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HomeMy WebLinkAbout10-03-12 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, October 3, 2012, 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: 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 City Administration Committee - A Resolution to Authorize Funding for a New School Speed -Limit Zone on North Cayuga Street 8.2 Finance /Controller's Office - Request to Approve Civil Service Agreement for the Year 2012 -2013 - Resolution 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Resolution to Select Artwork for a Mural within the Green Street Parking Garage 9.2 Amendment to the Cayuga Green Purchase and Sale Agreement Timeline — Resolution 9.3 Neighborhood Housing Initiative Changes — Conversion to Financial Assistance Program - Resolution 9.4 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 178 entitled "Exterior Property Maintenance ", Section 178 -10 regarding "Enforcement" 9.5 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 258 entitled "Rental Housing ", Section 258 -6 entitled "Return of Security Deposit by Landlord to Tenant" 10. GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE: No items were submitted for the agenda Common Council Agenda October 3, 2012 Page 2 11. CITY ADMINISTRATION COMMITTEE: 11.1 Department of Public Works - A Resolution to Authorize the Submission of Safe Routes to School Program Application 11.2 Police Department - Request to amend 2012 Authorized Budget for Grant 11.3 City Controller's Report - Mayor Myrick - Presentation of Proposed 2013 City of Ithaca Budget 12. REPORTS OF SPECIAL COMMITTEES: 13. NEW BUSINESS: 14. INDIVIDUAL MEMBER — FILED RESOLUTIONS: 15. MAYOR'S APPOINTMENTS: 15.1 Appointment of Part-Time City Court Judge — Resolution 15.2 Appointment to Board of Zoning Appeals - Resolution 15.3 Reappointments to Commons Advisory Board — Resolution 15.4 Reappointment to Ithaca Housing Authority Board — Resolution 15.5 Reappointments to Workforce Diversity Advisory Committee - Resolution 16. REPORTS OF COMMON COUNCIL LIAISONS: 17. REPORT OF CITY CLERK: 18. REPORT OF CITY ATTORNEY: 19. MINUTES FROM PREVIOUS MEETINGS: 19.1 Approval of the September 5, 2012 Common Council Meeting Minutes — Resolution 19.2 Approval of the September 19, 2012 Special Common Council Meeting Minutes - Resolution 20. 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 lie Conley Holco b, CMC City Clerk Date: September 27, 2012 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 A Resolution to Authorize Funding for a New School Speed -Limit Zone on North Cayuga Street WHEREAS, on September 10, 2012, the Board of Public Works approved a new school speed -limit zone on North Cayuga Street next to the Ithaca High School, and WHEREAS, the Transportation Engineer has estimated the cost of the new signs required for the school speed -limit zone to be approximately $2,000, and WHEREAS, funding for these signs was not included in the 2012 budget for the Department of Public Works; now, therefore be it RESOLVED, That Common Council does hereby approve the transfer of an amount not to exceed $2,000 from Account A1990 Unrestricted Contingency to Account A3311- 5482 Traffic Control Signs and Blanks for the purpose of funding the new school speed limit signs. 8.2 Finance /Controller's Office - Request to Approve Civil Service Agreement for the Year 2012 -2013 - Resolution RESOLVED, That the Mayor and City Controller be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance by the City for services in connection with Civil Service matters, for the period July 1, 2012, to June 30, 2013, in an amount of $57,911, payable to the City of Ithaca on or before November 1, 2012. BACK -UP ITEM 8.2 AGREEMENT THIS AGREEMENT made the day of , 2012, by and between the CITY OF ITHACA, a municipal corporation of the State of New York, hereinafter referred to as the "City ", party of the first part, and CITY SCHOOL DISTRICT, CITY OF ITHACA, a municipal corporation of the State of New York, hereinafter referred to as the "School District ", party of the second part. WITNESSETH: WHEREAS, the Board of Education of the School District desires to enter into a contract with the City for the performance by the City of certain services, to avoid duplication and unnecessary expense, particularly services in connection with Civil Service matters on behalf of the School District, pursuant to Section 2503, subparagraph 16, of the New York Education Law, and WHEREAS, the total number of classified Civil Service employees on the payrolls of the City and the City School District for the final payroll period in December 2011 was 899, and WHEREAS, the actual annual expenditures for the Civil Service Commission of the City of Ithaca for the 2011 fiscal year of the City was $106,689; NOW, THEREFORE, the parties hereto agree as follows: 1. That for the services rendered and to be rendered by the City for the School District during the School District fiscal year, which is July 1, 2012, through June 30, 2013, the School District shall pay to the City a lump sum of $ 57,911, payable on or before November 1, 2012. 2. In consideration of such payment, the City agrees: (a) to furnish the School District the part-time services of the Civil Service Commission of the City of Ithaca and the members of its staff, and the City Clerk and the members of her staff; and (b) to handle the records and perform any other necessary Civil Service services relating to Board of Education employees in the classified service, including examinations and tests when required. