HomeMy WebLinkAbout08-06-14 Common Council Meeting Agenda1 - CopyOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, August 6, 2014,
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
1. 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:
8.1 DPW - Request Funding for Engineering Services Agreement for Amendment
No. 1 for Design of Bar Screen and Bio-Solids Dewatering Equipment and other
Miscellaneous Improvements to the Influent Building at the Wastewater
Treatment Facility - Resolution
8.2 DPW – Request to Amend the 2014 DPW Budget for NYSEG Court Street
Project Work - Resolution
9. CITY ADMINISTRATION COMMITTEE:
9.1 A Local Law Entitled the “City of Ithaca Local Law Authorizing the Creation of a
Stormwater Utility and the Establishment of a Stormwater User Fee”
9.2 IPD – Request to Amend 2014 the Ithaca Police Department Authorized Budget
for Tactical Grant – Resolution
9.3 City Controller’s Report
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Resolution to Select Artwork for a Mural Installation on the Entry Wall of the
Seneca Street Parking Garage
10.2 Resolution to Select Artwork for a Mural Installation within the Stairwell Near the
Intersection of South Cayuga Street and West Spencer Street
10.3 City of Ithaca 2014-2018 Consolidated Plan – HUD Entitlement Grant Program –
Resolution
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
Common Council Meeting Agenda
August 6, 2014
Page 2
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Alderperson Clairborne – Call for Increasing Look-Back Period Under The New
York State Property Tax Freeze Legislation - Resolution
14. MAYOR’S APPOINTMENTS:
14.1 Appointment/Reappointment to Various City Boards and Committees –
Resolution
15. REPORTS OF COMMON COUNCIL LIAISONS:
16. REPORT OF CITY CLERK:
17. REPORT OF CITY ATTORNEY:
18. MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the June 25, 2014 Common Council Committee of the Whole
Meeting Minutes - Resolution
18.2 Approval of the July 2, 2014 Common Council Meeting Minutes - Resolution
18.3 Approval of the July 30, 2014 Common Council Committee of the Whole
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.
______________________________
Julie Conley Holcomb, CMC
City Clerk
Date: July 31, 2014
8. CONSENT AGENDA ITEMS:
City Administration:
8.1 DPW - Request Funding for Engineering Services Agreement for
Amendment No. 1 for Design of Bar Screen and Bio-Solids Dewatering Equipment
and other Miscellaneous Improvements to the Influent Building at the Wastewater
Treatment Facility - Resolution
WHEREAS, the Ithaca Area Wastewater Treatment Facility (WTTF) is in need of certain
Capital Improvements, and
WHEREAS, GHD Engineers completed an Engineering Report entitled “Ithaca Area
WWTF Influent Building and Dewatering System Improvements Study” as the final
project funded by Capital Project #416J, and
WHEREAS, in order for the staff to maintain its goals as embodied in its five-year
capital plan, this agreement provides engineering services for the next set of proposed
capital improvements, and
WHEREAS, the authorization for an amount not to exceed $274,000 for GHD Engineers
to design the improvements to the Influent Building, including replacement of the bar
screen equipment and the addition of a new bio-solids dewatering system as identified
in the aforementioned engineering study, and
WHEREAS, the Special Joint Sewer Committee (SJSC) approved said professional
services contract with GHD Engineers at its meeting of October 9, 2013, contingent on
fund availability and attorney approval of the agreement, and
WHEREAS, the funding supplied by this resolution will be placed in the account for
Capital Project #419J, and
WHEREAS, GHD Engineers has submitted a proposal entitled “Amendment No. 1 for
services to complete the design including additional design work associated with HVAC
in the influent building, provide bid review services and provide construction services
totaling $137,500”; now, therefore be it
RESOLVED, That Common Council hereby amends Capital Project #419J by an
amount not to exceed $137,500 for a total Project Authorization of $411,500 to fund the
proposed agreement with GHD Engineers, and be it further
RESOLVED, That funds necessary for said amendment shall be derived from either the
issuance of Bonds or from Capital Reserve J-1 as determined by the City Controller,
and be it further
RESOLVED, That Common Council hereby recommends the project contingent upon
action by all wastewater partners committing their percentage of reimbursement shares
to the Joint Activity Fund allocated per the Joint Sewer Agreement as follows:
Municipality Percentage Project Cost
City of Ithaca 57.14 $78,567.50
Town of Ithaca 40.88 56,210.00
Town of Dryden 1.98 2,722.50
$ 137,500.00
8.2 DPW – Request to Amend the 2014 DPW Budget for New York State Electric
and Gas (NYSEG) Court Street Project Work - Resolution
WHEREAS, New York State Electric and Gas (NYSEG) has reimbursed the City for
street work on North Plain, Esty, and Court Streets and in the amount of $186,440, and
WHEREAS, the City needs to account for this reimbursement by amending the 2014
DPW Budget for Maintenance of Roads, and
WHEREAS, the project included street, sidewalk, curb and tree lawn improvements on
North Plain, Esty, and Court Streets; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2014 DPW Authorized Budget
for the purposes of accounting for the NYSEG reimbursement of $186,440 for work on
North Plain, Esty, and Court Streets as follows:
Increase Revenue Account:
A5111-1710 Maintenance $186,440
Increase Appropriation Accounts:
A5111-5483 Maintenance of Roads Construction Services$167,140
A7111-5485 Parks & Forestry Trees 19,300
9. CITY ADMINISTRATION COMMITTEE:
9.1 A Local Law Entitled the “City of Ithaca Local Law Authorizing the Creation
of a Stormwater Utility and the Establishment of a Stormwater User Fee”
9.1 A Local Law Entitled the “City of Ithaca Local Law Authorizing the Creation
of a Stormwater Utility and the Establishment of a Stormwater User Fee”
WHEREAS, the City’s underlying geography, including the presence of Cayuga Lake,
streams, and inlets, and its location at the base of many hills that send runoff into the
City, makes stormwater management both especially important and difficult, and
WHEREAS, flood control, including issues such as the ice jams of last winter and the
Flood Control Channel dredging that the City has been pursuing for years, is a question
of stormwater management, and
WHEREAS, in the 2014 National Climate Assessment, the United States Global
Change Research Program stated that the Northeast region of the United States is
experiencing increased precipitation as a result of climate change, including “more than
