornell agrees to pay the out of pocket cost for the agreed upon
public education materials and media. Also, each party agrees to adopt and implement,
at its own cost, such measures as it, in its sole discretion and in good faith, finds
reasonable, appropriate, and lawful to address the recommendations for "B" and "C"
above. The parties acknowledge that the success of the means restriction net systems
and their ease of integration into the landscape and culture of the City and the Cornell
campus are dependent on their good faith efforts and diligence singly and jointly as
appropriate to implement changes with respect to all three topics.
9. Term of Agreement: This Agreement, and each of the respective parties'
undertakings herein, shall be for a term to commence upon execution of this agreement,
and cease on the earlier of (a) the elapse of ten (10) years, measured from the day that
ownership of the first means restriction net system on a City -owned bridge is turned
over to the City; or (b) November 30, 2013 (or later date if extended or tolled as
provided below), which specified date shall apply only if Cornell has not, by November
30, 2013 (or later date if extended or tolled), constructed and turned over to the City (or
is not in the process of constructing with deliberate speed and in good faith) all the
means restriction net systems so proposed for City -owned bridges (during which time of
construction the date shall be extended accordingly). The parties agree to execute a
Memorandum of Commencement of the date that the first means restriction net system
installed on a City -owned bridge is turned over to the City and attach it to this
Agreement. Furthermore, the alternative date of November 30, 2013, shall be tolled to
the extent that and during the period that (a) any court proceeding or action challenging
a permit, approval, or consent or an environmental review procedure granted to or
pertaining to one or more of the seven means restriction net systems is pending (and
whether or not stayed or enjoined by the court or operation of law) together with the
period allowed for appeal or (b) any strike, act of war or rebellion, act of nature, extreme
weather or other force majeure prevents Cornell from performing or makes it impractical
or unreasonably expensive for Cornell or a contractor or supplier to perform in a timely
manner. If at least one, but not all of the means restriction nets systems on the three
City -owned bridges has been installed and turned over to the City by November 30,
2013 (or later date if extended or tolled as provided above), then this agreement shall
remain in effect with respect to those which have been turned over to the City but shall
cease with respect to any that were not installed and turned over to the City by
November 30, 2013 (or later date if extended or tolled).
The term of this Agreement shall not be deemed extended by reason of any
failure or neglect to extend or renew it; it may only be extended by a new agreement,
duly signed by the authorized representatives of each party. If at any time within six
months prior to, or three years after, the end of this Agreement, the City so requests in
writing in accordance with Paragraph 11, Cornell shall, at Cornell's expense, cause the
means restriction net systems on the three City -owned bridges to be dismantled and
removed and any damage at points of attachment or otherwise to be repaired, within six
months of any such request (preparation of plans, getting contractor under contract,
mobilization, weather and other conditions permitting). With respect to dismantling and
removal, Cornell agrees to provide the Superintendent of Public Works or his or her
designee with the same opportunities for approval or review and comment and to
provide the same cost reimbursement and contractor liability insurance as are provided
for in Paragraph 1.D., 1.E., 1.F. (including 1.F. i. and ii.) above, with respect to
installation. Cornell may leave in place any auxiliary security and communications
systems where the equipment is located on property owned or controlled by Cornell and
that was not turned over to the City previously. If the City wishes to have the
salvageable material and equipment that are to be removed from City property, it may
so notify Cornell at the time it requests removal, provided however, that the City shall
pay Cornell for the difference between the contract price for a straight removal with
minimal salvage capability and a removal undertaken specifically to retain the maximum
reasonable salvage.
10. Reviews and Approvals: Whenever one party is required to review and
comment, or to approve a matter as provided or implied in this Agreement, it shall act
reasonably, in good faith and in timely manner, and not unreasonably or arbitrarily
disapprove or delay matters that require approval. It shall communicate any
reservations or objections in writing (by letter or e -mail) to the other party without delay,
and work with the other party to the Agreement to attempt to work out differences,
reservations and compromises in a reasonable and expeditious manner.
11. Notices: If either party needs to, or believes it needs to, formally notify the
other of a matter relating to or concerning this Agreement or the means restriction net
systems on either party's bridges, such as a communications breakdown, an alleged
failure to abide by or controversy over the meaning or applicability of a term or
condition of this Agreement, such party shall notify the other in writing and deliver the
same by hand or by certified and return receipt mail or by national overnight delivery
service to the address listed below, or to any different address subsequently provided in
writing by the other party:
If to the City, to
City Clerk
Ithaca City Hall
108 East Green Street
Ithaca, NY 14850
If to Cornell, to
Vice President Facilities
101 Humphreys Service Building
Cornell University
Ithaca, NY 14853
12. Payments: Whenever one party is required to pay or reimburse money to
the other (hereafter the "Payment "), the party requesting the Payment shall do so in
writing and supply supporting documentation describing the purpose and work
performed or expense incurred, and if applicable, by whom, the hourly or daily rate as
appropriate, and how the Payment requested was calculated. The party requesting
shall answer any questions or supply additional documentation that is reasonably
required and promptly requested by the party paying. The party paying shall remit the
Payment by check or direct deposit within 25 days of receiving the request and the
complete supporting documentation. Requests for payment shall be made not more
than 4 months following the close of the financial year in which the requesting party
incurred the expense.
13. Completeness, Headings, Reformation: This document represents the
complete Agreement by and between the parties with respect to the means restriction
net systems on the three City -owned bridges described herein. The paragraph
headings are for convenience only and are not part of the Agreement. If it should later
be determined that any portion of the Agreement is unlawful as determined by the final
and un- appealable judgment of a court of competent jurisdiction or by mutual
agreement of the parties, then the unlawful portion shall be excised and not have any
effect on the validity of the balance of the Agreement or on its overall purpose and
intent. The parties agree either that the said court shall reform the Agreement on their
behalf or that they may mutually agree to reform the Agreement by a reformation
amendment duly executed by each of them, such that by either method the overall
purpose and intent is preserved and the Agreement is remade whole and functional
without such unlawful provision, providing however, that no such reformation may
increase the liability or obligation (monetary or otherwise) of either party without its
express consent.
IN WITNESS WHEREOF, the parties have here unto set their hands and seals,
the day and year indicated next to each signature.
City of Ithaca, by:
Date:
Name
Title
Cornell University, by:
Date:
Name
Title
&1t
From: Mayor Carolyn K. Peterson
Date: ]-k4arch26,2010
MAYOR'S 1,*.,,';1',,V1ERGENCY DECLARATION
In the past several weeks, three persons havejuniped or fallen to their deaths from bridges across
Ithaca 's gorges. In response, Cornell University placed tall, chain-firik f. antes orl three bridges it
owns, as an atterript to deter such incidents. At the same thee, Cornell has asked me to exercise
a mayor's emergency authority to allow the erection of such temporary fences on three City-
Owiled bridges,
Included in the list of the "powers and (Itifies" of the Mayor, i.n. Section 4-1 of The Cjty's
Muni.6pal Code, is the authority to "declare the existence of an emergency affecting the lfft,
health, or safety of inhabitants of the city and, except as otherwise specifically provided by law,
perform all acts necessary for the protection of such inhabitants, and execute a] I necessary
docurnents to effectuate This authorization."
Cornell asserts that an emergency situation exists as a,result of the series of apparent suicides
frog bridges, creating the risk of a phenomenon known as "suicide contag ion. "and that barriers
on bridges serve as an effective. deterrent in such a situation,
I am not a scientist or professional in the field of humati behavior and catinot make a quick or
certain determi.mation as to the soundness ot'such theories. However, I recogni7e the tragedy of
YOLU1,(Y tivcs cut s.hortiti this way and I respect that Cornell sincerely wishes to take actions as an
institution that could reduce the risk over the near term, while other rapproaches are explored.
I arn therel'bre declaring the existence of an emergency with regard to the danger that a recent
StrilW I --
, 01"appaIVIR bridge suicides could prompt other such incidents, especially aniong college
students who face special pressures.
Pursuant to my authority under Section 4-1 of the Citi, Code, I have granted permission to
Comel I to install tempon ry Fences on the two City-owned bridges on Stewart Avenue (over Fal I
Creek and Cascadi Ila Creek), as wel I as the Thurston Aven Lie bridge. Eachoftliesef jicesswill
be temporary, for the dUration of the Spring sernt�sterl. and must be removed by Cornell by June
4, 2010. The cost olinstallation, niainteriance, removal and resloration will be solely Cornell's.
The question of what, if any, steps are appropriate 1, or governnient to take with regard to this
issue is a difficLift and controversial one, and certainly a le- .tine ate one l,()r public debate. T'he
steps I am taking under my emergency authority are temporary and strictly firnited in tirric, so
that proper consideration (If various concerns can occur before any long-term actions are wkcm
For that reason, any further decisions about barriers on City bridges will be considered and rriade
according to the City's normal procedures, involving environmental review, site plan review,
public comment and debate, and -votes by the appropriate City entity, or entities, I encourage all
concerned Ithacans to participate in that discussion.
RAI
rF E .,z
a
10.2 Declaration of Continued EMRiAqnUAtLq r o c i i v y
I r_poraryfenqqs on Gorge ri - Resolution
WHEREAS, the high bridges across Ith 's gorges have provided spectacular and
inspiring views of the it r and its environs, and a unique and important nt window for
residents and visitors into the natural beauty (if the gorges and the gar zi's geologic
history; and
WHEREAS, these same bridges (across Fall Creek and Cascadilla Creek) are located
adlao nit to, within or between areas of the Cornell University campus, providing the
most- hc.� avi y used r` to ans of accessing the central oarnlr us, by vehicles and/or
pedestrians: arid'
WHEREAS, three of the bridges in question are owned and maintained by the City of
Ithaca. rnd five are owned and rra airrtrrinod by Cornell university; and
WHEREAS, l:::AS, those same, eight bridges have also been the sites, over the years, of
deaths acid injuries, both as a result of accidental fails and intentional leaps, with
approximately one-half of the suicidal jLIMPS involving college students; and
WHEREAS, , ir) the past 20 years, there have been 29 jumps or falls from these bridges,
with 27 being fatal and the other two resulting in serious injury; more than half of these
were frorn City -owned bridges, s, and the vast majority of these incidents were d ern d to
be suicidal; and
WHERE-AS, in early 2010, within a one--month period, three known of probable suicides
OCCUrr d from two of these high bridges, the last two within two days of each other In
M arcl°r; and
'01HEREAS, Cornell officials, in emergency consultation -- immediately after these thre
incidents - with P rofessionals who study suicide and/or work oil its prevention,
COrrctud(d that the incidents likely represented a "suicide cluster" and were both the
result of and the continuing cause of a "suicide contagion," and further that ltl°r c 's and
Cornell s high bridges likely re r sorrtrud "iconic" suicide sites kn vin to attract
vulnerable people, especially vulnerable Young people, potentially resulting in forth r
impulsive suicide att milts, ' n succession, after publicity about previous suicides from
the same iconic site, arid, further, that swift emergency action should be taken to place
physical dr,,�terrents to impulsive suicide attempts, in the form of barriers on the high
bridges; an€::l
WHEREAS, in March h 01 , Cornell closed or erected temporary, erriergency, chain-link
fjrr, its own bridges across the Fall Creek and Cascadifla Creek gorges, without
going through the City's normal environmental review and site plan permitting procedure
(as sr.rct`r steps would have resulted in a delay Cornell officials believed Would have
created are unacceptable risk of still rnore loss of life); and
WHEREAS, in March 2010, Cornell officials met with City of Ithaca Mayor Carolyn
Peterson, as the reSUlt of which Cornell Vice President Kyu- Jung Whang sent a letter to
City of Ithaca Mayor Carolyn Peterson on March 26, 2010 explaining the need for tile
University's actions and requesting that the City allow Cornell to place similar
emergency fences on the three City-ownecl bridges in question; and
WHEREAS, the placement of a fence or other barrier on a bridge is an action normally
subject to the City's site plan review and other permitting procedures, as well as
environmental review (per, City and State law), and is exempt from Such review only if it
is temporary (of short duration and reversible) and of an emergency nature; and
INHEREAS,can March 26, 2010, the it exercised her authority under Section, 4-1 of
the City's Municipal Code, and declared that the string of recent, apparent suicides and
the accornparvying risk of a suicide contagion that could lead to further harm constituted
an emergency affecting the life, health or safety of inhabitants of the City," and that for
that reason she was granting permission to Cornell to install temporary fences on the
three City bridges (at Cornell's sole cost), without the normal review and permitting
process, but only until June 4, 2010; and
WHEREAS, during April 2010, Cornell contacted three experts in the field of studying
suicide and its prevention: Annette L. Beautrais, Ph.D., Senior Research Scientist,
Department of Emergency Medicine, Yale University School of Medicine; Madelyn S.