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their respective duly authorized officers as of the day and year first above written. ATTEST: City Clerk ATTEST: School District Clerk CITY OF ITHACA, NEW YORK By: Mayor CITY SCHOOL DISTRICT CITY OF ITHACA, NEW YORK By: Assistant Superintendent of Business Services 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Resolution to Select Artwork for a Mural within the Green Street Parking Garage WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City's public spaces, and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, the Board of Public Works approved several locations for future murals and street art, including walls in the City garages on Green Street and Seneca Street, by resolution on May 19, 2010, and WHEREAS, local artist Sean Chilson submitted his proposal for a mural titled "Love Conquers All" as part of the PAC's Mural and Street Art Program, and WHEREAS, the PAC unanimously approved Mr. Chilson's mural proposal at its meeting on August 9, 2012 and, upon review of the potential mural sites pre- approved by the Board of Public Works, selected the concrete block wall facing the surface -level parking lot of the Green Street Garage as the location for the proposed mural, and WHEREAS, the PAC held a public comment period on the proposed mural design and recommended location at its special meeting on September 6, 2012 to gather input on the proposed installation, and WHEREAS, the Public Art Commission recommends that the Common Council select the "Love Conquers All" mural proposal submitted by Sean Chilson to be installed on the concrete block wall facing the surface -level parking lot of the Green Street Garage; now, therefore, be it RESOLVED, That the City of Ithaca Common Council selects the mural "Love Conquers All" by Sean Chilson to be installed within the Green Street Parking Garage and to be added to the City of Ithaca's public art collection; and be it further RESOLVED, That the selected artist may proceed with the installation of his mural on the concrete block wall facing the surface -level parking lot of the Green Street Garage upon the execution of an agreement with the City (as reviewed by the City Attorney). 9.2 Amendment to the Cayuga Green Purchase and Sale Agreement Timeline (Cayuga Green Project, Approval of 4th Amendment to the Purchase and Sale Contract for Parcel 'D') WHEREAS, on June 27, 2012, Cayuga Green II, LLC submitted a request for a 6 -month extension of the purchase and sale contract (Sales Contract) between the Ithaca Urban Renewal Agency (IURA) and Cayuga Green II, LLC for purchase of Parcel 'D' (tax map parcel #81. -2 -4) of the Cayuga Green project, and WHEREAS, Parcel 'D' is an approximately' /2 acre, triangular- shaped parcel located between the Cayuga Garage and the Six Mile Creek Walk, and WHEREAS, the Sales Contract agrees to a sales price of $270,000 and 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 ", and WHEREAS, to enforce the future land use obligation, the Contract requires the purchaser to satisfy the following seller contingencies prior to June 30, 2012 as a condition of conveyance of the property: 1. Submit proof of final site development plan approval for a project containing at least 30 housing units; 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 purchaser did not satisfy all of the above - listed seller contingencies by June 30, 2012, and WHEREAS, the purchaser has submitted revised project plans to the City of Ithaca Planning & Development Board and indicated they have received an acceptable loan proposal to finance the project from a regional lending source, and WHEREAS, the purchaser has revised the project to eliminate a ground floor commercial use, reduce the building footprint to provide a required 10 -foot rear yard along the Six Mile Creek Walk, and now proposed construction of a 39 -unit, loft- style, residential rental project, including 1- bedroom, 2- bedroom and 3- bedroom units, and WHEREAS, on August 28, 2012, the City of Ithaca Planning & Development Board granted modified site plan approval for the project, and WHEREAS, the purchaser indicated they have invested almost $200,000 in project predevelopment costs to date, and WHEREAS, each request to extend the Sales Contract results in a delay to realize anticipated public benefits of the project, including revenues from permit fees, property taxes, and parking fees, and requires staff and legal resources to administer, and WHEREAS, Cayuga Green II, LLC, seeks no property tax abatements for this market -rate project, and WHEREAS, under §507 of Article 15 of General Municipal Law, the IURA's proposed disposition of real property requires Common Council approval following a public hearing, and WHEREAS, contingent upon Common Council approval, the IURA approved a 4th amendment to the Sales Contract subject to the following terms and conditions: 1. The purchaser's deadline to satisfy seller contingencies to secure final site plan approval, project financing and issuance of a building permit is extended to December 31, 2012, and 2. Inclusion of a requirement for payment of a $20,000 non - refundable deposit toward the purchase price and /or City of Ithaca building permit fees be paid