a 70% increase in the amount of precipitation falling in very heavy events” over the last
fifty years, “a greater recent increase in extreme precipitation than any other region in
the United States,” and
WHEREAS, each year, the City spends the better part of a million dollars on
stormwater-related expenses, such as construction and maintenance of storm sewers
and channeled streams, environmental management, and regulatory compliance, and
WHEREAS, the City is subject to federal and state stormwater regulations as a small
municipal separate stormwater sewer system, and enacted a Local Law in 2007 “to
establish minimum stormwater management requirements and controls to protect,
maintain, and enhance the health, safety and general welfare of the citizens of the City
and its natural environment” as required by such regulations, constituting an unfunded
mandate, but did not address program funding in such law; and
WHEREAS, the funding for the City’s stormwater program is derived primarily from
taxes, which do not account for the amount of stormwater generated by impervious
surfaces located on any given parcel and do not provide any incentive for property
owners to reduce the amount of runoff generated by their properties, and
WHEREAS, the funding for the City’s stormwater program is derived primarily from
taxes, thus omitting tax-exempt properties from participation in the funding of the
stormwater programming and infrastructure needed to handle runoff generated by such
properties, and
WHEREAS, a funding mechanism for the stormwater program that is not derived from
real property taxes is necessary for the City to maintain and improve stormwater
infrastructure, meet current and future regulatory requirements, and prepare for the
expected continuing impacts of climate change, and
WHEREAS, Municipal Home Rule Law Section 10(1)(ii)(a)(9-a) authorizes the City to
provide for the “fixing, levy, collection and administration of rentals, charges, rates or
fees, penalties and rates of interest thereon, liens on local property in connection
therewith and charges thereon,” now, therefore,
Local Law No. 2014-___
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Findings, Intent, and Purpose.
The Common Council makes the following findings of fact:
A. Every parcel of real property that contains impervious surface areas, both
public and private, uses and benefits from the maintenance of the
stormwater system.
B. As recognized in the Department of Environmental Conservation’s 2010
Stormwater Management Design Manual, “Rooftops, roads, parking lots,
driveways and other impervious surfaces no longer allow rainfall to soak
into the ground. Consequently, most rainfall is directly converted into
stormwater runoff . . . [T]he volume of stormwater runoff increases sharply
with impervious cover,” including the peak flow rate of runoff from a
property. Thus, the presence of impervious surfaces contributes to flash
flooding and negatively affects water quality in the City’s waterways.
Accordingly, a property owner who chooses to construct or maintain an
impervious surface is choosing to use the City’s stormwater infrastructure
to handle the runoff (and any sediment, chemicals, or other pollutants
contained in the runoff) from the property.
C. Changed incentives are required in order to motivate individual property
owners to reduce the rate and volume of runoff from their respective
properties and to increase its water quality. Properties with large,
impervious surfaces, such as parking lots, are often assessed at a lower
value for property tax purposes than smaller properties with a residential
building surrounded largely by pervious surfaces, even though the former
properties have a much larger effect on the City’s stormwater
infrastructure. As a result, the costs of stormwater services required to
meet the City’s regulatory obligations, increase waterway quality, and
protect City residents and businesses from flooding are not currently
shared by each property in proportion to the demands it places on such
services.
D. Impervious surfaces that tax-exempt property owners have chosen to
construct or maintain on their properties substantially increase the need
for, and cost of providing, stormwater services. When such costs are paid
out of the City’s tax revenues, however, the owners of those properties do
not participate in funding the infrastructure and services required by the
runoff generated due to their decisions.
Pursuant to Municipal Home Rule Law Section 10(1)(ii)(a)(9-a) the City of Ithaca is
authorized to adopt a local law relating to the adoption of user fees. The user fee
enacted by this Local Law will be used to pay the costs incurred by the City in offering
services and infrastructure to handle runoff caused by a property owner’s choice to
construct or maintain impervious surfaces on a given property. Further, this dedicated
source of funds for stormwater programming is needed for the City to address its aging
infrastructure, the increasing number of federal and state regulations regarding the
handling of stormwater with which the City must comply, and the increases in overall
precipitation and heavy precipitation events that have already occurred, and are
anticipated to continue, due to climate change.
Section 2. Creation of Stormwater Utility.
A new Chapter 283 of the City Code, entitled “Stormwater Utility,” is created as follows:
Section 283-1. Definitions.
BOARD.
The Board of Public Works.
CREDIT RATE.
The scaling factor that shall be applied in the calculation of Stormwater
User Fee credits. For structures or practices that, as determined by the
Superintendent, are anticipated to provide:
(i) both treatment quality and quantity attenuation, the Credit
Rate shall be twenty percent (20%);
(ii) either treatment quality or quantity attenuation, the Credit
Rate shall be ten percent (10%).
DEVELOPED LOT.
A Lot which has an Impervious Surface Area greater than or equal to
twenty-five percent (25%) of an Equivalent Residential Unit.
EQUIVALENT RESIDENTIAL UNIT (“ERU”).
The average amount of Impervious Surface Area on a Residential
Property in the City, as determined by the Common Council.
IMPERVIOUS SURFACE.
Any surface on a Lot that, because of the surface’s composition or
compacted nature, impedes or prevents natural infiltration of water into the
soil, including, but not limited to, roofs, solid decks, driveways, patios,
sidewalks (other than public walks located in the City’s right-of-way),
parking areas, tennis courts, concrete, asphalt, or crusher/run streets or
paths, or compacted gravel or dirt surfaces, as determined by the
Department of Public Works.