Gould, Ph.D., M,P,H, Professor, Psychiatry and Public Health (Epidemiology), Columbia
University:, arid Eric D, Caine, M,D. Professor and Chair, Department of Psychiatry,
University of Rochester Medical Center, and further Cornell asked theni to Study and
visit the Cornell caMPLIS and City of Ithaca, to consult with leaders at the university and
in the City, to provide information and opinion about current research and best
practices, to assess the risks and challenges faced in the City of Ithaca both oil rand off
campus, arid to make recommendations on how the University and the City of Ithaca
could address lhese challenges; and
WHEREAS, during early May 2010, these three experts spent several days in Ithaca,
during which firrie, among other activities, they met with the Mayor and other leaders in
City government at City Hall, arid held. a public forum to which a large number of City
and Cornell officials and leaders were invited, for the purpose of sharing their
perspectives about suicide and suicide prevention, as well as receiving and answering
questions froar the audience", arid
WHEREAS, ire n-aid-May 2010, Cornell officials advised the Mayor and other City officials
of tyre experts' oral conclusions and recommendations, which included the strong
recommendation that temporary fences on the City-owned and Cornell -owned bridges
should remain in place while pen-nanent, more suitable arid aesthetically-accepf able
means restrictions that could be placed On Or Under the bridges were explore(],
designed, and reviewed through the normal process of site plan, environmental, and
othei review and approval f!)rocedufes; and
WHEREAS, Cornell has acknowledged that the temporary chain link barriers on the
bridges (which Cornell believes needed to be installed within a matter of days, using
readily-available materials, to address the risk of further suicides) and their z)ssociato -pct
top armature sections are not attractive and do not take into account the aesthetic value
of the bridges or the desirability of preserving important views from the bridges; and
WHEREAS, Cornell proposed, in a letter dated May 27, 2010 from Vice-President
SUSaf) MUrphy to the Mayor, it-tat the chain-link fences on the City bridges should be
permitted to rernain for 10 more weeks after they had previously been scheduled to be
removed (on Jurie 4, 2010), during which period Cornell and City representatives could
work closely together it) order to (briefly surni-narized):
gain ri-tore knowledge about means restriction on bridges as a way of
addressirig Suicides or the suicide contagion phenorl"terion in a community like Ithaca,
b, consider now the important viewing and other aesthetic amenities of the high
bridges CXXI[c] be preserved in conjunction with a means restriction approach,
c, review designs for more visually acceptable temporary, ernergency fence
materials,
d. consider a ITILIfually agreeable timetable for the more ViSLIally acceptable,
ternporary, emergency fence material to rernain on the bridges, while permanent means
restriction approaches and potential solutions were discussed, designed, and reviewed
through the normal process of site plan, environmental, and other review and approval
procedures; arid
WHEREAS, on June 2, 2010, the Common COUTICil adopted a resolution entitled
"Cornmon Council Declaration of Emergency and Authorization of 10-week Extension
for Existing, Temporary Fences on Gorge Bridges"; and
V%IEREAS, since June 2, 2010, representatives of the City, including elected and
appointed officials and senior-level staff have met frequently with representatives of
Cornell, have exchanged information including: (a) the three consultants' "Basic Report"
when it became available in arid- June, (b) the three consultants' "Extended Report"
when it became available in early July, (c) data on suicidal jumps and accidental deaths
from the gorge bridges, (d) bridge by bridge analyses of the views and other amenities
from bridges and how they might be preserved in conjunction with both ternporary and
permanent means restriction approaches, features of their failings and whether they
contribute to of deter potential jumps or accidental falls, (e) descriptions of Cornell's on-
going mental health and safety counseling and other programming for Students, (f)
samples of temporary fence material that Could be installed in place of chain link
rnaterial, including installation features and modifications to It that Would preserve some
viewing opportunities and other aesthetic qualities of the bridges while temporarily on
bridges; end
WHEREAS, on July 14, 2010, the Common Council and the. City's Board of Public
Works conducted a special, joirit meeting to which members of other City boards and
committees as well -cis the public were invited, and at which representatives of the City
-k they had been doing, sumniarized the informatiori they
arid Cornell explained fhe wot
had exc-I ianged, explained Cornell's rationale for and request that temporary emergency
fencing remain sari the bridges - but in a more aesthetic form, and at which questions
and comments from other City officials and from the general public were entertained by
representatives, ofthe City and Cornell-, and
WHEREAS, the temporary fence material proposed by Cornell to -be installed (at
Cornell's sole cost) in place of the existing chain link fence material is less reflective,
does not have armature at the top, has viewing "portholes" at various heights and
intervals to allow viewing and picture taking without wire, is lower in height than the
chain linik frence it would replace, and overall has a lighter weight appearance arid a
more architectural look than the industrial, heavy look of the chain link fence, and such
ell a r e.rc,.teristics mitigate to the extent practicable (given the temporary nature and
PUI-POSe) tile effects of fencing oil the irnpoilant views previously available 'from the
gorge bridges, and makes the proposed fencing less apparent when the bridges are
viewed front the gorges and from other areas near the bridges, and further the
temporary fence material can be installed and subsequently rernoved without alteration
or damage to the existing bridges-, and
WFIEREAS, there appears to be sufficient expert evidence and opinion about the
possibility of an ongoing 'suicide con tagion"iii the City of Ithaca., and about the lingering
effect of recent media attention and resultant notoriety of the high bridges in Ithaca
making them potentially "iconic" suicide sites, which could increase the risk of suicide
attempts from them, to constitute a continuing emergency affecting the life, health or
safety of the inhabitants of the City of Ithaca, and
WHEREAS, Cornell indicates that it remains committed to exploring (and, ultimately,
proposing, for full review and public comment), during the extended emergency period
provided for herein and in close collaboration with City representatives, creative, Jong-
term means restrictions (including at least one sub-strUC AUre pre-schernatic design per
bridge) for each of the bridges in question intended to deter impulsive jumps (and/or
their irijurioux-, results) while also preserving to the greatest extent practicable the
aesthetic attributes of the bridges and the irnportant views available from and of there;
now thei,(4ore be it
RESOLVED, That the Cornmon Council hereby declares that a threat to the Safety or
life of certain City residents and visitors appears, to continue to exist in the 'form of a
possible suicide contagion focused on the use of the high bridges across Ithaca's
gorges to end one's life in a public manner 'from an iconic site, which risk justifies
temporary continUation of the afore- mentioned emergency actions (not contingent upon
the normal review and permitting procedures) to deter irnpulsive jumps frorn such
bridges-, and be it further
RESOLVED, That, subject to the conditions set forth below and execution of the
Memorandum of Understanding referenced below, the Common COUncil hereby
authorizes Cornell University to continue to maintain temporary fences on the two City-
owned bridges on Stewart Avenue (across Cascadilla Greek, and Fall Creek) and tile
City-owned bridge, or) Thurston Avenue, and on the afore-mentioned Cornell-owned
bridges, providked that by no later than Ai,.jgust 20, 2010, Cornell, at its sole cost, shall
replace the existing chain link material. of each of the fences with the Designirnaster 6-
g r- laterial described at the July
au �Ahfe, vinyl-,coat d black rectangular panel fence n
14, 201 0 public meeting (or with a substantial equivalent to that manufactured by
Designmaster, from a different manufacturer), which new material shall provide for a
variety of viewing portals on each bridge, gas 'described and presented at the July 14"'
meeting; and be it further
RESOLVED, That the Common Council hereby requires as a condition of this
authorization that Cornell University agree in writing to remove the improved, temporary,
emergency fences from the various bridges in question - or any one or some of thern,
as the case may be - (at Corn ell's sole expense) upon the earliest occurrence of the
following:
-placement of the 'fences (or any of them) by a permanent
(1) upon the timely re
means restriction project, as duly reviewed, permitted, and approved by the City,
including all requisite environmental review and site plan approval and any other
required consent (with the City and its boards to act in a timely, good faith mariner with
respect to such reviews, approval consent or disapproval); or
(2) by May 31, 2011, if, for any particular bridge, no bona fide, good faith
application for site plan review and Full Environmental Assessment Forni (Part 1) for a
proposed permanent means restriction project have been submitted by Cornell
University by that date, or
(3) within thirty (30) (Jays of notice to do so from the City, if, following the timely
submission (i,e,, by May 31, 201 V) of a bona fide, good faith application for site plan
review and Full Environmental Assessment Forni (Part 1) for the permanent means
restriction project, Cornell has abandoned or failed to pursue in good faith and a
reasonable, timely manner the process for the review and consideration of said site plan
and any other, required approvals, for any particular bridge (or some or all of them): or
(4) within thirty (30) days after any disapproval of a site plan review application
for the permanent means restriction project (or for any 'individual bridge therein), or aft er
written notice from the Mayor to Cornell of a decision by the City riot to consent to the
installation of such project on some or- all of the City owned bridges; and be it further
RESOLVED, That the Mayor, upon the advice of the City Attorney, is hereby authorized
to enter into a Memorandum of Understanding with Cornell containing such terms and
conditions as she shall deem reasonably necessary and appropriate to protect tile
interests of the City and to ensure that the intent of this resolution is carried out,
a
MEMORANDIJIVI W Li-NDERS"I'ANDING C*MOU")
CONCERNING
AC,REEMENT FOR REMOVAL of TENIPORARY MEANS RES"I"RICTION ON HIGH
GORGE DG IN THE CITY OF ITHACA and
0111ER MATTERS PERJ'AINING TO PREPARATION FOR FUTURE
CONSJD ;RATION OF LONG TERM MEANS RESTRICTION
MADE the 2.134b-day of May, 22011, by arld 1,vi.N.Veen the City of Ithaca, a New Yorl�
atunicipal corporation, with offices at City J-JaIL 108 j-'.'.ast (ire en, Street, Ithaca, New York, 14850
(her oinat-ter City") and Corneli University, as New York cxlucation corporation, of 3 11 Day Hall,
East Avenue- ('ornell UnIVUS4, Ithaca, Nekv Yorlc, 14853 (hereinafter "Cornell"),
WHEREAS, on August 4, 2010 the (_-,'omrnon C(.,)uncll of the Citly al 1110 1'eqUtst Of
corncll una , frill tou�flv passed a rcsolution entitled "Declaration of 0,nitinued Emergency and
t5
Autffiorization of New and Fences on Gonge Bridges" ("the Resolution"'), a
copy of which is attached bercto as Exhibit Aand mad ea part, hereof as ifset Out at length-, and
t,
WF(EREAS,arnong other things. tile.1j,,,<,olution provided that:
A� The Conlirjcan CotIncil Cornell (at its sole cost) to replace g;a1vanized chaii.i. link fences
that had been erected on an erriergency, basis by Cornel L in April 2010. on rour Cornell - owned
< - , srge bridj,,.,Ts. before August 20, 20 10, kvith new arid
gorge bridges �,,.md three City owned -(".