upon signing the amendment, which shall be retained by the seller in the event seller contingencies are not satisfied by December 31, 2012, and WHEREAS, a public hearing on the proposed amendment to the Purchase and Sale Contract was held on September 12, 2012, 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, a negative declaration was issued for an earlier 7 -story version of the project pursuant to the City Environmental Quality Review Ordinance, and WHEREAS, the revised 4 -story project and the action of approving the proposed 4th amendment to the Sales Contract is no less protective of the environment than the previously approved project, therefore no additional environmental review is required; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby approves a 4th amendment to the Purchase and Sale Contract with Cayuga Green II LLC for Parcel 'D' (tax map parcel # 81. -2 -4) subject to the following terms and conditions: 1. The purchaser's deadline to satisfy seller contingencies to secure final site plan approval, project financing and issuance of a building permit is extended to December 31, 2012, and 2. Inclusion of a requirement for payment of a $20,000 non - refundable deposit toward the purchase price and /or City of Ithaca building permit fees be paid upon signing the amendment, which shall be retained by the seller in the event seller contingencies are not satisfied by December 31, 2012. 9.3 Neighborhood Housing Initiative Changes — Conversion to Financial Assistance Program - Resolution WHEREAS, in 2002, the Common Council of the City of Ithaca and the Ithaca Urban Renewal Agency adopted the Neighborhood Housing Initiative (NHI) program, and authorized up to $2 million in bonding authority to finance the program, and WHEREAS, the goal of the NHI program is to improve neighborhood stability by converting substandard rental residential properties blighting a neighborhood into renovated owner - occupied homes, and WHEREAS, the objectives of the program include eliminating blighting conditions; increasing the number and percentage of homeowners in the City; converting rental properties to owner - occupancy status; and stimulating private sector investment in neighborhoods, and WHEREAS, the NHI program operates by (1) acquiring blighting properties; (2) rehabilitating the building for home ownership, or demolition with new construction if rehabilitation is not feasible; (3) sale of the property at a fair market price to an owner - occupant with a deed restriction requiring owner - occupancy for 25 years, and WHEREAS, the Ithaca Urban Renewal Agency (IURA) administers the program on behalf of the City, and WHEREAS, $1,050,000 of bond funding has been issued to complete six homes at an average subsidy of approximately $70,000 per property, and WHEREAS, approximately $600,000 in NHI bond proceeds are on account from sale of rehabilitated homes, and WHEREAS, the Homeownership Investment Committee (HIC) was established to oversee and implement the NHI program to acquire properties, rehabilitate and sell homes, and WHEREAS, in 2011 the HIC concluded that the program as configured was no longer meeting the cost objectives of the program to rehabilitate and sell 17 -23 homes per $1 million of bonding at an average subsidy of approximately $50,000 per property. The HIC raised concerns about: • the significantly higher acquisition costs due to a stronger housing market; • high rehabilitation costs resulting in higher subsidies; • the lack of incentives for the contractor to complete projects in a timely fashion; • high holding expenses caused by holding ownership of the property for extended periods of time during the design, permitting, rehabilitation, and resale phases of the project, and WHEREAS, the IURA finds that there is still a need to convert vacant and substandard rental housing to owner - occupied housing, particularly for affordable home ownership, and recommends reforming the NHI program in a two -stage process: Stage 1 - Change Method of Program Deliver r Convert the program to a financial subsidy program open to application from housing developers to seek gap funding in an amount necessary to acquire and rehabilitate /replace blighting substandard non - owner - occupied housing and sell them at fair market value to homebuyers with a 25 -year owner - occupancy deed restriction. Stage 2 — Change Objective to Create Affordable Homeownership Modify the objective of the program to create affordable homeownership opportunities through either rehabilitation of substandard non - owner - occupied housing or through new construction of compatible homes on existing vacant lots, and WHEREAS, implementing the stage 2 reform will require bond counsel review and issuance of an authorizing opinion that has not been completed to date, but stage 1 reform only changes the delivery methodology of the existing authorized program, and WHEREAS, a housing developer has proposed an NHI - eligible homeownership project to the IURA; now, therefore, be it RESOLVED, That the Common Council hereby concurs with the IURA to modify the method of delivering the Neighborhood Housing Initiative (NHI) program and hereby authorizes the IURA to undertake the stage 1 reform of the NHI program to make available existing NHI bond proceeds to provide gap funding to housing developers to implement the NHI program for rehabilitation /replacement of blighted, substandard, non - owner- occupied housing and sale to homebuyers with a 25 -year owner - occupancy deed restriction. 