IMPERVIOUS SURFACE AREA.
As recorded or calculated by the Department of Public Works, the number
of square feet of horizontal surface on a Lot covered by an Impervious
Surface.
LOT
Lot or parcel of land, as set forth by the current City of Ithaca Tax Maps on
file with the Tompkins County Department of Assessment.
NON-RESIDENTIAL LOT.
All Developed Lots other than Residential Lots.
PROPERTY CLASS CODE.
The property type classification code, as defined by the New York State
Office of Real Property Services in the Assessors’ Manual, assigned to a
Lot by the Tompkins County Department of Assessment, as may be
updated by that Department from time to time.
PROPERTY OWNER or OWNER.
The owner of a Lot as shown on the Tompkins County tax records.
RESIDENTIAL LOT.
A Developed Lot with a Property Class Code of 210, 215, 220, 230, 240,
250, or 270, or substantially identical successor designations.
STORMWATER.
The runoff from all forms of precipitation that travels over natural or
developed surfaces to the nearest stream, other conduit, or impoundment
and appears in lakes, rivers, ponds, or other bodies of water.
STORMWATER SERVICES.
The City program for protection of Stormwater quality and for the partial
control and conveyance of Stormwater, including, but not limited to: public
education; monitoring, removing, and regulating Stormwater pollutants;
other activities described in the City’s New York SPDES permit; mapping;
planning; regulating, reviewing and inspecting private Stormwater
infrastructure; operating, constructing, improving, cleaning, and
maintaining the City's Stormwater System; and any and all expenses
deemed reasonably necessary to the management of Stormwater within
the City in the judgment of the Superintendent of Public Works, as
instructed from time to time by the Board of Public Works, including but
not limited to the payment of debt principal and debt service, and the
establishment of a reserve fund, to pay for these services.
STORMWATER SYSTEM
The system of natural and constructed conveyances for collecting and
transporting stormwater, including but not limited to lakes, ponds, rivers,
perennial, intermittent, and/or channeled streams, connected wetlands,
open ditches, catch basins and other inlets, pipes, sewers, drains,
culverts, and created stormwater management facilities that provide partial
treatment by passive means such as wet detention ponds, detention
basins, and stormwater wetlands.
STORMWATER USER FEE.
The fee charged for costs incurred by the City in providing Stormwater
Services.
SUPERINTENDENT.
The Superintendent of Public Works, or his or her designee.
TREATMENT EFFICIENCY.
As determined by the Superintendent, the calculated effectiveness,
expressed as a percentage of total possible effectiveness of an ideal
stormwater management practice or structure, of a stormwater
management practice or structure designed to remove a desired
component through quality treatment, quantity attenuation, or both, as
applicable.
Section 283-2. Stormwater User Fees.
A. Each Developed Lot in the City shall be subject to a monthly Stormwater
User Fee equal to the product of four dollars ($4.00) and the number of
ERUs of Impervious Surface Area on the Lot as calculated below, less any
credits for the Lot approved by the Superintendent pursuant to Section
283-3.
(1) Every Residential Lot, and each Non-Residential Lot with an
Impervious Surface Area less than or equal to one (1) ERU, shall
be deemed to have an Impervious Surface Area equal to one (1)
ERU.
(2) The number of ERUs of Impervious Surface Area on a Non-
Residential Lot with an Impervious Surface Area greater than one
(1) ERU shall be calculated by dividing the Lot’s Impervious
Surface Area by the value of one (1) ERU, and rounding the result
up to the nearest one-quarter (1/4) of an ERU.
B. Equivalent Residential Unit.
(1) An Equivalent Residential Unit is equal to two thousand, three
hundred (2,300) square feet.
(2) At least once every five (5) years, the Superintendent shall report to
the Board and Common Council regarding changes in the average
Impervious Surface Areas of Residential Lots.
C. Measurement of Impervious Surfaces.
(1) Any Owner may file an application with the Superintendent
contesting the calculation of Impervious Surface Area on the Lot as
of the date of the application. The applicant must submit
satisfactory evidence as required by the Superintendent, such as
square footage measurements and descriptions of the relevant
buildings or materials. For applications submitted prior to July 1,
2015, any approved changes in calculations will take effect
retroactive to January 1, 2015. For all other applications, any
approved changes in calculations will take effect on the first day of
the billing period beginning after the application was submitted,
even if retroactive as of date of approval; no refunds or credits shall
be granted for amounts billed prior to submission of the application.
The applicant may appeal the determination of the Superintendent
as set forth in Section 283-5(A).
(2) The Superintendent shall endeavor to update the Impervious
Surface data in the City’s geographic information systems at least
once every five (5) years.
(3) Upon close-out of any building permit under which the associated
documentation or other data indicates that at least one-quarter (1/4)
of an ERU of Impervious Surface has been constructed upon a Lot,
the Director of Planning and Development or authorized code
enforcement personnel shall provide to the Superintendent notice
of the number of square feet of Impervious Surface added, in net,
to the Lot, as indicated on documentation associated with said
permit, together with the applicable tax lot number. The
Superintendent shall thereafter update the data in the City’s
geographic information systems to reflect the adjusted Impervious
Surface Area on the Lot.
Section 283-3. Stormwater User Fee Credits.
A. The Stormwater User Fee for a Non-Residential Lot shall be reduced as
provided herein if the Superintendent certifies that the Lot is eligible for
one or more credits in accord with this section.
B. Calculation of Credits. The credit for a practice or structure shall be the
product of: the Lot’s Stormwater User Fee, the percentage of the total
Impervious Surface Area on a Lot mitigated by the practice or structure,
the practice or structure’s Credit Rate, and the practice or structure’s
Treatment Efficiency.