n`ffpr0VCd tCMP0ff1T_V fences on said bridges (which replaccrnerit has since occurred), on the
Condition th"it 0ornell zu, ce in vvriting to remove the improved, temporary. fencus from son-ie, or
all, or any one ofsaid bridges a, I 'CUATence 01 (mie of ftmir conditions
s f.rppl'cab] e, c'm t he earli est oc
enurnerated at leng 1,1,cs�c)jufion, and rnade the subjiect ot,Cc�rrjelll,,,� agireernent contain"ei
,ill in said
in Part I of this MO l„ and
B. The ivlayor . UP011 the advice of the City Attorney, was audiorized to enter into a Memorandun') of
With Cornell contairung such to rams and cc nditicms Lis she deetned reason al'.
a r�v -e that the triteot Of tile
necess, appropriate to protect the interests of the ("ity and to ensui
j
resolution was carried olat-, and
WHEREAS, the. City,, y,, acFtinF.; thi'Migji its; Mayor, upon the advice of the City At.i.twney,
and Cornell Uriiver;ity acting thrra:> g i its duly authorized representative, desire to fiornia ize
Com ll'i app- ,a..rreni.. to remove the said inipra. ved temporary fences as StIpulated in the .Resolution
and to ar dress rc,ason able rrac ssaar ° and ppropriate matters to protect the interests of the { AY', and
WHEREAS, the parties further desire to Insure that the intent of tiie Resolution is
car:r a °aorl r?rrt, by larc i,:liar ftrr the City's cooperation ( but riot advance commitment or approval) with
respect to t"`r-g n- ell's plans to study, design, and r(,)pogc for future 3...iJtt.ilderation certain I iearts
restriction `;,ys et" s Ito restrict access to means of *,karat) at hin'll gorge bridges and the exercise of
the C ily's d
hie ,r`rtoaat Willi respect to the same,
, HEREFO F, the lrartir s ,tgre as loll €.a���s :.
�1 f �RVY FENCES:
I. >l'1 rl ll " {)1 i1 >I v Tl
, t"W orrrr=ll agrees to remove, at cornelPs Sole expense, tiro now-in-place improved
ved
(black wire material), t:errrporarry, eni r ecy fences lrcn the gorg rir� es to wit: Stewart �� enu n
r" Cascadifla Creek, Stewart Avenlue over Fall Creek, Suspension Bridge over Ewell f..ree; , Thurston
Avenue s llrt l Y : ove'r Fall Creek, Beebe Darn lrt:,aat ri Ill Creek, Trolley Bridge r., rie
t_:ascarclillaa Creek, and i ,rllegc Averrue Sty +rig Arch Bridge over iw, r:;xca.d.iilwa (,-reek or any ()rte or
sor rc,al`t.1 r < aa� tlrc- rsv° rrta '' r 1`r °r °tlr itlr tr atarr tlr :a�rhest occurrence of the fbll ,)wingr
i 1 i ea eon tl'tc: tinnely replatcr~inent of °the lt.nces (or any crl`tlreni) by a -enrialieut (10ri< tern tl rr-rMIS
restriction -tiort 1 r,1 crt €: a`r as ��iven. bridge, rs duly re ie,,vc d, permitted, atrrcl rrlalrr r4� ed 1. v t.3�� t: rt.y, � all (,
through its relevant Cits' boards. including all requisite envirorr t ,ntail review and site flare approval
end any ottr ,r r°c.tlrrrt��`d consent, with thee, City and its boards to ,apt i:r, a timely. considered, arc rr�l #�rit.la
ni anner Whir re:tpect to a,uch reviews, approval or consent nt ter disapproval); or
(2) on or before 1,11ay 3 1, 201 L, if, fbr as particular bridge, no bona. bete, ,gcrctd fatilh applicar k-n.,
complete or a'tr.tbslant.iarl.ly complete Land jriade complete in as 'tirriely rrraniier° cor sistertt_ with the
current practice �,Ah l,eb�£ Cite planning staff` Initia°ally review s,rrl>3rrit.t�5cl 4r1r1.rlir °<atiaaaa ar:i�c1 r'r'rarl tr
suggesti €arte4 to the applicant pertaining to,ucnipleten ss PH(. tt;r irrcltrt,lirr� tlr� rtraitcr'tr�� tl'rc I'larrrrair'tw}
In
Board agenda). for site. Plan- review (together with Part 1 of Full In nvironrr entarl Ass s°;I erit Form
for a prrrposciA, pernianent (long term) means restriction project has been submitted �� y Cornell �-
that dale:, or
2
(3) within thirty (30) days of notice to dt) so fi°orn the City, i9`, fbilowint,, the timely subinissior,
(i.e., by lacy. 3 r, 2(,.)l 1) of as bona fide. , }c)od faith at,.plicaatic,r) for site plan approval and fr =rril
Environmental Assessment Form (Part 1) for the pernliinent (Ion- ta-nn) means restriction proriect R)r
a particular bridge,. Cornell has aba,rdoriod or failed to pursue in good faith and in a r�easoilatde,,
timely rr'ninncr tlra process or the review and consideraticni of saki site plan., or for any t,.,aher,
€ =ctlt.rircd aj, -)pro al. ! -,r, any particular bridge, (or some ter° all of thenn), in the reasonable. j dgrn ra of
the Dv1<r, !.-) , exercised is good farith. provided t o Mayor has first given Cornell at least 15 days'
riotice that Cornell is thought to have abar°rdoned or f`£riled to pursue said process; as aforesaid, w�vhic°b
notice is inta_"rrd rl to wive Cornell tile of,) rrtt, €rrit tai 1� ,Sent any inform ation or explanation fc).r the
%4,ayor''s c onsid r -.rtiorr, prior to the 'bay or "s ritaaki g sand jaaig €t ent; of,
( ) within thirty (30) days (a) after any disapproval of P site pla n review agipli tion or ally other
r.applicntion t`t)r long ter-rra rr-€e -ins res.rictit)ra on as particular bride or bridges, unless Cornell sooner
fifle a rrt';)tice Of appeal liar' such disapproval decision �,vith as court OF competent jr.trisdiction, in
which ease the t to wrative tin-€ period shall be thirty (39:) of r 6 alter any such appeal is exhausted and
the disapproval remains valid, or (b) after a decision by affirniative same by the City's .;'r?rrrtt°ion
t "ouricil and/or its Board of" Public Works, to disapprove Ent (Vor riot to consent to the installation of
sarala project on soraac r aall of the t "it a`aw% rtaa:l brir cs, 1?€o €el� ri tftiri: flay "�ira�i�kr l�arw; �„ r,rr t. c�rrr� °lll at
least lt) d aye' prior notice of any such pending de:c ilia °err. including ar draft of any ;4r.rch resolutifi)rr to
be corisidered, and the elate and tirne anticipated.
B. In c-Onsideration t,r being aauthoriz d to erect th ire proved ff)lstola ��it�� rra rterratr.)>
temporary, emergency fences orr ter before Augrast 'fit), 2010 (now cor alaleta (l). t.Orri ll further a( Cos
that in the event Cornell either voluntarily or as requircd by the foregoing scc,,tion LA. (1), (2), (')) g:::a:r-
('f) rcarove s sorne or all t rrrfsctrary fences € n City-owned reed bry d e,5 without instaall:inc, ra perxraa ne t
(!aril =, term) rrre�aris restriction s stem such that the City-owned bridge air° bridge no longer stave
fences or otber r'rraarrs restriction, t:'t)rt` ell will inderrarrif "y and hold dens. City harmless with regard to
a y suit, za�,tr,,rr "1,: rYtarrr'rr, j€aclf'rnerrt, or d cision F r damages arfaainst: the C ty, tlor 1'�i`opeily �lki ) gc �.Sr
p r ",,toad inljut° * rraclr.r.dnig,, death, zalle ed to be caused by or arising exclusively on account c.-d' the
fiver °sces berm, on the saiblect bridae or during the course cif fc;nc itrsta;llatt.io €r during August ''giros. or
by reason of* fermi:, €nainteniluce by €:'ome,ll or reirrow l by or, R)r ,,a period of eight a bells
fi:llc)��a•in the rernoanal ofan-v 1e.il -ce on he subject ridge pursuant try LA. (l°). (2)) (), oi- (1) herein,
bt t only if it is alleged by the plaintiff or complainant tfiat the prop ,t°y damage or personi_.l arttarry or
death was camsed by the fact that the fences were. first teiritiorarily erected on the sub e(,t Midge nd
were then rernoved, Comell further agrees to take over the deCense and gill fi,Cs and Costs assweiated
with the def its ol'arty such strit , action or clairri.
11. FURTHER CITY — CORNELL COOPERATION
A, The CitV agge.es to cominue to cc�operate with Cornell during the process of Come]] 's
developmm-t for future consideration of' permanent (ltIng tenn) nneat.is restriction pro ects al, the
J
Nridges, The purpose is to share and (.mherwise make available background infbi'mation and inforrnr,A
feedback that may be usefbi to Cornell In its -;tt-uly, site an flysis, design, and consideration ofmcans
restriction systems pnor to proposing; disci. Such cooperation has already Included the Mayor's
appointing the City Director of Planninf, to the architect search c(,.,mrnittee organized by Cornell.