9.4 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 178 entitled "Exterior Property Maintenance ", Section 178 -10 regarding "Enforcement" Ordinance 2012- BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows: Section 1. Chapter 178, Section 178 -10, entitled "Enforcement," is hereby amended to read as follows: A. Civil penalties. (1) Any property owner and /or agent who violates any provision of this chapter or of § 325 -29.3, except those provisions specified in Subsection A (2) below, shall be liable for a civil penalty of [$50] 25 for the first violation at a property within a [twelve] six -month period, [$200] 50 for a second violation at the same property within a [twelve] six - month period, [and $300] 200 for a third violation at the same property within a six - month period, and $300 for a fourth or subsequent violation at the same property within a [twelve] six -month period. For any fine not paid within six months of the date of the offense, there shall be a late penalty in the amount of 20% of the fine added to the amount due, such late penalty waiveable for good cause shown. (2) Any property owner and /or agent who violates any provision of § 178 -3E, G, I or J, or any of the provisions in § 178 -3F regarding grass, weeds, brush, plantings, or obstruction of views, shall be liable for a civil penalty of $40 for the first violation at a property within a twelve -month period, $60 for a second violation at the same property within a twelve -month period, and $100 for a third or subsequent violation at the same property within a twelve month period. (3) Each violation of this chapter or of § 325 -29.3, and each day during which a violation continues, shall be deemed to be a separate violation. (4) The City Attorney or his or her designee may commence an action or special proceeding against the violator in a court of competent jurisdiction to collect these penalties, together with costs, disbursements and recoverable attorneys' fees, and /or to compel compliance with or restrain by injunction any such violation. (5) When the City Attorney obtains a judgment in an action or proceeding under this section either against the property owner or agent, or both, in addition to the appropriate methods for enforcement of judgments established in the Civil Practice Law and Rules, such judgment for penalties may constitute a lien, be a lien on the subject property and on the rents therefrom, or may be collected in the manner of any other civil judgment. (6) In the event a defendant property owner does not answer a ticket within six months of the court date specified on the summons, the court having jurisdiction shall enter default plea of guilty on behalf of the defendant property owner and render a default civil judgment of the fine specified in this section. Upon motion by the defendant property owner with good cause for the default shown and a meritorious defense asserted, the court shall vacate the default plea of guilty. Mailing the summons to an address other than the one specified in the building department file shall also be grounds to vacate the default plea of guilty. B. Appearance tickets and appeals. Notwithstanding any contrary Code provision, appearance tickets may be issued by the Building Commissioner and /or Commissioner's designee(s) charging violations of this chapter or of § 325 -29.3 whenever there is probable cause to believe that said violations have occurred. Any rights to administrative appeals to any board or commission of the City of Ithaca mentioned elsewhere in this Code shall not apply as a condition precedent to issuing an appearance ticket charging a violation of this chapter or of § 325 -29.3. Any right to an administrative appeal from a decision or determination of the Building Commissioner or other City official with regard to the above Code chapter and section shall apply only in cases in which the City intends to correct the violation and seek to charge the property owner or agent for the costs of correction. 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 notice as provided in the Ithaca City Charter. 9.5 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 258 entitled "Rental Housing ", Section 258 -6 entitled "Return of Security Deposit by Landlord to Tenant" Ordinance 2012- BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows: Section 1. Chapter 258, Section 258 -6, entitled "Return of security deposit by landlord to tenant" is hereby amended to read as follows: A. ..... B. [Nothing in this section shall be construed to imply other than it is the landlord's responsibility to return the tenant's security deposit or balance as soon as reasonably possible.] If there is a provision in a rental agreement that a tenant is responsible to reimburse or apply from a security deposit any amounts due from tickets written pursuant to Chapter 178 of this code for the property or residential unit being rented, it shall be the landlord's responsibility to give the tenant notice of that ticket in a timely fashion as a condition to enforce that provision, and in order to help the tenant correct and prevent the condition for which the ticket was issued. Timely notice shall be no later than three weeks from the date the ticket is sent from the court to the landlord. Failure to provide such notice shall serve as the landlord's waiver of reimbursement or application of security deposit for any ticket for which notice was not given. C. Nothing in the section shall be construed to imply other than it is the landlord's responsibility to return the tenant's security deposit or balance as soon as reasonably possible. 