C. Eligible Practices. Credits are available for those Stormwater management
practices or structures enumerated in a detailed list entitled “Approved
Stormwater User Fee Credits”, maintained by the Superintendent,
established by resolution of the Board, and updated from time to time by
additional resolution of the Board on consultation with the Superintendent.
Such updates shall only be effective in conjunction with this Chapter if, at
least 14 days before the Board finally votes on any such update, the
Superintendent provides to the Board and to the City Controller an
estimate of the probable annualized budget impact of such updates upon
the stormwater account maintained by the City Controller.
D. Review Criteria. An engineered structure or practice that provides quality
treatment and/or quantity attenuation shall be considered by the
Superintendent using the criteria set forth herein.
(1) The proposal must demonstrate that the practice will provide a
quantifiable treatment and/or runoff control benefit to the site
through engineered design principles.
(2) The watershed subcatchment leading to the practice must be
clearly defined including the area, amount of impervious cover,
flowpath, and existing and proposed land use.
(3) The credit for a structure will be prorated based on that structure’s
Treatment Efficiency. For example, the credit for an otherwise-
qualifying structure that is designed for ten percent (10%) water
quality volume treatment efficiency will be reduced by ninety
percent (90%), as compared with a structure designed for 100%
efficiency.
(4) Designs must follow the New York State Department of
Environmental Conservation’s Stormwater Management Design
Manual guidelines, as amended or replaced by substantially
identical guidelines.
(5) The Owner must assume all responsibility for practice operation
and maintenance. Failure to maintain the structure shall result in
cancellation of the credit pursuant to Section 283-3(E).
E. Administration of Credits.
(1) In order to obtain a credit, an Owner must apply in a form
satisfactory to the Superintendent.
(2) If an application is approved by the Superintendent, the resulting
reduction in the Stormwater User Fee shall take effect with the
beginning of the next billing period that begins at least thirty (30)
days after the application was approved. The Superintendent shall
have the discretion to make the credit retroactive to the next billing
period beginning after the application was submitted if the interests
of justice so require. Unless otherwise specified, an approved credit
shall continue to be applied on each future bill so long as the Lot
continues to be eligible for the credit; provided, however, that the
Superintendent shall cancel any credit for failure to provide the City
with access to inspect and confirm the Lot’s continuing eligibility for
a particular recurring credit.
(3) The applicant may appeal the Superintendent’s denial of an
application or cancellation of a previously-approved credit as set
forth in Section 283-5(A).
Section 283-4. Stormwater Account and Billing.
A. The City Controller shall create and maintain a dedicated stormwater
account separate from all other City accounts or funds. All Stormwater
User Fees, and any penalties or interest on such user fees, shall be
deposited into that account, and shall be used by the City solely to provide
Stormwater Services.
B. Billing.
(1) The City Chamberlain shall issue bills for Stormwater User Fees on
a quarterly basis, or another regular, periodic basis, not less
regularly than annually. The Stormwater User Fees may be billed
on a combined utility bill that contains other charges, including for
water and/or sewer service. Stormwater User Fees that are shown
on a combined bill may be for a different service period than that
used for other utility services.
(2) Bill Recipient.
(a) Single Water and/or Sewer Account. For a Lot associated
with only one (1) water and/or sewer account, the City will
bill the Stormwater User Fee to the individual or entity
receiving the utility bill for such account. The Owner may
elect to receive the bill or redirect the bill to a third-party, with
the third-party’s consent, by executing and submitting a form
provided by the City Chamberlain.
(b) All Other Lots. For all other Lots, the City will bill the
Stormwater User Fee to the Owner on a separate utility bill.
The Owner may elect to redirect the bill to a third-party, with
the third-party’s consent, by executing and submitting a form
provided by the City.
(c) In all cases, the Owner is finally responsible for any unpaid
Stormwater User Fees, including penalties and/or interest.
(3) If a Lot is incorrectly billed, or not billed, or a bill is sent to the wrong
party, the City may backbill a property for a period not to exceed
two (2) years.
(4) The Superintendent, the City Controller, and the City Chamberlain
are authorized to develop billing forms, guidelines, and practices
not inconsistent with this Section.
C. Effect of Nonpayment.
(1) No Certificate of Occupancy or Certificate of Compliance shall be
issued by the Director of Planning and Development or authorized
code enforcement personnel for any building or structure located on
a Lot if the Stormwater User Fee for such portion of the Lot is in
arrears.
(2) The Stormwater User Fee shall be payable without penalty for thirty
(30) days following the billing date. On all amounts unpaid at the
expiration of such period, five percent (5%) of the amounts unpaid
shall be added and collected. On all amounts remaining unpaid
after thirty days following the expiration of such period, and after
each period of thirty days or portion thereof thereafter, one percent
(1%) of the amounts unpaid shall be added and collected, up
through and including October of each year.
(3) Any uncontested portion of the Stormwater User Fee, with any
added penalty or interest, remaining unpaid on or before November
1 of any year shall be listed as a separate item on the subsequent
year’s City property tax bill. Fees which have been contested in a
timely manner and which have been determined by the Board to be
due and payable before November 1 of any year shall be similarly
listed.
D. The Board shall prescribe, in its discretion, a schedule of application
and/or inspection fees to be charged in connection with this Chapter. Such
fees shall be deposited in the stormwater account.
Section 283-5. Appeals and Reissuance of Fees.
A. Any applicant aggrieved by the Superintendent’s determination pursuant
to Sections 283-2(C)(1) or 283-3(E) may appeal such decision to the
Board at an open meeting thereafter. Such appeal must be in writing and
explain why the Superintendent’s decision should be reversed. The
applicant may present evidence to the Board at the open meeting at which
the appeal is considered, but such evidence must be limited to the matters
stated in the written appeal.