Future cooperation -may include but is not limited to:
(1) The City agrees to provide g1ridance, and feedback, is appropriate in reaction to ideas,
s, during, site analysis, pre-schernatic, a.nd scl-wrnatic design phases, atid
analyses, and desit!"I'l
presentations ley prof ct architects, eng-inecrs, arid other project cf,:insultarjts including rnental health
constiltaxits,
(2)'1 he City agn- es it) allow reasonable access at City-owned bridges and their environs (where
the Sarric are contri:-Alcd by the City) by Comell anti its profess-Knial contractors and subetAitractors.
to resnicted areas beneath bridges) dunng regular business hours, by prior arrangenieat rilade
with the Deparm-wril, u4' Public', Works-
(3) The (_Jty ),grees to allow all relevant drawings, reporis, electronic 'files, and other
documentation abowt City-o%viml bridges that the City possesses to be examined zind ec pied as
rlcedcd 11-w bear the cost of selective copyltig that can be perfornned readily in City Hall
offices on available equipment and Cornell shall bear the cost of any copying that has to be
contracted out or that would interl re, in the City's Judgyriten't, with the normal arid. eff'icient Mow of
work through City l4all seanning and copyingy equiplilelit;
(4) The City a-, ees to appoint City representatives to ajoint (7ity-Comell Working
The Mayor agrees to appoint City representatives 1rorn aim..-mig,
standing committees and boards and
knowledgeable staff, The City acknowledges that interested, erigaged committee rnernbers will be
helpful to Cornell 's projJect developinent, and that sharirt�g ideas arid providing f�,edlack to the
at.-chitects, engineers. said other project consultants is valitable to Cornell, It is utulerstood that City
representatives from committ",s, arid boards will not and cannot bind themselves or their COMITIl'itces
arid boards, but that they- like, City staff are expected to contribute non-bindirig, candid, constructive,
4
Icy) C !)OF ne I! :
Vice Facilities Services AIND
R,m 101 11 umphrc-vs Service Bui Iding
Cbrndl Wriversity
Itham NY14853
Vice Pres. Student & Acmdernic Smices
Rm 311 thy Hall
Awndl tAdvasity
Ithaca. N)'14853
IN MITNESS MMJFREOF, the parties by Beir duly authorized officers have cau.-�cd this
Memorandum cif Understanding, to be excewed t,-)n the d, -ttes setfiorth below eadi sigma re:
SIGNED. , City of Ithaca
By:
Name: Carolyn W Peterson
Title: Mayor.
SUGNED, Omnell tjniversity,
B Y
Narm
H Ae-
Title: eide"
Date;
6
9.2 Planning and Development/IURA — Loan Subordination and Restructuring
to Facilitate Ithaca Neighborhood Housing Services (INHS) Acquisition of Mutual
Housing Association of Tompkins County (MHATC) Housing — Resolution
WHEREAS, on October 20, 2011, Ithaca Neighborhood Housing Services, Inc. (INNS)
executed a Transfer Agreement with Mutual Housing Association of Tompkins County,
Inc. (MHATC) to acquire the MHATC housing project in the Northside neighborhood as
part of a plan for dissolution of MHATC, which plan must additionally be approved by
the New York State Attorney General and the Supreme Court of the State of New York
as required by Not - for - Profit Corporations Law, and
WHEREAS, MHATC owns and manages 28 units of affordable housing located within
the block bounded by Adams Street, First Street, Franklin Street and Alice Miller Way,
and
WHEREAS, INHS has developed a plan to assume and refinance MHATC debt on the
project, pay outstanding property tax obligations, commit to fund over $200,000 of
immediate property upgrades and repairs, and operate the property as affordable
housing without dislocation of any tenants in good standing, and
WHEREAS, MHATC acquired title to the Phase 1 MHATC First Street Property (tax
map #25.- 3 -1.1) from the City of Ithaca on April 30, 1992 for a purchase price of
$90,000, payable over 24 years and secured by a mortgage lien on the parcel, and
WHEREAS, MHATC is delinquent on property taxes and has an outstanding balance
due of $45,582.28 to the City of Ithaca as of December 1, 2011, and
WHEREAS, INHS seeks to secure refinancing debt for the acquisition project with first -
mortgage liens on the project property and requests the City to subordinate its mortgage
lien to a new mortgage lien, and
WHEREAS, INHS proposes to assume MHATC's loan obligation with respect to the City
provided the loan is restructured, and
WHEREAS, the City -to -MHATC loan established a 12 -year period of 3% interest -only
payments ($225/mo.) followed by a 12 -year period beginning in 2004 of principal plus
interest payments at 7% interest ($920 /mo.) to fully amortize the debt in 2016, and
WHEREAS, MHATC remained current on the loan through 2004 but never made a
principal plus interest payment and still owes the full $90,000 principal balance, and
WHEREAS, INHS proposes to assume a restructured MHATC loan to fully repay the
City the outstanding principal balance of $90,000 over 20 years at 2% ($455/mo.), and
WHEREAS, upon acquisition of MHATC property INHS commits to pay delinquent
property taxes due to the City, and
WHEREAS, the Ithaca Urban Renewal Agency reviewed this matter at their October 27,
2011 and recommends that the Common Council approve restructuring the City to
MHATC debt as requested by INHS to allow INHS to invest over $200,000 in immediate
facility upgrades and repairs while maintaining rents at rates affordable to low- and
moderate - income families, and
WHEREAS, the City Administration Committee considered this matter at their
November 30, 2011 meeting and recommended the following; now, therefore, be it
RESOLVED, That in order to induce INHS to acquire MHATC real estate as part of an
MHATC dissolution plan and operate the existing 28 housing units located on First
Street and Alice Miller Way as affordable housing without dislocating any tenants in
good standing, the Common Council of the City of Ithaca hereby agrees to subordinate
its mortgage lien on the Phase 1 MHATC First Street Parcel (tax map parcel #25.- 2 -1.1)
to a mortgage lien and /or other security securing lender /bond purchaser for the INHS
acquisition project, on such terms and conditions as required by any lender or bond
purchaser financing the acquisition project and approved by the City Attorney, and be it
further
RESOLVED, That the City agrees to:
1. Authorize assignment of the $90,000 MHATC loan to INHS;
2. Forgive all delinquent payments of principal and interest on the loan;
3. Modify the loan terms to repay the full $90,000 outstanding principal balance
over 20 years at a 2% interest rate ($455/mo.), and be it further
RESOLVED, That the Mayor, upon the advice of the City Attorney, is hereby authorized
to execute all necessary and appropriate documents to implement this resolution,
including, but not limited to, a subordination agreement and a loan- modification
agreement.
9.3 Planning and Development/IURA — Waive and Subordinate City's Right -
of- First - Refusal on Mutual Housing Association of Tompkins County (MHATC)
First Street Property to Facilitate Ithaca Neighborhood Housing Acquisition
of MHATC — Resolution
WHEREAS, on October 20, 2011, Ithaca Neighborhood Housing Services, Inc. (INHS)
executed a Transfer Agreement with Mutual Housing Association of Tompkins County,
Inc. (MHATC) to acquire the MHATC housing project in the Northside neighborhood as
part of a plan for dissolution of MHATC, which plan must additionally be approved by
the New York State Attorney General and the Supreme Court of the State of New York
as required by the Not - for - profit Corporations Law and
WHEREAS, MHATC owns and manages 28 units of affordable housing located within
the block bounded by Adams Street, First Street, Franklin Street and Alice Miller Way,
and
WHEREAS, MHATC acquired title to the Phase 1 MHATC First Street Property (tax
map #25.- 3 -1.1) from the City of Ithaca on April 30, 1992 for a purchase price of
$90,000, payable over 24 years; and
WHEREAS, in conveying said property to MHATC, the City retained a right-of- first-
refusal — i.e., the right to reacquire the property in the event of a future sale or
conveyance by MHATC, by matching a bona fide offer received by MHATC, within 60
days of notification of such offer, and
WHEREAS, MHATC proposes to convey the property to INHS under terms whereby
INHS agrees to assume project debt, outstanding property tax obligations, commit to
fund over $200,000 of immediate property upgrades and repairs, and operate the
property as affordable housing without dislocation of any tenants in good standing, and
WHEREAS, MHATC is delinquent on property taxes and has an outstanding balance
due of $45,582.28 to the City of Ithaca as of December 1, 2011, and
WHEREAS, the MHATC Board plans to dissolve the MHATC organization upon transfer
of its assets, and
WHEREAS, transfer of MHATC real property to INHS will ensure retention of a 28 -unit
affordable housing resource, and
WHEREAS, upon acquisition, INHS will pay delinquent property taxes due to the City,
and
WHEREAS, the City Administration Committee considered this matter at their
November 30, 2011 meeting and recommended the following; now, therefore be it
RESOLVED, That in order to induce INNS to acquire MHATC real estate as part of an
MHATC dissolution plan and operate the existing 28 housing units located on First
Street and Alice Miller Way as affordable housing without dislocating any tenants in
good standing, the Common Council of the City of Ithaca hereby agrees to waive its
right of first refusal over the Phase 1 MHATC First Street Parcel (tax map parcel #25. -2-
1.1), and be it further
RESOLVED, That the Common Council of the City of Ithaca hereby agrees to
subordinate its right -of- first - refusal over the Phase 1 MHATC First Street Parcel (tax
map parcel #25.- 2 -1.1) to a mortgage lien and /or other security securing INHS'
lender /bond purchase for the project, on such terms and conditions as required by any
lender or bond purchaser financing the acquisition project and approved by the City
Attorney, and be it further
RESOLVED, That the Mayor, upon the advice of the City Attorney, is hereby authorized
to execute all necessary and appropriate documents to implement this resolution,
including, but not limited to, a subordination agreement.
UJj/
q.
TRANSFER AGREEMENT
BETWEEN: MUTUAL HOUSING ASSOCATION OF TOMPKINS COUNTY, INC.,
Ithaca, New York, hereafter referred to as ANHATC,@ _
And ITHACA NEIGHBORHOOD ROUSING SERVICES, INC., of 115 Clinton Street,
Ithaca, New York, hereafter referred to as AINHS.@
RECITALS
WHEREAS, MHATC is a New York Not- far -Profit Corporation, tax exempt under section
501(c)(3) of the Internal Revenue Code, the principal mission of which is increasing access to
affordable housing for low and moderate income residents of Tompkins County, New York, and'
-WHEREAS, MHATC owns and'operates a low /moderate income housing located at 206
First Street, Ithaca, New York (tax map #25- 3 -1.1) and 512 Alice Miller Way, Ithaca,New York (tax
map #25- 3-1.21) (tbe " Property" ),-and
WHEREAS, MHATC has determined that it is no longer able to effectively operate the
Property to falfill its mission, and
- WHEREAS, INHS is a New York Not - for - Profit Corporation, tax exempt under section
501(c)(3) of the Internal Revenue Code, the principal mission of which is increasing access to
affordable housing for low and moderate income residents of Tompkins County, New York, and
WHEREAS, MHATC is prepared to transfer to INHS all of the Property and all assets and
operations related thereto, and INHS is prepared to accept the transfer and to thereafter continue to
operate the Property as low /moderate income housing, all as set forth below,
NOW, THEREFORE, the parties agree as follows:
1. Transfer. On the terms and subject to the conditions set forth in this Agreement, at the
Effective Date (as defined below), in accordance with this Agreement and the relevant law,
the MHATC assets which are described in Section.2 shall be transferred to INNS. At and
after the Effective Date, INHS shall assume all rights and obligations in connection with the
Transferred Assets, including without limitation, obligations related to obtaininga certificate
of- compliance with respect to the Property and all obligations under such leases and
agreements which are assigned to INHS.