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 notice as provided in the Ithaca City Charter. 11. CITY ADMINISTRATION COMMITTEE: 11.1 Department of Public Works -A Resolution to Authorize the Submission of Safe Routes to School Program Application WHEREAS, The Safe Routes to School (SRTS) Program was created in 2005 on passage of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA -LU), now in its second round of funding, and WHEREAS, the New York State Department of Transportation, which is administering the program in the state, has called for applications to be due on October 5, 2012, and WHEREAS, staff from the Office of the City Engineer have worked with Ithaca City School District (ICSD) officials to jointly develop an application for the SRTS program wherein the City and the ICSD will share the responsibility for implementing various aspects of the project; which includes building traffic - calming devices, school -zone upgrades, and educational activities, and WHEREAS, three ICSD schools - Beverly J. Martin Elementary School, Fall Creek Elementary School, and Boynton Middle School - will be participating in this project, and WHEREAS, Common Council supports this initiative and wishes to submit this application, now therefore be it RESOLVED, That Common Council authorizes the Mayor of the City of Ithaca to sign a Memorandum of Understanding with the Ithaca City School District, which has been reviewed by the City Attorney's Office to work with ICSD on the Safe Routes to School Program, and be it further RESOLVED, That Common Council authorizes the Mayor to sign and submit a grant application for the Safe Routes to School program in an amount not to exceed $300,000, and be it further RESOLVED, That Common Council also authorizes the submission of this application with the understanding that, though the City of Ithaca will provide funding in the first instance, 100% of eligible costs (which will not include in -kind staff administration expenses) will be reimbursed by federal funds. CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 OFFICE OF THE CITY ENGINEER Telephone: 607/274 -6530 Fax: 607/274 -6587 Back Up 11.1 TO: Common Council FROM: Kent Johnson, Junior Transportation Engineer September 27, 2012 RE: Resolution in support of joint City of Ithaca / Ithaca City School District Safe Routes to School grant application The City of Ithaca and the Ithaca City School District (ICSD) have been working together over the previous months to develop an application to submit to NYSDOT seeking funding through the federal Safe Routes to School program. Three ICSD schools (BJM Elementary School, Fall Creek Elementary School, and Boynton Middle School) will be participating in this effort. Our application proposes three types of improvements designed to address our local challenges, and to meet state and federal program goals. The three topics areas are: creation of a traffic - calmed route network to connect neighborhoods to the schools, upgrades to school zone signs, and educational activities for students. The estimated total cost for the infrastructure and programming activities is $297,950; which is 100% reimbursable (except for in -kind staff administrative costs). To apply for the funding, both the City and the ICSD need to provide resolutions of support. 6a& op aK, I � -I MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ITHACA, AND THE ITHACA CITY SCHOOL DISTRICT WITH REGARD TO A SAFE ROUTES TO SCHOOL GRANT APPLICATION WHEREAS, the signatories of this Memorandum of Understanding wish to jointly submit an application to seek federal Safe Routes to School funding as well as to jointly administer various elements detailed in the application, and WHEREAS, the signatories recognize the benefits of collaborating together on this project and realize that each party must contribute staffing resources, in -kind, to deliver the various elements detailed in the application in a timely and effective manner, and recognize that failure to do so may lead to the loss of federal funding for this project and may jeopardize the signatories' ability to receive future Safe Routes to School funding as well as other federal and state funding from other grant programs, NOW, THEREFORE, the signatories agree as follows: A. The signatories are the CITY OF ITHACA (hereinafter "City ") and the ITHACA CITY SCHOOL DISTRICT (hereinafter "ICSD "). B. The Safe Routes to School (SRTS) application details the various elements to the project. In summary, the project includes three (3) elements. The key element to this plan is the establishment of a network of traffic- calmed routes connecting neighborhoods to two elementary schools and a middle school. Supporting elements include upgraded school zone improvements, and non - infrastructure activities to build students' skills and enthusiasm for walking and biking to school. C. The City agrees to: 1. Administer the infrastructure elements (traffic-calmed routes and school zone improvements) of the project. This will involve City staff time contributed in -kind to design the infrastructure elements and to manage and oversee contractors con structing/installing the infrastructure items. 