B. Whenever any Stormwater User Fee charged under the provisions of this
Section shall be set aside or shall be decided by any court having
jurisdiction thereof to have been improperly or illegally charged or
whenever it shall be ascertained that the proceedings under which said
fee has been issued shall have been so far irregular and erroneous as to
make the collection of such fee illegal, then the City Chamberlain is
authorized to issue a new fee with the same force and effect as if it had
been the original fee.
Section 283-6. Retention of Existing Powers.
Nothing herein shall be construed to modify or alter any power of the Common
Council, Board of Public Works, Superintendent of Public Works, Planning and
Development Board, or Director of Code Enforcement to require the construction,
maintenance, or repair of privately-maintained stormwater infrastructure at the
cost of the Property Owner as part of site plan review or other applicable
regulation.
Section 3. Severability Clause.
Severability is intended throughout and within the provisions of this Local Law. If any
section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this Local Law.
Section 4. Effective and Operative Date.
This Local Law shall take effect January 1, 2015, provided it is first filed in the office of
the Secretary of State, or upon filing in the office of the Secretary of State thereafter.
1
To: Common Council
From: Ari Lavine, City Attorney
Subject: Proposed Stormwater Legislation
Date: June 19, 2014
The previously-circulated Stormwater Fact Sheet—also included in this packet—remains the
primary summary document to assist in your review of this proposed legislation. I am providing
in this memorandum some supplemental highlights that may be of use in your consideration of
this proposed legislation.
1. Long-term Stormwater Programmatic Planning.
The proposed stormwater utility and associated user fee presents exciting long-term
planning opportunities for the City's stormwater program, streetscape, and green spaces.
A long-term collaboration between the City's DPW and its Planning and Zoning staff
may, in the coming years, succeed in building upon the financial foundation and pro-
permeability incentives reflected in the current proposal in order to (i) improve the look
and feel of the City in accord with planning and zoning priorities while (ii) reducing
strains on the City's stormwater infrastructure and associated costs, and (iii) reducing
environmental impact of stormwater runoff.
These initiatives could take many forms. A few examples might include:
(a) providing rain barrels, rain gardens, or financial support for the same to residences
throughout the City, perhaps leveraging funding provided by the proposed stormwater
utility as a local match for outside grant funding that might be obtained,
(b) planning and zoning for public and private green space, and
(c) enabling the DPW to adhere to a long-term work plan--in which interest has already
been expressed--for stormwater infrastructure and management.
2. Credits for Stormwater Mitigations.
The stormwater user fee credits proposed for section 283–3 of the code are of necessity
somewhat technical in nature. I want to take this opportunity to provide a plain-English
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
OFFICE OF THE CITY ATTORNEY
Aaron O. Lavine, City Attorney Telephone: 607/274-6504
Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507
Krin Flaherty, Assistant City Attorney
Jared Pittman, Assistant City Attorney
Jody Andrew, Executive Assistant
2
primer. Non-Residential Lots are proposed to be eligible for credits; the administrative
costs of providing credit opportunities to Residential Lots--which are proposed to pay a
flat fee of $12 per quarter--render such credits inadvisable in the view of the Task Force.
Non-Residential credits could include everything from bio-swales to holding tanks, and
much else, as enumerated by the BPW from time to time. (See the included, proposed
BPW resolution for this purpose.)
The calculation of a credit is proposed to involve calculating a percentage discount off of
the otherwise-applicable user fee for a particular lot. That discount is based upon scope
(i.e. percentage of generated-runoff that is treated), type (quality treatment, i.e., removing
pollutants; quantity attenuation, i.e., reducing volume; or both), and effectiveness of the
mitigation generating the credit. So, for example, a mitigation that treats all stormwater
generated by impermeable surfaces on a lot (scope), does so both for purposes of
eliminating peak flow volumes and eliminating silt and pollutants in the water (type) and
with full effectiveness, is an ideal mitigation generating the maximum credit for that lot.
The actual size of that maximum credit is then determined by one last constant: the Credit
Rate, as discussed immediately below.
3. Setting the Credit Rate.
One of the determinations that Council will need to make in considering this proposed
law is the level at which to set the Credit Rate. The Credit Rate is a scaling factor,
probably best demonstrated by example: If a property fully and effectively mitigates for
both quality and quantity all of its generated stormwater (albeit ultimately still
discharging to the City's stormwater system) then a 20% Credit Rate will give that
property a 20% discount on its User Fee; or for either quantity or quality but not both, a
10% discount. The level at which the Credit Rate is set is a policy decision for Council.
On the one hand, a high Credit Rate incentivizes and rewards stormwater mitigations. On
the other hand, it provides credit for mitigations that in the vast majority of instances
were already required by state regulatory requirements, while reducing revenues
available to the City's Stormwater program. Current staff estimates suggest that, roughly
speaking, the reduction in citywide annual user fee revenues associated with a maximum
Credit Rate of 20% would be something under $10,000; associated with a maximum
Credit Rate of 100%, something under $50,000.
4. Billing Mechanism.
As described in the Fact Sheet, the Task Force has recommended, and the City
Chamberlain supports, a billing mechanism for the stormwater user fee of including this
fee as a separate line on quarterly water and sewer bills, where applicable. After further
discussion with the City Chamberlain, the proposed legislation:
(a) bills the stormwater user fee onto the water and sewer bill for any property receiving
only one water and sewer bill each quarter (i.e, for only one water meter). For these
properties, this means that a non-owner (such as a tenant) may receive the bill
containing the user fee, though the arrangement between owner and tenant for
responsibility to pay the user fee would be up to them to work out, and if unpaid, final
legal responsibility would always rest with the owner.
3
(b) bills the stormwater user fee onto a separate bill directed to the owner for any
property receiving more than one water and sewer bill each quarter, or receiving no
water and sewer bill at all.
5. Implementation Impact and Cost in Chamberlain's Office.
Because of the significant first-year workload that this law will generate in the
Chamberlain's Office (in order to set up user fee billing to each property in the city),
discussions with the City Chamberlain suggest that a January 2015 effective date for this
law can likely only be achieved with a temporary staff addition to assist with data
inputting. Staff estimate that this requirement will very roughly cost $5,000 this fall in
order to implement this law.