2. Assets to be Transferred. At the Closing of this Agreement, MHATC will transfer to INHS
the following assets, free and clear of any liens except as stated in this Agreement:
a. All real property located at 206 First Street, Ithaca, New York (tax map #25- 3 -1.1)
and 512 Alice Miller -Way, Ithaca, -Nevv York (tax.map #25- 3=1.21), TOGETHER
WITH and including all buildings and other improvements thereon, and all rights of
-:( /k
J
Seller in and to any and all. streets, roads, highways, alleys, driveways, shores, waters,
easements and rights of way appurtenant thereto, and all personal properly, including
lighting, plumbing, heating/cooling and fixtures, including ranges, refrigerators,
dishwashers, air conditioning pmts, screens, storm doors and windows, all shtubs and
planted vegetation and all equipment used in normal operation of the property,
SUBJECT TO all covenants, restrictions, rights "of way and easements of record, and
the preservation restrictions attached hereto at Exhibit A all ofwhich will be included
in the deed to INNS.
b. Furniture, fixtures and equipment (FFE) used in the operation of the Property,
including FFE used in the business office including computers, desks or other FFE
used by MHATC in connection with its'operations. A list of the FFE being
transferred is attached as Exhibit B.
c. Contracts and Rights, whether written or oral, relating to the operation of, including
i. Accounts with utility providers, including New York Mate Electric and Oas
Corporation and the City of Ithaca.
ii: Maintenance contracts relating to the Property.
iii. Leases for any portion of the real property described above, whether written
or oral, all pre -paid rents and security deposits.
A list of contracts being assigned to and assumed by MS is attached as Exhibit C.
d. Intellectual property relating to the Property, including logos, service and trademarks.
3. Consideration, At the Closing of this Agreement, MHATC shall convey the transferred
assets to INHS in consideration of INHS's ability to refinance the mortgage.debt.. on .the
property and to preserve its status as low /moderate income housing. -
4. Contingencies. This Agreement is contingent on the following:
a. Approval by the Ithaca Urban Renewal Agency and City of Ithaca. The parties shall
work together to obtain this approval.
b. Approval by New York State Department of Housing and Community Renewal. The
parties shall work together to obtain this approval.
C. Approval by the Office of the Attorney General of the State of New York and the
Supreme Court of the State of New York, as required-by the Not - for -Profit
Corporations Law.
2
d. INHS obtaining financing through a combination of loan, donors, or otherwise, on
terms acceptable to INHS, application far which will be made 'promptly upon
acceptance of this offer. 5
e. Approval of the Boards of Directors of each party.
5. Closing. The parties anticipate that the Closing shall be held as soon as practicable after all
contingencies have been met (the "Effective Date ").
6. Further Documents. The parties agree promptly to provide such other documents and take
such other steps as may reasonably be required to carry out the overall intent and purpose of
this Agreement, including such title and tax and other corporate searches as reasonably
necessary in connection with a.transaction of the this type.
7. Real Estate Brokerage. It is understood and agreed that no broker was used by either party
for this transaction,. and no brokerage commission shall be due.
9. 1`. iscellhueou.s. This Agreement may not be assigned. This Agreement supersedes any and
all agreements that may have been previously made between the parties and states the full
agreement of the parties. This Agreement shall bind the parties, their successor and assigns,
and may not be modified except in writing signed by the party to be charged, the- terms of
Aich shall survive the closing.
-..SaEsAcd': C1 3 2011
MUTUAL HOWNNG ASSOCIATION
OF TOMPKINS`COUNTY, INC.
by: President
A'� --�" ems. .2011
ITHACA NEIGHBORHOOD HOUSING
SERVICES, INC.
By: Paul Maaeralia, Executive Director
HA5342 \073 \Tr3nsfer DocumenES \Transfer Agmnt vMoC
aCt
October 3, 2011
Mayor Carolyn Peterson
City of Ithaca
108 East Green St.
Ithaca, NY 14840
Re: Mutual Housing Association of Tompkins County
Dear Mayor Peterson:
I am writing on behalf of the Mutual Housing Association of Tompkins County (MHATC), which is
actively engaged in a plan to preserve and revitalize its Northside housing development so that it
remains a viable and affordable housing option for Ithaca residents.
MHATC has signed a letter of intent to sell its Northside property to Ithaca Neighborhood Housing
Services with the understanding that INHS will completely refinance the debt, fully fund the operating
and capital reserves, pay off all delinquent debts and make improvements to the property. INHS will
fold this property into its existing rental portfolio, providing property management and resident
services. In order for this plan to succeed, MHATC and INHS must gain the approval of a variety of
entities that include the NYS Attorney General, the NYS Supreme Court, the NYS Housing Trust Fund _
Corporation, the City of Ithaca, the Ithaca Urban Renewal Agency and multiple lenders. INHS has
been working on this for over two years and has a goal of completing the transaction by the end of
2011. MHATC has formally authorized INHS to act on its behalf to make this happen.
The City of Ithaca holds a $90,000 note and mortgage on the land that was conveyed to build Phase I
of the 28 -unit Northside project. The note was structured to require interest -only payments during
years 1 -12 at 3% and then amortize at the rate of 7% over the next 12 years. It is my understanding
(not supported by hard facts) that MHATC made interest -only payments during the first 12 years, but
then stopped making payments entirely. No one at the City of Ithaca noticed, so this situation
continued. If this summary is correct, then MHATC would have 1) defaulted on its loan; 2) failed to
pay approximately $81,445 in principal and interest payments; and 3) still owe the City $90,000 for
the land.
The existence of this default and debt is a major impediment to restructuring the finances of this
project. The current rents cannot support the expenses of both the refinanced debt and payments to
make the City of Ithaca's loan whole. Therefore, the reconstituted Board of Directors of MHATC has
directed me to make the following proposal to the City of Ithaca.
1. Forgive all delinquent payments of principal and interest on the existing $90,000 loan.
2. Recast the existing $90,000 loan into a new loan with an interest rate of 2% a year,
amortizing over 20 years.
3. Permit the new loan to be subordinate to the first mortgage debt by another lender, likely the
Tompkins Trust Company.
The MHATC Board believes that this is a fair way compromise on what is clearly a difficult situation.
They also noted that for Phase II, the City of Ithaca decided to give the land to MHATC, so there is
no loan to the City on that parcel.
There are also several other actions that the City of Ithaca and the Ithaca Urban Renewal Agency will
need to take in order to complete this transaction. These include:
1. City of Ithaca: Termination or subordination of the Right of First Refusal. The Right
of First Refusal allows the City of Ithaca the opportunity to acquire the Phase I land in the
event that it is sold or lost through foreclosure.
2. Ithaca Urban Renewal Agency: Termination or subordination of the Right of First
Refusal and approval to assign the Third St. Agreement. The Right of First Refusal
allow the IURA the opportunity to acquire the Phase II land in the event that it is sold or lost
through foreclosure. The Third St. Agreement relates to the rental unit in the Third St. duplex
that was sold by MHATC to a private party several years ago.
I would appreciate the opportunity to talk with you more about this, or to present this proposal to the
appropriate City of Ithaca committee that you designate to deal with this matter.
Thanks in advance for your assistance.
Very truly yours,
Paul Mazzarella
Executive Director
cc: Elena Flash, Esq.
Nels Bohn, Director of Community Development
City of Ithaca
Summary of MHA Payments
10/19/2011
q,3
MHATC Loan Repayment History to City of Ithaca
Mortgage
$ 90 00.00
4/3011992
12 years
June'1992 -May 1, 2004
$ 225.00
3% Interest
June1, 2004- May 1, 2016
$ 925.60
70/. Interest
A8020 -2660
$ 90,000
Principal o ed
$ 42,069
Interest at 7%
$ 132,069
$ 3,825
Total due P &I
Pa y ments:
Interest payments made
beyond 5/1/04 date
Year
Amount
2011
$ -
2010
$ -
2009
$ -
2008
$ -
2007
$ -
2006
$ 225
2005
$ 2,025
-
2004
$ 21 700
7 pays in 2004
go to principal
2003
$ 2,700
2002
$ 2,700
2001
$ 2,700
2000
$ 2,700
1999
$ 2,700
1998
$ 2,700
1997
$ 2,700
19961
$ 2,700
1995
$ 2,700
1994
$ 2,700
1993
$ 2,700
1992
$ 1;575
started in June
Source:
City of Ithaca Controller
9.4 Human Resources —Approval of Retiree Health Insurance Co- Payment —
Resolution
WHEREAS, the City currently, for 2011, charges a majority of City retirees and those
employees on leave of absence $221.84 per month for individual health insurance
coverage and $507.98 per month for family coverage, which equates to 33.50% of the
2011 premium equivalent rate, and
WHEREAS, these retiree rates have been adjusted annually per the consumer price
index (CPI) small cities percentage since 2005, and
WHEREAS, the premium equivalent rate has been increasing greater than the CPI for
several years, therefore reducing the annual retiree contribution, and
WHEREAS, in light of the significant increase in past years in the City health insurance
rates and the related hardship these increases would have caused City retirees and
persons on leaves of absence had the City charged full rates, the City has adopted a
policy of not charging the full rate increases to those individuals, and
WHEREAS, the City's financial status is being heavily pressured by increasing health
insurance costs, and
WHEREAS, the City is now recommending that the retirees co- payment for health
insurance increase or decrease at the same percentage change of the premium
equivalent rate on an annual basis, for 2012 the increase is 9.5 %; now, therefore be it
RESOLVED, That Common Council hereby establishes the 2012 monthly rate of health
insurance coverage for retirees and those employees on leaves of absence at $242.91
for individual coverage and $556.24 for family coverage, which represents a 9.5%
increase over the current retiree health insurance rate charged, and be it further
RESOLVED, That the 2012 rate shall be effective January 1, 2012, and be it further
RESOLVED, That the future retiree health insurance rates shall be reviewed annually
by the City Controller's Office and adjusted by the percentage increase /decrease to the
City's premium equivalent rate with appropriate notification by the Human Resources
Department to retirees regarding future rate changes, and be it further
RESOLVED, That said increase in retiree health insurance rates do not apply to those
retirees that currently have a fixed rate of health insurance premium.