2. Conduct public outreach activities related to the infrastructure elements of the project in concert with the ICSD conducting public outreach activities relating to the non - infrastructure elements of the project. 3. Report to the NYSDOT all necessary information related to the infrastructure items. Additionally, the City will work with the ICSD during evaluation and reporting tasks to ensure that City and ICSD written materials are presented in a unified format. 4. Meet periodically with ICSD staff, and others involved in this project, to discuss project progress, and to offer /receive suggestions and guidance. 5. Work collaboratively with ICSD, and others, to build a broad coalition of stakeholders in hopes that this group can maintain some of the SRTS educational activities beyond the reimbursement period. 6. Work with the ICSD to ensure that ICSD non - infrastructure costs intended for reimbursement (not to exceed $50,000) are eligible for reimbursement prior to expending ICSD funds in the first instance. The City will then submit eligible ICSD costs (after being paid in the first instance by the ICSD) to NYSDOT for reimbursement, and, after receiving such reimbursement, the City will pass the reimbursed funds to the ICSD (either directly from the NYSDOT or channeled through the City). 7. Provide project information on the City's website. Page 1 of 2 D. The ICSD agrees to: 1. Administer the non - infrastructure elements of this project as outlined in the SRTS application, including but not limited to educational activities, event planning & implementation, and curriculum development. The exact scope of the non - infrastructure activities may change during the "preliminary design phase" of this project. During that phase (planned for Summer 2013 -Fall 2013), the ICSD will lead the public outreach activities pertaining to the non - infrastructure elements; feedback from the public and /or from ICSD staff may suggest a better scope of non - infrastructure activities. The ICSD will determine the final scope and will ensure that substantive changes are pre- approved by NYSDOT to guarantee that costs remain eligible for reimbursement. 2. Pay all non - infrastructure costs in the first instance. Prior to expending ICSD funds, the ICSD should consult with the City to ensure that costs planned for reimbursement are eligible for such reimbursement. The ICSD will properly report all costs eligible for reimbursement to the City; the City will then forward the reimbursement request to NYSDOT for approval. City will pass the reimbursed funds to the ICSD (either directly from the NYSDOT or channeled through the City). 3. Conduct public outreach activities related to the non - infrastructure elements of the project in concert with the City conducting public outreach activities relating to the infrastructure elements of the project. 4. The ICSD will work with the City during evaluation and reporting tasks to ensure that ICSD and City written materials are presented in a unified format. 5. Meet periodically with City staff, and others involved in this project, to discuss project progress, and to offer /receive suggestions and guidance. 6. Work collaboratively with the City, and others, to build a broad coalition of stakeholders in hopes that this group can maintain some of the SRTS educational activities beyond the reimbursement period. 7. Provide project information on the ICSD website. E. This agreement shall be effective upon execution by all the participating entities and shall continue until December 31, 2016, or until the completion of the project, whichever is later. F. The City and ICSD hereby agrees to indemnify, hold harmless and defend themselves and their respective officers, employees, agents or elected officials, from and against any and all claims and actions brought against the City or ICSD and their respective officers, employees, agents and elected officials for injury or death to any person or persons, or for damage to property, arising out of the performance of this Memorandum of Understanding by the City or ICSD, or either's employees, subcontractors or agents. City of Ithaca Name: Title: Signature: Date: Ithaca City School District Name: Margaret F. Boice Title: Assistant Superintendent for Business Signature: �' 4,� /� i Date: September 1.8, 2012 Page 2 of 2 11.2 Police Department - Request to Amend 2012 Authorized Budget for Grant - Resolution WHEREAS, the Ithaca Police Department was awarded a grant of $20,000 from the Triad Foundation, and WHEREAS, the money is to be used for the purchase of new patrol rifles and for upgrading existing patrol rifles; now, therefore, be it RESOLVED, That Common Council hereby amends the 2012 authorized Police Department budget as follows: Increase Revenue Account: A3120- 2705 -05050 Gifts and Donations $20,000 Increase Appropriation Accounts: A3120- 5225 -05050 Other Equipment $ 6,400 A3120- 5476 -05050 Equipment Maintenance $13,600 $20,000 15. MAYOR'S APPOINTMENTS: 15.1 Appointment of Part-Time City Court Judge — Resolution WHEREAS, Judge James Kerrigan was appointed to the part-time position of City Court Judge in 2007, has long served in that capacity, and will retire as of December 31, 2012, and WHEREAS, in May of this year the Mayor publicized a call for applications for