1
Stormwater Task Force Fact Sheet
Proposed Legislation Concerning Stormwater Infrastructure Management and Financing
• Summary of Current Context and Policy.
o Stormwater management is a major expense for the City. We are situated on a
lake, traversed by streams and inlets, at the base of many hills whose runoff
comes our way. Stormwater consumes the better part of a million dollars of the
budget each year on everything from storm sewers and channeled streams to
environmental management and regulatory compliance. Flood control—including
pressing issues like ice-jams and dredging—is ultimately a question of stormwater
management too. Stormwater runoff also has major environmental impact.
o Currently, the City’s stormwater program is funded primarily by tax dollars, not
by the City’s major tax-exempt owners, and not in a manner that accounts for the
expected runoff generated by each property. Beyond regulation of construction
sites and new development, the City Code provides few meaningful incentives for
reducing runoff from existing properties.
o For these reasons, in September 2013 the Mayor convened a Stormwater Task
Force, chaired by the City Attorney, to address these problems and report
recommendations to the BPW, and ultimately to Council.
• Task Force Objectives for a New System of Stormwater Management Financing.
o Improved incentives for reducing stormwater runoff from each property:
Incentivize permeable surfaces: gardens, lawns, green roofs, etc.
Disincentivize impermeable surfaces: extensive paving, expansive roofs.
o Shared cost burden of program in proportion to each property’s expected runoff
Large parking lots contribute more than small gardens.
o Inclusion of tax-exempt owners in a new system of financing.
o Dedicated funding for current and future maintenance and regulatory obligations.
• Creation of Stormwater Management User Fees.
o The Task Force recommends the creation of a citywide Stormwater Management
User Fee (“the Fee”), based on the square footage of impervious surface per lot, a
metric that is already recorded in the City’s GIS database for each lot in the City.
o The Fee will be billed to each property—whether tax-exempt or not—in quarterly
increments, in conjunction with water and sewer bills where applicable.
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
OFFICE OF THE CITY ATTORNEY
Aaron O. Lavine, City Attorney Telephone: 607/274-6504
Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507
Krin Flaherty, Assistant City Attorney
Jared Pittman, Assistant City Attorney
Jody Andrew, Executive Assistant
2
• Proposed Stormwater Management User Fee Formula.
o The proposed formula uses as its starting point the concept of an Equivalent
Residential Unit (“ERU”), calculated as the average square footage of
impermeable surface on a residential lot. As calculated, 1 ERU = 2,300 sq. ft.
o The proposed formula entails three categories of properties:
Stormwater-Exempt Lots: those lots containing less than 0.25 ERU’s of
impermeable surface. Proposed Annualized Fee: $0.
Low Runoff Residential Lots: one-, two-, and three-family residences, all
assumed to contain 1 ERU. A lot’s eligibility will be determined by the
Property Type Classification Code assigned to it by the Tompkins County
Department of Assessment. These codes are established by the New York
State Office of Real Property Services. Proposed Annualized Fee: $48.
All Other Lots: this category is proposed for treatment in two sub-groups:
• Lots containing 0.25 – 1 ERU. Proposed Annualized Fee: $48.
• Lots containing in excess of 1 ERU. Proposed Annualized Fee:
$48 per ERU, assessed in 0.25 ERU increments (i.e., $12 for each
0.25 ERU or portion thereof).
Credits: The “Other Lots” formula could also reflect credits against Fees.
The Task Force expressed interest in #1, 4, 5, 8, and 9 on the attached list.
• Determination of Budget and Expenditure Eligibility.
o The proposed assessment formula is estimated to raise a total of approximately
$800,000 (+/- $50,000) per year, roughly equivalent to the existing budget.
o Tax-Exempt entities—not currently participating in the predominant funding
source for the City’s stormwater program— are anticipated to account for a
sizable chunk of the program budget, including an estimated $130,000 Fee from
Cornell. The City itself is estimated to be responsible for a $46,000 Fee. Large
commercial spaces would substantially contribute as well; current estimates
indicate a $12,000 Fee from Wegmans and a $15,500 Fee from Wal-Mart.
o Expenditure Eligibility: The Fees collected will only be eligible for expenditure
on any and all expenses deemed reasonably necessary to stormwater infrastructure
and management in the judgment of the Superintendent of Public Works, as
instructed from time to time by the Board of Public Works. A portion of the Fees
may be maintained in an emergency reserve for stormwater-related expenses.
o The anticipated legislation would preserve the right of the City (via Council,
BPW, or Planning & Development Board) to require construction, maintenance,
and repair of privately-maintained stormwater infrastructure at the cost of the
property owner as part of site plan review or other applicable regulation.