9.5 Finance /Controller's Office — A Resolution Authorizing the Issuance of
$4,566,000 Bonds of the City of Ithaca, Tompkins County, New York, to
Pay the Cost of Certain Capital Improvements in and for said City
WHEREAS, all conditions precedent to the financing of the capital projects hereinafter
described, including compliance with the provisions of the State Environmental Quality
Review Act, have been performed; and
WHEREAS, it is now desired to authorize the financing of such capital projects; now,
therefore be it,
RESOLVED, by the affirmative vote of not less than two - thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the object or purpose of paying the cost of certain capital
improvements in and for the City of Ithaca, Tompkins County, New York, there are
hereby authorized to be issued $4,566,000 bonds of said City pursuant to the provisions
of the Local Finance Law, apportioned among such capital improvements in accordance
with the maximum estimated cost of each. The capital improvements to be financed
pursuant to this bond resolution, the maximum estimated cost of each, the amount of
serial bonds to be authorized therefore, the period of probable usefulness of each, and
whether said capital improvements are each a specific object or purpose or a class of
objects or purposes, including in each case incidental improvements and /or expenses in
connection therewith, is as follows:
a) Citywide retaining wall evaluation, in and for said City, including incidental
expenses in connection therewith, at a maximum estimated cost of $150,000. It
is hereby determined that the plan for the financing of such specific object or
purpose shall consist of the issuance of $150,000 bonds of the $4,566,000 bonds
of said City authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid specific object
or purpose is 5 years, pursuant to subdivision 62 (2nd) of paragraph a of Section
11.00 of the Local Finance Law;
b) Youth Bureau Building roof replacement, including incidental expenses in
connection therewith, in and for said City, at a maximum estimated cost of
$197,000. It is hereby determined that the plan for the financing of such specific
object or purpose shall consist of the issuance of $197,000 bonds of the
$4,566,000 bonds of said City authorized to be issued pursuant to this bond
resolution. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 25 years, pursuant to subdivision 12(a)(1)
of paragraph a of Section 11.00 of the Local Finance Law;
C) Purchase of a fire rescue vehicle, for said City, including incidental equipment
and expenses in connection therewith, at a maximum estimated cost of
$870,000. It is hereby determined that the plan for the financing of such specific
object or purpose shall consist of the issuance of $870,000 bonds of the
$4,566,000 bonds of said City authorized to be issued pursuant to this bond
resolution. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 20 years, pursuant to subdivision 27 of
paragraph a of Section 11.00 of the Local Finance Law; and
d) Reconstruction of and construction of improvements to the Seneca Street
parking garage, in and for said City, including original furnishings, equipment,
apparatus, appurtenances, and incidental expenses in connection therewith, at a
maximum estimated cost of $1,000,000. It is hereby determined that the plan for
the financing of such specific object or purpose shall consist of the issuance of
$1,000,000 bonds of the $4,566,000 bonds of said City authorized to be issued
pursuant to this bond resolution. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose is 25 years,
pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local
Finance Law;
e) Data network replacement, in and for said City, including hardware, software and
incidental expenses in connection therewith, at a maximum estimated cost of
$195,000. It is hereby determined that the plan for the financing of such specific
object or purpose shall consist of the issuance of $195,000 bonds of the
$4,566,000 bonds of said City authorized to be issued pursuant to this bond
resolution. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 5 years, pursuant to subdivision 32 of
paragraph a of Section 11.00 of the Local Finance Law;
f) Reconstruction of and construction of improvements to East State Street, Martin
Luther King Jr. Street and Mitchell Street intersection, in and for said City,
including resurfacing, sidewalks, curbs, gutters, drainage, landscaping, grading,
and incidental equipment and expenses in connection therewith, at a maximum
estimated cost of $450,000. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of
$450,000 bonds of the $4,566,000 bonds of said City authorized to be issued
pursuant to this bond resolution. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose is 15 years,
pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local
Finance Law;
g) Traffic signal upgrades at multiple city locations (Phase II), in and for said City,
including incidental equipment and expenses in connection therewith, at a
maximum estimated cost of $764,000. It is hereby determined that the plan for
the financing of such class of objects or purposes shall consist of the issuance of
$764,000 bonds of the $4,566,000 bonds of said City authorized to be issued
pursuant to this bond resolution. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or purposes is 20 years,
pursuant to subdivision 72 of paragraph a of Section 11.00 of the Local Finance
Law;
h) Purchase of police vehicles to replace those in service for at least one year, in
and for said City, including incidental equipment and expenses in connection
therewith, at a maximum estimated cost of $155,000. It is hereby determined
that the plan for the financing of such class of objects or purposes shall consist of
the issuance of $155,000 bonds of the $4,566,000 bonds of said City authorized
to be issued pursuant to this bond resolution. It is hereby determined that the
period of probable usefulness of the aforesaid class of objects or purposes is 3
years, pursuant to subdivision 77(1st) of paragraph a of Section 11.00 of the
Local Finance Law;
i) Purchase and installation of parking pay stations, in and for said City, including
incidental expenses in connection therewith, at a maximum estimated cost of
$50,000. It is hereby determined that the plan for the financing of such class of
objects or purposes shall consist of the issuance of $50,000 bonds of the
$4,566,000 bonds of said City authorized to be issued pursuant to this bond
resolution. It is hereby determined that the period of probable usefulness of the
aforesaid class of objects or purposes is 5 years, pursuant to subdivision 50 of
paragraph a of Section 11.00 of the Local Finance Law;
j) Reconstruction of and improvements to various water mains and pumps, in and
for said City, including incidental expenses in connection therewith, at a
maximum estimated cost of $60,000. It is hereby determined that the plan for the
financing of such class of objects or purposes shall consist of the issuance of
$60,000 bonds of the $4,566,000 bonds of said City authorized to be issued
pursuant to this bond resolution. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or purposes is 40 years,
pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance
Law;
k) Reconstruction of and improvements to various sewer mains and pumps, in and
for said City, including incidental expenses in connection therewith, at a
maximum estimated cost of $120,000. It is hereby determined that the plan for
the financing of such class of objects or purposes shall consist of the issuance of
$120,000 bonds of the $4,566,000 bonds of said City authorized to be issued
pursuant to this bond resolution. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or purposes is 40 years,
pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance
Law;
1) To pay the additional costs of the construction of a multi -use trail between Floral
Avenue and the Flood Control Channel in said City, in and for said City, at a
revised maximum estimated cost of $416,000. It is hereby determined that the
plan for the financing of such specific object or purpose shall consist of the
issuance of $324,000 bonds of the $4,566,000 bonds of said City authorized to
be issued pursuant to this bond resolution in addition to the $92,000 previously
authorized by a bond resolution dated and duly adopted on July 6, 2011,
PROVIDED, HOWEVER, that to the extent that any Federal or State grants -in-
aid are received for such specific object or purpose, the amount of bonds to be
issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby
determined that the period of probable usefulness of the aforesaid specific object
or purpose is 15 years, pursuant to subdivision 19(c) of paragraph a of Section
11.00 of the Local Finance Law and that the period of probable usefulness for the
planning and design costs specified in said bond resolution dated and duly
adopted on July 6, 2011 is now determined to be 15 years, calculated from
August 5, 2011, the date of the first obligations issued for said specific object or
purpose; and
m) To pay the additional costs of the construction of bulb -outs extensions of curbs
and sidewalks at the intersections of West Green and West Seneca Streets in
said City, in and for said City, at a revised maximum estimated cost of $267,000.
It is hereby determined that the plan for the financing of such specific object or
purpose shall consist of the issuance of $231,000 bonds of the $4,566,000 bonds
of said City authorized to be issued pursuant to this bond resolution in addition to
the $36,000 previously authorized by a bond resolution dated and duly adopted
on July 6, 2011,
PROVIDED, HOWEVER, that to the extent that any Federal or State grants -in-
aid are received for such specific object or purpose, the amount of bonds to be
issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby
determined that the period of probable usefulness of the aforesaid specific object
or purpose is 10 years, pursuant to subdivision 24 of paragraph a of Section
11.00 of the Local Finance Law and that the period of probable usefulness for the
planning and design costs specified in said bond resolution dated and duly
adopted July 6, 2011 is now determined to be 10 years, calculated from August
5, 2011, the date of the first obligations issued for said specific object or purpose.
Section 2. The aggregate maximum estimated cost of the aforesaid objects or
purposes is $4,566,000, and the plan for the financing thereof is by the issuance of the
$4,566,000 serial bonds authorized by Section 1 hereof, allocated to each of the objects
or purposes in accordance Section 1 hereof.
Section 3. The faith and credit of said City of Ithaca, Tompkins County, New
York, are hereby irrevocably pledged for the payment of the principal of and interest on
such obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 4. Subject to the provisions of the Local Finance Law, the power to
authorize the issuance of and to sell bond anticipation notes in anticipation of the
issuance and sale of the bonds herein authorized, including renewals of such notes, is
hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of
such terms, form and contents, and shall be sold in such manner, as may be prescribed
by said City Controller, consistent with the provisions of the Local Finance Law.
Section 5. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 6. The powers and duties of
conducting the sale and awarding the
Controller, who shall advertise such bon
bonds in such manner as he shall deem
HOWEVER, that in the exercise of thes e
the provisions of the Local Finance Law
applicable to the sale of municipal bonds
full acquittance to the purchaser of such
application of the purchase money.
advertising such bonds for sale,
bonds, are hereby delegated to the City
ds for sale, conduct the sale, and award the
best for the interests of the City; PROVIDED,
delegated powers, he shall comply fully with
and any order or rule of the State Treasurer
The receipt of the City Controller shall be a
bonds, who shall not be obliged to see to the
Section 7. The validity of such bonds and bond anticipation notes may be
contested only if:
1) Such obligations are authorized for an object or purpose for which said
City is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of
publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced
within 20 days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the
Constitution.
Section 8. This resolution shall constitute a statement of official intent for
purposes of Treasury Regulations Section 1.150 -2. Other than as specified in this
resolution, no monies are, or are reasonably expected to be, reserved, allocated on a
long -term basis, or otherwise set aside with respect to the permanent funding of the
object or purpose described herein.
Section 9. This resolution, which takes effect immediately, shall be published
in summary form in the Ithaca Journal, the official newspaper, together with a notice of
the City Clerk in substantially the form provided in Section 81.00 of the Local Finance
Law.