appointment to the part-time position at City Court, and WHEREAS, a number of high quality applicants submitted applications, and participated in interviews with the Mayor, and WHEREAS, the Mayor has engaged in extensive fact - finding regarding these applicants, both through review of the applicants' professional records, and through dialogues with various stakeholders knowledgeable of the applicants' professional accomplishments, now therefore let it be RESOLVED, That Common Council approves the appointment of Scott A. Miller to the position of part-time City Court Judge effective January 1, 2013 with a term to expire December 31, 2018. To: From: Date: Subject: CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 OFFICE OF THE CITY ATTORNEY Aaron O. Lavine, City Attorney Robert A. Sarachan, Assistant City Attorney Patricia M. O'Rourke, Assistant City Attorney Krin Flaherty, Assistant City Attorney Jody Andrew, Executive Assistant MEMORANDUM Mayor Svante Myrick Common Council Aaron Lavine, City Attorney September 25, 2012 Appointment to City Court Telephone: 607/274-6504 Fax: 607/274 -6507 As you know, Judge Kerrigan will be retiring from the part-time position on City Court at the end of this year, resulting in a vacancy on the Court as of January 2013. Earlier this year, the Mayor sought, reviewed and discussed desired qualities in an appointee to the City Court, including: experience, temperament, knowledge and familiarity with the City and its stakeholders, reputation, commitment to fair and unbiased decision making, and of course ability at legal analysis and problem solving alike. The Mayor, myself, and the City Clerk put out a call for applicants for appointment to this position in May of this year. Thereafter, the Mayor received four high quality applications with substantial backup materials exhibiting the professional accomplishments of each candidate. After a careful review of these materials, the Mayor conducted a day of interviews in July, in which I also participated, encompassing each of these candidates. The Mayor then solicited additional input and advice from a variety of stakeholders, many of whom are deeply familiar with all of the candidates and their professional records. As you know, and after much deliberation, the Mayor has put forward Scott Miller for Council's approval to a six year term as the next part -time City Court judge. Scott's resume reflects a lengthy, hugely experienced, and impressively diverse legal background, including extensive civil and criminal representations, hundreds of appearances in Ithaca City Court, a large number of trials, teaching experience, organizational management experience, municipal representation, drug court defenses, and much else. Of no small note, Scott's experience is not only of very high quality, but also of great relevance to Ithaca in particular, as he enrolled in Cornell Law School over twenty years ago and has pursued virtually all of his experience locally ever since. The most fleeting survey of Scott's professional record also reveals that he is an incredibly hard worker who will be well equipped to address the substantial caseload that awaits him at City Court. The Mayor and I look forward to discussing Scott's appointment with you next week. Scott A. Miller, Esq. 200 East Buffalo Street; Suite 502 • Ithaca, NY 14850 (607) 273 -5475 • sam hgvmlaw.com Profile: Accomplished trial attorney and adjunct law professor with a strong background in high level felony criminal and civil litigation, civil rights, real estate, development (residential and commercial), and landlord and tenant law. Proven ability to engage in complex litigation in Federal and State Courts. Experience negotiating complex transactions. Education: • Cornell University, B.A. Ithaca, NY 1990 • Oxford University Postgraduate Center for Hebrew Studies 1989 -90 Oxford, England • Cornell Law School, J.D., Cum Laude 1995 Legal Experience: Holmberg, Galbraith, Van Houten & Miller July1999- present 200 East Buffalo Street; Suite 502 • Ithaca, NY • Partner for 13 years in law firm. Executive experience and responsibility for managing staff, personnel issues, 401(k) programs plan and health benefits. • Handle all levels of criminal matters (misdemeanor, felony and parole). Tried approximately 20 criminal jury trials [including several murder trials] to verdict • Civil litigation, corporate litigation, personal injury, wrongful death actions • Federal and State Civil'Rights, Federal Tort Claims, Federal Anti - Cybersquatting • Ithaca City Code violations, Ithaca City Court small claims, evictions [both landlord and tenant clients], New York Vehicle and Traffic • NY State Uniform Fire and Prevention Building Code • Extensive appearances in NY state appellate courts • Business law, specializing in restaurant start-up and liquor licensing, New York State Sales Tax Audit law, municipal law, zoning, assessment • Article 78 Proceedings • Cornell University Judicial Hearings • NY Labor Law • Real estate, commercial transactions, foreclosure defense • Divorce and custody actions, wills, trusts and estates • Work closely with local probation officers and substance abuse counselors and treatment centers to design alternatives to incarceration for clients 1 of 205. Cornell Law School • Ithaca, NY Spring Adjunct Law Faculty 2004 - present Teach Cornell Law 6921 "Trial Advocacy," 5 credit advanced litigation course for 2L and 3L students. Instruct on trial litigation strategies to class size of approx. 