9.2 IPD – Request to Amend 2014 the Ithaca Police Department Authorized
Budget for Tactical Grant - Resolution
WHEREAS the City of Ithaca Police Department received a federal grant with pass
through to the NYS Division of Homeland Security and Emergency Services in the
amount of $100,000 for the purpose of providing Tactical and SWAT training and
equipment, and
WHEREAS, the $100,000 grant will include the following: Tactical Training, Tactical
Robot, Thermal Imaging, Chemical Suits, Self-Contained Breathing Apparatus and a
Thermal Breaching Unit; now, therefore be it
RESOLVED, That Common Council hereby accepts the Tactical Swat Grant from the
NYS Division of Homeland Security in the amount of $100,000 and amends the 2014
City of Ithaca Police Department authorized budget as follows:
Increase Revenue Account:
A3120-4389-5022 Federal Aid SWAT $100,000
Increase Appropriation Accounts:
A3120-5125-5022 OT SWAT $20,500
A3120-5225-5022 Other Equipment SWAT $79,500
$100,000
BACK-UP ITEM 9.2
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Resolution to Select Artwork for a Mural Installation on the Entry Wall of
the Seneca 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 Nicholas Gilbert has submitted his proposal for a mural featuring
a Latina woman holding a child as part of the PAC’s Mural and Street Art Program, and
WHEREAS, Mr. Gilbert was selected by ¡Cultura! Ithaca and several other community
organizations to paint a mural that celebrates the community’s Latina culture, and
WHEREAS, at its meeting on February 26, 2014, the PAC identified the entry wall to the
Seneca Street Parking Garage (near the N. Tioga Street entrance) as an appropriate
location for this project, and
WHEREAS, the PAC held a public comment period on the mural design and location at
its meeting on June 25, 2014 to gather input on the proposed installation, and the
majority of the responses to the proposal have been positive, and
WHEREAS, the artist will receive funding from ¡Cultura! Ithaca and several other
community organizations to install the mural, and the installation will be budget-neutral
to the City, and
WHEREAS, at its meeting on June 25, 2014, the Public Art Commission unanimously
voted to recommend that the Common Council select Nicholas Gilbert’s mural to be
installed on the entry wall of the Seneca Street Parking Garage; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council selects Nicholas Gilbert’s mural
featuring a Latina woman holding a child, as recommended by the Public Art
Commission, to be installed on the entry wall of the Seneca Street Parking Garage
(near the N. Tioga Street entrance) 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 upon
the execution of an agreement with the City as reviewed by the City Attorney.
10.2 Resolution to Select Artwork for a Mural Installation within the Stairwell
Near the Intersection of South Cayuga Street and West Spencer Street
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, local artist Caleb Thomas has submitted his proposal for a mural titled
“Astronauts and Flowers” as part of the PAC’s Mural and Street Art Program, and
WHEREAS, the PAC discussed Mr. Thomas’s mural proposal at its meeting on April 9,
2014 and agreed that the stairwell near the intersection of South Cayuga Street and
West Spencer Street would be an appropriate location for the proposed mural, and
WHEREAS, the Board of Public Works approved the stairwell near the intersection of
South Cayuga Street and West Spencer Street for future murals and street art by
resolution on June 9, 2014, and
WHEREAS, the PAC held a public comment period on the mural design and location at
its meeting on June 25, 2014 to gather input on the proposed installation, and the
majority of the responses to the proposal have been positive, and
WHEREAS, the artist will provide funding for the mural, and the installation will be
budget-neutral to the City, and
WHEREAS, at its meeting on June 25, 2014, the Public Art Commission unanimously
voted to recommend that the Common Council select Caleb Thomas’s mural to be
installed within the stairwell near the intersection of South Cayuga Street and West
Spencer Street; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council selects “Astronauts and Flowers”
by Caleb Thomas, as recommended by the Public Art Commission, to be installed
within the stairwell near the intersection of South Cayuga Street and West Spencer
Street 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 upon
the execution of an agreement with the City as reviewed by the City Attorney.
Attached is my mural submission called "Astronauts and Flowers."
I am a local printmaker, painter, designer, and mixed media artist. My
mural design here is inspired mainly by a series of mixed media woodblock
prints of astronauts that I did in 2010 - 2013. For this image, I will be
layering with stencils using acrylic and spray paint. I will pay all costs
myself. My first choice is to paint this proposal on the stairwell at the
corner of South Cayuga St. and West Spencer Rd. Thank you for your
consideration.
Caleb R Thomas
LEGEND
City Owned Property
Block Numbers
Impervious
Paved Walk
Paved
Unpaved
Buildings
Railroad
Curb Line
Parcel
Border
Waterway
Park
City of Ithaca, NY Area 2013
6483/20/2014Printed: Data contained on this map was provided or derived from data developed or compiled by the
City of Ithaca, and is the best available to date. The originators do not warrant the accuracy
or completeness of the information portrayed by the data. The originators do not accept any
responsibility for any errors, omissions, or positional accuracy.
1:
This map was printed by a member of the public using the City of Ithaca Interactive Web Viewer on
Tompkins-Ithaca Geoportal at http://geo.tompkins-co.org/SL/Viewer.html?Viewer=cityofithaca
10.3 City of Ithaca 2014-2018 Consolidated Plan – HUD Entitlement Grant
Program – Resolution
WHEREAS, in the Fall of 2003, the US Department of Housing and Urban Development
(HUD) notified the City that it qualified as an ‘Entitlement Community’ and that it would
be receiving an annual allocation of HUD funds through the Community Development
Block Grant Program (CDBG) and the HOME Investment Partnerships (HOME)
Program, and
WHEREAS, in order to access these funds, the City is required to undertake a public
input process and prepare a Consolidated Plan which identifies priority community
development needs for the City of Ithaca every 5 years, and
WHEREAS, it is now time to prepare an updated Consolidated Plan, and
WHEREAS, under the terms of the February 14, 2013, agreement between the City of
Ithaca and the Ithaca Urban Renewal Agency (IURA), the City has designated the IURA
as the Lead Agency to develop and administer the Consolidated Plan on behalf of the
City, and
WHEREAS, the Consolidated Plan may only be adopted by the Common Council after it
has undergone a 30-day public comment period and been the subject of two public
hearings, and
WHEREAS, the first public hearing was held before the IURA on June 26, 2014, and the
second public hearing was held at the Planning and Economic Development Committee
of the Common Council on July 9, 2014, and
WHEREAS, following a citizen participation process to gain public input in identifying
priority community development needs, the IURA issued a draft 2014-2018
Consolidated Plan for a 30-day public comment period that ended on August 5, 2014,
and
WHEREAS, the IURA reviewed and adopted the draft Consolidated Plan at their
meeting on July 24, 2014, and further recommended its adoption by the Common
Council, and
WHEREAS, the adopted Consolidated Plan must be received by HUD by August 16,
2014, and
WHEREAS, at their July 9, 2014, meeting the Planning and Economic Development
Committee forwarded the Consolidated Plan to the Common Council for action following
consideration of public comment received, now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby adopts the 2014-2018
Consolidated Plan, dated August 6, 2014, and be it further
RESOLVED, That the Common Council authorizes the Mayor, subject to review by the
City Attorney, to execute certifications and any other documents necessary to submit
the Consolidated Plan to HUD.