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9.7 Possible Motion to Enter Into Executive Session to Discuss Collective
Bargaining
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Cayuga Green Project, Approval of 3rd Amendment to Purchase and Sale
Contract for Parcel `D' - Resolution
WHEREAS, Cayuga Green II LLC, has submitted revised, preliminary plans for
construction of a 6 -story, 35 -unit rental housing project with ground floor commercial
use at parcel `D' (tax map parcel #81. -2 -4), located adjacent to the Cayuga Garage, that
are consistent with the original design goals for the Cayuga Green project, and
WHEREAS, the Purchase and Sale Contract between the IURA and Cayuga Green II,
LLC obligates the purchaser to undertake a project "anticipated to consist of
construction of no less than 30 rental and /or for -sale housing units located adjacent to
the Cayuga garage, or such other uses approved by Seller and the Common
Council of the City of Ithaca" (emphasis added), and
WHEREAS, the City Attorney has determined that the proposed inclusion of ground
floor commercial use into the housing project requires Common Council approval to
comply with the terms of the Purchase and Sale Contract, and
WHEREAS, per correspondence dated November 7, 2011, Cayuga Green II, LLC,
requests approval to authorize inclusion of a commercial ground floor use with the
proposed housing project and a 180 -day extension of the purchase and sale contract to
June 30, 2012, and
WHEREAS, the existing Purchase and Sale Contract requires the purchaser to satisfy
the following contingencies prior to December 31, 2011:
1. Submit proof of final site development plan approval;
2. Submit proof of issuance of a building permit for the project;
3. Submit proof that all project financing has been secured to complete the project,
and
WHEREAS, the City previously amended the original Purchase and Sale Contract in
2009 to allow construction of rental housing units as well as for -sale housing units and
to extend the term of the agreement by 12 months to June 30, 2010, and approved a
second amendment in 2010 to modify the parcel boundaries to satisfy building code -
required building separation distances and extend the term of the agreement to
December 31, 2011 to allow the purchaser to pursue project financing through the HUD
221(d) Insured Mortgage Financing program, and
WHEREAS, the principals of Cayuga Green II, LLC, have utilized the U.S. Department
of Housing & Urban Development's (HUD's) 221(d)4 mortgage insurance program to
secure financing from a HUD - approved private lender for a multi - family rental housing
project in Ohio, but find the New York State process much more extensive and lengthy
because their project would be the first HUD 221(d) project in the Ithaca housing
market, and
WHEREAS, the purchaser is continuing to complete the HUD 221(d) process but is
uncertain that a written loan commitment will be received by December 31, 2011, and
WHEREAS, the purchaser is additionally seeking conventional financing from private
lenders now that lenders are re- entering the rental housing financing market and an
independent downtown Ithaca housing demand study suggests there is a robust
demand for downtown housing at all price points, and
WHEREAS, Cayuga Green II, LLC, seeks no property tax abatements for this market -
rate project, and
WHEREAS, the City wishes to facilitate the construction of additional housing units in
downtown Ithaca that will expand the range of housing opportunities and increase the
property tax base; and
WHEREAS, under §507 of Article 15 of General Municipal Law, the Ithaca Urban
Renewal Agency's proposed disposition of real property requires Common Council
approval following a public hearing, and
WHEREAS, a public hearing on the proposed amendment to the Purchase and Sale
Agreement is scheduled before the Common Council on December 7, 2011, and
WHEREAS, the purchase and sale contract for parcel 'D' and site plan review for a
proposed 7 -story housing project at parcel `D' were the subject of environmental
reviews under the City Environmental Quality Review Ordinance (CEQRO) pursuant to
which the lead agency issued a negative declaration that the implementation of the
action as proposed will not result in any significant adverse environmental impacts, and
WHEREAS, the revised 6 -story project with ground floor commercial use and the action
of approving the proposed 3rd amendment to the Purchase and Sale Contract for parcel
`D' are no less protective of the environment than the previously- approved Contract and
site plan, therefore requiring no additional environmental review; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby approves a 3rd
amendment to the Purchase and Sale Contract with Cayuga Green II LLC for Parcel `D'
(tax map parcel #81. -2 -4) to:
1. authorize inclusion of a ground floor commercial use in addition to construction of
at least 30 rental and /or for -sale housing units on Parcel `D' of the Cayuga Green
project, and
2. Extend the purchaser's deadlines to secure final site plan approval, project
financing and issuance of a building permit to June 30, 2012.
10.2 Ordinances to Amend the City of Ithaca Municipal Code to Add Chapter 160,
entitled "Design Review," and to Amend Chapter 272 of the City of Ithaca
Municipal Code entitled "Signs" and Chapter 325 of the City of Ithaca Municipal
Code entitled "Zoning" to Update Related Code References —
A. Declaration of Lead Agency for Environmental Review - Resolution
WHEREAS, State Law and Section 176 -6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed adoption of the "City of Ithaca Design Review Ordinance" and
the proposed adoption of two related ordinances to update code references in Chapter
272 and Chapter 325 are "Unlisted" Actions pursuant to the City Environmental Quality
Review (CEQR) Ordinance, which requires environmental review under CEQR; now,
therefore, be it
RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the adoption of an ordinance to amend the
Municipal Code to adopt a new chapter, Chapter 160, "Design Review," and to amend
Chapter 272 and Chapter 325 to update related code references.
B. Determination of Environmental Significance - Resolution
WHEREAS, the City of Ithaca is considering an amendment to the Municipal Code in
order to add a new chapter, Chapter 160, "Design Review," and amendments to
Chapter 272 and Chapter 325 to update code references, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (SEAF), dated October 20,
2011, and
WHEREAS, the proposed amendment has been reviewed by the Tompkins County
Planning Department pursuant to §239 -1 —m of the New York State General Municipal
Law, which requires that all actions within 500 feet of a county or state facility, including
county and state highways, be reviewed by the County Planning Department, and has
also been reviewed by the City of Ithaca Conservation Advisory Council and the City of
Ithaca Planning and Development Board, and
WHEREAS, the proposed actions are "Unlisted" Actions under the City Environmental
Quality Review Ordinance, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the SEAF prepared by planning staff; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth on the Short Environmental
Assessment Form, dated October 20, 2011, and be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk's Office, and forward the same to any other parties as
required by law.
C. An Ordinance to Add Chapter 160 entitled "Design Review" to the
City of Ithaca Municipal Code
WHEREAS, the City's existing design review legislation is part of Chapter 325, Zoning,
of the Municipal Code and provides for an advisory, non - binding review process, and
WHEREAS, the proposed City of Ithaca Design Review Ordinance would repeal the
existing design review legislation and establish an advisory, non - binding review process
in a new chapter of the Municipal Code, and
WHEREAS, the proposed Design Review Ordinance would improve the efficiency of
the review process for applicants and staff, and
WHEREAS, a public hearing on the proposed Design Review Ordinance was held on
November 16, 2011, and appropriate environmental review of the proposed zoning has
been completed; now, therefore,
ORDINANCE NO. 2011-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as
follows:
Section 1. Section 41 of Chapter 325, Zoning, of the Municipal Code of the City of
Ithaca is hereby repealed and will appear within the Municipal Code as "Reserved."
Section 2. A new chapter (Chapter 160) entitled "Design Review ", is hereby added to
the Municipal Code of the City of Ithaca, to read as follows:
§ 160 -1. Title.
This chapter shall be known and may be cited as the "City of
Ithaca Design Review Ordinance."
§ 160 -2. Purpose and Intent.
A. This section is intended to promote the general public
welfare by:
1. Promoting desirable urban growth and
development;
2. Promoting excellence of architectural and urban
design;
3. Preserving and enhancing community resources
such as historic architecture and neighborhood
character;
4. Achieving compatibility with adjacent properties.
B. The intent of this chapter is to provide for the review of
plans for construction, exterior alterations, additions, or
demolition of structures in certain zones of the City or
under certain conditions, which zones and conditions
are hereby deemed special in nature in terms of
architectural character, intensity of existing use and
development, sensitivity to the effect of change in use,
or other reason.
§ 160 -3. Definitions.
A. Definitions of specific terms or words as used in this
chapter shall conform to the definitions of the same terms
in the Site Plan Review Ordinance, Chapter 276, §276 -2,
and the Zoning Ordinance, Chapter 325, §325 -3.
B. In addition to the definitions in Chapter 276 and Chapter
325, the following terms shall be used in this chapter as
they are defined in this section:
MANDATORY DESIGN REVIEW
The required review of plans for construction,
exterior alterations, additions, or demolition of
structures
§ 160 -4. Applicability.
Mandatory design review shall apply to all proposals for:
A. New construction, exterior alterations, addition or
removal of exterior signs, or additions to any structure
within the zones designated B -1 b; B -2c; B -2d; all CBD
zones, including CBD -60, CBD -85, CBD -100, and CBD -
120; C -SU; WF -1; WF -2; and on any parcel within the
2009 Collegetown Planning Area as designated on the
map entitled "2009 Collegetown Urban Plan &
Conceptual Design Guidelines Planning Area," dated
November 2011, a copy of which is on file in the Ithaca
City Clerk's Office.
B. New construction, exterior alterations, or additions to
any structure 60 feet in height or greater in any zone.
C. Demolition of any primary structure within any zone,
and demolition of any portion of any structures within
the zones designated B -1 b; B -2c; B -2d; all CBD zones,
including CBD -60, CBD -85, CBD -100, and CBD -120;
C -SU; WF -1; WF -2; and on any parcel within the 2009
Collegetown Planning Area.
D. New construction of a primary structure on a parcel
within any zone within two years following a demolition
of a primary structure on that parcel.
E. Changes to the site, such as the addition of new or
alterations to existing hardscape elements, including
but not limited to paving, retaining walls, or fences on
any parcel within the 2009 Collegetown Planning Area.
§ 160 -6. Mandatory Non - Binding Design Review.
Design review recommendations shall not be binding, unless
such recommendation shall also be incorporated into a
decision by the Board of Zoning Appeals or as a condition of
site plan approval by the Planning and Development Board.
§ 160 -6. Exemptions.
A. Any action pertaining to any structure locally designated
as a landmark or within a locally designated historic
district shall be reviewed by the Ithaca Landmarks
Preservation Commission, and is therefore exempt from
the requirement for design review. All decisions of the
Ithaca Landmarks Preservation Commission are
binding.
B. Any action pertaining to any parcel within the 2009
Collegetown Study Area on which a single - family home
is and will remain the primary use shall be exempt from
the requirement for design review.
§ 160 -7. Limited Design Review Procedure.
A. The Building Commissioner or his or her designee shall
determine whether design review is required when an
application for a building permit or demolition permit is
submitted. If the determination is made that design
review is required, the Building Commissioner shall
transmit the application to the Director of Planning and
Development.
B. Upon receipt of the application, the Director of Planning
and Development or his or her designee shall
determine whether the proposal shall be subject to a
limited or full design review.
C. The Director of Planning and Development or his or her
designee shall have the authority to conduct a limited
review of proposals of Type II actions. All proposal for
Type I or Unlisted actions must go to the Planning and
Development Board for full review.
D. If a proposal may cause public controversy, the Director
of Planning and Development may refer the proposal to
the Planning and Development Board for full review.
§ 160 -8. Full Design Review Procedure
A. The Building Commissioner or his or her designee shall
determine whether design review is required when an
application for a building permit or demolition permit is
submitted. If the determination is made that design
review is required, the Building Commissioner shall
transmit the application to the Director of Planning and
Development.
B. Upon receipt of the application, the Director of Planning
and Development or his or her designee shall
determine whether the proposal shall be subject to a
limited or full design review.
C. Any individual or group proposing new construction or
development anywhere within the City of Ithaca may
request an informal design review and advisory
recommendation.
D. When the proposal is determined to be subject to full
design review, the individual or group making the
proposal shall submit an application to the Department
of Planning and Development with the following
information (as appropriate):
1. Name and contact information of the applicant;
2. Location and photographs of the property;
3. Building permit application number;
4. Architectural plans, site plans and drawings of
building facades;
5. Lists and /or samples of materials to be used;
6. Where the proposal includes signs or lettering, a
scale drawing showing the type of lettering to be
used, dimensions, colors, method of illumination,
and a plan showing the sign's location on the
property;
7. Any other information necessary to visualize the
proposed work.