35 students. The course is devoted to the study of trial techniques. Fundamental skills are taught and evaluated weekly in the context of challenging procedural and substantive law problems. Each stage of the trial is examined: jury selection, opening statement, direct examination, cross- examination, objections, impeachment, exhibits, expert witnesses, child witnesses, pre - trial, and closing argument. In addition to lectures, the students perform trial exercises every week, culminating with a full day jury trial exercise at the completion of the course on a weekend at a local court with an actual judge and jury. Special Cornell Law School Homicide Clinic Feb. 2011 -May 2012 Volunteered to work with three Cornell Law students where I designed and developed an apprentice program that gave each law student several hundred hours of actual litigation work. I trained students to handle every aspect of a high profile patricide murder case [People v. Taranto; Tompkins County Court]. Law students served as "second- chairs" and tried murder case with me in April 2012. Students received Cornell Law School credit, and are more prepared to try cases than other graduating Cornell Law students. Enfield. NY Town Attorney Oct. 2001- Feb. 2004 • Similar to the Ithaca City Attorney. Handled all aspects of municipal law for the Town of Enfield, NY. Law office of Scott A. Miller 408 North Tioga Street - Ithaca, NY 1996 -1999 • Sole practitioner, represented hundreds of indigent criminal defendants and family court clients through Tompkins County Assigned Counsel Program. Ithaca City Drug Treatment Court Attorney Jan. -June 1999 • Selected by then Ithaca City Court Judge John C. Rowley to serve as defense counsel for the first year of Ithaca City Drug Treatment Court. Awards: • 1995 Cornell Public Service Center Robinson Apel Humanitarian Award Award for setting up the Cornell Law Students Big Brothers Big Sisters Liaison Program which coordinated with Ithaca Youth Bureau and matched mentor law students with Tompkins County youth. • 1989 Cornell University Newman Fellowship for one year study at Oxford University Postgraduate Center for Hebrew Studies 2 of 205. Community Service /Activities: • Tompkins County Bar Association 2009- present Board of Directors and current Vice President Term of President commences October 2012 Editor Tompkins County Bar Association Newsletter • Downtown Ithaca Alliance 2010 - present Serve on Board of Directors and current Chairperson of Government Relations Committee and current I" Vice- President. • Ithaca Neighborhood Housing Services 2007- present Serve on INNS Board of Directors. Also served on INHS Client Committee 2006 -2008. • Ithaca Youth Bureau 2000 -2003 Big Brothers Big Sisters Program Served on Ithaca Big Brothers Big Sisters [One -to -One Program) Board of Directors and served as Chairperson 2002 -2003. Also volunteered as a Big Brother to an at risk youth. Lectures: "Criminal Law Issues the General Practitioner Needs to Know," to Tompkins County Bar Association, March 6, 2003 "Ethical and Practical Problems: Defending the Guilty Defendant," to Tompkins County Bar Associate, March 6, 2003 "Ethics and the Lawyer: Issues Surrounding Client Perjury," Cornell Law School, Lawyering Class, April 2007 "The Role of the Bill of Rights," Dewitt Middle School : Look to the Future Career Day, May 26, 2011 "Defending the Guilty Client," Dewitt Middle School: Look to the Future Career Day, May 25, 2012 Beverly J. Martin School Summer Basketball Youth Program repeat guest career lecturer Articles /Op Ed Publications: "Lessons from War," Ithaca Times March 19, 2003. "Real Property Law §462 requires full disclosure of skeletons in the closet," Tompkins County Bar Association Newsletter October 2011. "U.S. Supreme Court Throws Legal Immigrants a Life Raft," Tompkins County Bar Association Newsletter Jan.2012. References available upon request 3 of 205. 15.2 Appointment to Board of Zoning Appeals — Resolution RESOLVED, That Gabriel Holbrow be appointed to the Board of Zoning Appeals to replace Geoffrey Milz with a term to expire December 31, 2013, and be it further 15.3 Reappointments to Commons Advisory Board — Resolution RESOLVED, That Kris Lewis be reappointed to the Commons Advisory Board with a term to expire December 31, 2014, and be it further RESOLVED, That Joseph Wetmore be reappointed to the Commons Advisory Board with a term to expire December 31, 2014, and be it further 15.4 Reappointment to Ithaca Housing Authority Board — Resolution RESOLVED, That Arthur Williams be reappointed to the Ithaca Housing Authority Board with a term to expire October 17, 2017, and be it further 15.5 Reappointments to Workforce Diversity Advisory Committee - Resolution RESOLVED, That Marcia Fort be reappointed to the Workforce Diversity Advisory Committee with a term to expire December 31, 2015, and be it further RESOLVED, That Sue Kittel be reappointed to the Workforce Diversity Advisory Committee with a term to expire December 31, 2015, and be it further RESOLVED, That Nancy K. Bereano be reappointed to the Workforce Diversity Advisory Committee with a term to expire December 31, 2015, and be it further RESOLVED, That Elizabeth Vance be reappointed to the Workforce Diversity Advisory Committee with a term to expire December 31, 2015, and be it further