E. The Planning and Development Board shall review the
proposal within 65 days from receipt of the completed
application or, if the project is subject to environmental
review, from the date of completion of environmental
review. The failure of the Planning and Development
Board to act within 65 days of the filing of an
application, unless an extension is mutually agreed
upon by the applicant and the Board, shall be deemed
to constitute approval.
F. All design review recommendations shall be
communicated in writing no later than 10 business days
after the meeting at which the recommendations are
made. A copy shall be sent to the applicant by mail and
a copy filed with the Building Commissioner.
Section 3. The City Planning and Development Board and the City Clerk shall update
the District Regulations Chart, as referred to in §325 -8, in accordance with the
amendments made herewith.
Section 4. Severability.
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 portion.
Section 5. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
D. An Ordinance to Amend Chapter 272 of the City of Ithaca Municipal Code
entitled "Signs" to amend Section 6 entitled "Signs Permitted in All Districts"
ORDINANCE NO. 2011 -
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as
follows:
Section 1. Section 272 -6 of the City of Ithaca Municipal Code, entitled "Signs Permitted
in All Districts ", is hereby amended to read as follows (strikethm gh indicates .deletion
underline and bold indicates new language):
§ 272 -6(A) Signs Permitted in All Districts. The following signs are permitted in
any use district without a permit as noted:
(6) Murals.
(b) Upon receipt of a proposal for a mural for any property subject
to the provisions of Chapter 160, Design Review, or Chapter 325,
Zoning, Article VIII Courthouse Special Use Zone, or Chapter 228,
Landmarks Preservation, of this Code or facing such property,
the Building Commissioner shall notify the Planning and
Development Board, the Public Art Commission, and/or the
Landmarks Commission, as applicable, for their information and
any appropriate action and shall so inform the applicant.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance 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 ordinance.
Section 3. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
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(b) Upon receipt of a proposal for a mural for any property subject
to the provisions of Chapter 160, Design Review, or Chapter 325,
Zoning, Article VIII Courthouse Special Use Zone, or Chapter 228,
Landmarks Preservation, of this Code or facing such property,
the Building Commissioner shall notify the Planning and
Development Board, the Public Art Commission, and/or the
Landmarks Commission, as applicable, for their information and
any appropriate action and shall so inform the applicant.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance 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 ordinance.
Section 3. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
E. An Ordinance to Amend Chapter 325 entitled "Zoning" Section 10 entitled
"Accessory Apartments ", and Section 325 -44 entitled "Review of Construction,
Demolition, and Alteration"
ORDINANCE 2011-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as
follows:
Section 1. Chapter 325 of the City of Ithaca Municipal Code entitled "Zoning ", Section
10D(6); entitled "Accessory Apartments - Requirements ", is hereby amended to read as
follows (6tFikethFough — indicates— delete, underline and bold indicates new
language):
§ 325 -10 – Accessory Apartments. In order to be granted a temporary permit, the
following criteria and requirements must be met:
(6) Exterior appearance. If an accessory apartment is located in the
main building, the entry to the building and its design shall be such
that the appearance of the building shall remain as a single family
residence. New or additional front entrances or windows are
discouraged but in any event must be in keeping with the
architectural style of the rest of the structure. Exterior stairways may
only be constructed in the rear, except where an alternate location
would be less publicly visible. Any exterior design changes may be
referred by the Board of Zoning Appeals to the Planning and
Development Board for its technical advice.
Section 2. Chapter 325 of the City of Ithaca Municipal Code entitled "Zoning ", Article IX,
entitled "Courthouse Special Use Zone ", Section 46(A)(B) entitled "Review of
Construction, Demolition, and Alteration" is hereby amended to read as follows(
strikethro gh ind'Gate6 deletien underline and bold indicates new lanquage):
§ 325 -44. Review of Construction, Demolition, and Alteration.
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(6) Exterior appearance. If an accessory apartment is located in the
main building, the entry to the building and its design shall be such
that the appearance of the building shall remain as a single family
residence. New or additional front entrances or windows are
discouraged but in any event must be in keeping with the
architectural style of the rest of the structure. Exterior stairways may
only be constructed in the rear, except where an alternate location
would be less publicly visible. Any exterior design changes may be
referred by the Board of Zoning Appeals to the Planning and
Development Board for its technical advice.
Section 2. Chapter 325 of the City of Ithaca Municipal Code entitled "Zoning ", Article IX,
entitled "Courthouse Special Use Zone ", Section 46(A)(B) entitled "Review of
Construction, Demolition, and Alteration" is hereby amended to read as follows(
strikethro gh ind'Gate6 deletien underline and bold indicates new lanquage):
§ 325 -44. Review of Construction, Demolition, and Alteration.
A. Demolition, exterior alterations or additions to existing structures
and parking areas and construction of new buildings or parking
areas within the C -SU Zone shall be subject to strict review and
approval by the Planning and Development Board and the Ithaca
Landmarks Preservation Commission within their respective areas of
responsibility. (See Subsection B below and Chapter 160, Design
Review.) Proposals for demolition of structures within the C -SU Zone
but outside designated City landmark districts shall nonetheless be
referred to the Landmarks Preservation Commission, which shall
make its recommendation to the Planning and Development Board
before the .latter takes final action.
B. Demolition. exterior alteration or enlaraement of structures or
parking areas or construction of new buildings or parking areas in C-
SU Zones shall be subject to design review as provided in Chapter
160. In performing such review and recommending any modifications
to proposed exterior work, the Planning and Development Board
shall pay particular attention to the visual effect of such work on the
character of the area and adjacent residential zones. In no case shall
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A. Demolition, exterior alterations or additions to existing structures
and parking areas and construction of new buildings or parking
areas within the C -SU Zone shall be subject to strict review and
approval by the Planning and Development Board and the Ithaca
Landmarks Preservation Commission within their respective areas of
responsibility. (See Subsection B below and Chapter 160, Design
Review.) Proposals for demolition of structures within the C -SU Zone
but outside designated City landmark districts shall nonetheless be
referred to the Landmarks Preservation Commission, which shall
make its recommendation to the Planning and Development Board
before the .latter takes final action.
B. Demolition. exterior alteration or enlaraement of structures or
parking areas or construction of new buildings or parking areas in C-
SU Zones shall be subject to design review as provided in Chapter
160. In performing such review and recommending any modifications
to proposed exterior work, the Planning and Development Board
shall pay particular attention to the visual effect of such work on the
character of the area and adjacent residential zones. In no case shall
the Planning and Development Board take final action on a proposal
for demolition within any part of the C -SU Zone which is not within a
locally designated landmark district before receiving the
recommendation of the Landmarks Preservation Commission on
such proposal. Approval of proposed demolitions, alterations or new
construction within the C -SU Zone by the Planning and Development
Board or the Landmarks Preservation Commission, as applicable,
shall be a prerequisite of approval of such proposals by the Building
Commissioner and the Board of Zoning Appeals, as appropriate.
Section 3. The City Planning and Development Board and the City Clerk shall update
the District Regulations Chart, as referred to in §325 -8, in accordance with the
amendments made herewith.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance 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 ordinance.
Section S. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
14. MAYOR'S APPOINTMENTS:
14.1 Appointments — Reappointments to Various City Boards /Committees —
Resolution
Board of Public Works — Resolution
RESOLVED, That Claudia Jenkins be reappointed to the Board of Public Works with a
term to expire December 31, 2014, and be it further
Board of Fire Commissioners — Resolution
RESOLVED, That William D. Gilligan be reappointed to the Board of Fire Commissions
with a term to expire June 30, 2014, and be it further
Board of Zoning Appeals — Resolution
RESOLVED, That Marilyn Tebor -Shaw be reappointed to the Board of Zoning Appeals
with a term to expire December 31, 2014, and be it further
RESOLVED, That James Marshall be reappointed to the Board of Zoning Appeals with
a term to expire December 31, 2014, and be it further
Commons Advisory Board — Resolution
RESOLVED, That Tim Gray be reappointed to the Commons Advisory Board with a
term to expire December 31, 2014, and be it further
RESOLVED, That Chris Georgaroudakis be reappointed to the Commons Advisory
Board with a term to expire December 31, 2014, and be it further
RESOLVED, That Joseph Gaylord be reappointed to the Commons Advisory Board
with a term to expire December 31, 2014, and be it further
Conservation Advisory Council — Resolution
RESOLVED, That Michel Culotta be reappointed to the Conservation Advisory Council
with a term to expire December 31, 2015, and be it further
RESOLVED, That Thomas Shelley be reappointed to the Conservation Advisory
Council with a term to expire December 31, 2015, and be it further
Disability Advisory Council — Resolution
RESOLVED, That Jaime Freilich be appointed to the Disability Advisory Council to fill a
vacancy with a term to expire June 30, 2014, and be it further
Examining Board of Electricians — Resolution
RESOLVED, That Joseph Kohm be reappointed to the Examining Board of Electricians
with a term to expire December 31, 2014, and be it further
Housing Board of Review — Resolution
RESOLVED, That Charette Wheelis be reappointed to the Housing Board of Review
with a term to expire December 31, 2014, and be it further
Ithaca Housinq Authority — Resolution
RESOLVED, That Loretta Tomborelli Epthimiatos be appointed to the Ithaca Housing
Authority Board to fill a vacancy with a term to expire October 17, 2015, and be it further
Ithaca Landmarks Preservation Commission - Resolution
RESOLVED, That Edward Finegan be reappointed to the Ithaca Landmarks
Preservation Commission with a term to expire December 31, 2014, and be it further
RESOLVED, That Stephen B. Gibian be appointed to the Ithaca Landmarks
Preservation Commission to replace Lynn Truame with a term to expire December 31,
2013, and be it further
RESOLVED, That Christine O'Malley be appointed to the Ithaca Landmarks
Preservation Commission to replace Nancy Brcak with a term to expire December 31,
2014.
Natural Areas Commission — Resolution
RESOLVED, That Sarah B. Steuteville be reappointed to the Natural Areas
Commission with a term to expire December 31, 2014, and be it further
Parks Commission — Resolution
RESOLVED, That Roberta Moudry be reappointed to the Parks Commission with a
term to expire December 31, 2014, and be it further
Planning and Development Board — Resolution
RESOLVED, That John Schroeder be reappointed to the Planning and Development
Board with a term to expire December 31, 2014, and be it further
Pubic Art Commission — Resolution
RESOLVED, That Caleb Thomas be reappointed to the Public Art Commission with a
term to expire December 31, 2014, and be it further
Shade Tree Advisory Committee — Resolution
RESOLVED, That Judith P. Fogel be reappointed to the Shade Tree Advisory
Committee with a term to expire December 31, 2014, and be it further
Youth Bureau Advisory Board — Resolution
RESOLVED, That Chris Milner be reappointed to the Youth Bureau Advisory Board with
a term to expire December 31, 2014, and be it further
RESOLVED, That September Johnson be appointed to the Youth Bureau Advisory
Board to replace Annabel Fowler with a term to expire December 31, 2014.
14.2 Appointments to City of Ithaca Youth Council — Resolution
RESOLVED, That Oseoba Airewele, Dominique Cooper, Leyla Dietrich, and Sam
Wagner be appointed to the Youth Council as associate members.