108 East Green Street BACK-UP ITEM 10.3
Ithaca, New York 14850
(607) 274-6559
To: Common Council
From: Lynn Truame, Community Development Planner
Date: July 28, 2014
Re: 2014-2018 Consolidated Plan
Enclosed please find the Executive Summary section of the draft Consolidated Plan for the City of Ithaca.
The full draft plan has been posted to the IURA website for public comment and is available for your
review at: www.ithacaura.org
This document is the culmination of a public outreach and information gathering process undertaken by
the Ithaca Urban Renewal Agency. The Consolidated Plan guides the use of the City’s Entitlement Funds
for the next 5 years.
Changes at U.S. Department of Housing and Urban Development (HUD) since the last planning period
have resulted in a very different Consolidated Plan in both format and content. HUD now requires the
use on an online template for the preparation of these plans. The structure of this template drives the
content of the plan and reflects the emphasis that HUD places on housing as a priority for the use of
Entitlement Funds. Certainly, Ithaca has an extraordinary housing affordability problem; however, given
the limited amount and high cost of developable land within the city, we have historically approached this
problem not only through the development of new units, but by supporting economic development
projects that will increase the number of living wage jobs in the community, and programs that will
increase the ability of low- and moderate-income persons to access those jobs. It remains the intent of
the IURA to continue this approach, though the Consolidated Plan appears to emphasize the
development of new units as our highest priority.
For your reference, the annual award of funds to the City has fallen over the last five years and is
expected to continue to fall during the current five-year plan period. This year we are expecting $841,820
in Community Development Block Grant funds and $441,994 from the HOME Investment Partnerships
(HOME) Program. All of the money must benefit low-and moderate-income residents and be used to meet
national objectives established by the HUD.
This draft Consolidated Plan was reviewed and recommended for adoption at the July 9, 2014, meeting of
the Planning & Economic Development Committee. There is a mandatory 30-day public comment period,
concluding at noon August 5, 2014, which must be completed prior to adoption of the Consolidated Plan
by Common Council. As of the date of this memo no public comment has been received, however, the
comment period has not yet ended. Any comments that are received by the deadline will be reviewed
and transmitted to Common Council prior to the August 6, 2014, meeting. The draft Plan is due to HUD
by August 16 and will not be considered final until it is approved by HUD.
Should you have any questions, please do not hesitate to contact me at 274-6553 or
lynnt@cityofithaca.org.
Thank you.
Ithaca
Urban
Renewal
Agency
Executive Summary
ES-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
This document represents the third generation of Consolidated Plans for the City of
Ithaca. The second five-year Consolidated Plan, which describes program goals for
federal Community Development Block Grant (CDBG) and HOME investment
Partnership Programs (HOME) funds, expires this year and now is a time of looking
back, evaluating changing community needs, reviewing past successes and identifying
new opportunities. This document is prepared as an update to the 2009-2013
Consolidated Plan. Our aim is to review existing conditions in the areas of housing,
economic development, public facilities and public services, to consider trends and
factors impacting these areas of community development, to assess the impact of past
CDBG and HOME activities funded through the HUD entitlement program, and to
identify new programmatic goals.
CDBG funds and, more recently, HOME funds, have been awarded to the City for many
years. From 1975 until 2004 the City of Ithaca received Community Development Block
Grant (CDBG) funds from the United States Department of Housing and Urban
Development (HUD) through an annual competitive process. The City was highly
successful in these competitive grant rounds, securing over $22.6 million. Awarded
funds have been used to support a variety of programs benefiting low- and moderate-
income (LMI) persons, and have ranged from housing programs to job creation. The
investment of the CDBG funds has multiplied many times in the community as programs
expand and loan funds are repaid and reinvested.
An administrative rule change qualified the City for a new level of HUD programming.
Designation as an ‘Entitlement Community’ allowed the City to become eligible for
annual funding through a formula grant for the first time in the fall of 2003. Since then,
the City has received an annual grant from HUD through the Community Development
Block Grant Program and the HOME program. In 2004 this funding totaled nearly $1.6
million. That total has slowly declined to the 2013 award of just under $1.2 million.
This annual funding comes with new opportunities as well as new responsibilities. A
distinct and valuable implication of these ‘entitlement’ funds is that they provide both the
City and agencies seeking funding the chance to do some long-term planning. The City
can now set local goals and priorities instead of responding to periodic notices of
funding availability.
In order to formalize this long-term planning, HUD requires that local jurisdictions
prepare and adopt a Consolidated Plan before funds are disbursed. The Plan is
expected to assess the community development needs and priorities of the City and to
provide a strategy for addressing those needs. This current Consolidated Plan will guide
the funding decisions and action strategies of the community, as they relate to the
CDBG and HOME Programs, for the next five years.
2. Summary of the objectives and outcomes identified in the Plan Needs
Assessment Overview
The Consolidated Plan outlines goals that will be pursued over the next five years to
address identified community needs. The purpose of the CDBG and HOME programs
is to advance the following statutory objectives, for the principal benefit of low- and
moderate-income households:
Provide decent, safe, and affordable housing (CDBG)
Create suitable living environments (CDBG)
Expand economic opportunities (CDBG)
Expand the supply of decent, safe, sanitary, and affordable housing (HOME)
In support of these program purposes and in light of identified needs in the local
community, the City has established the following goals for this Consolidated Plan
period:
Improve and Expand Affordable Housing Options
There is an acute shortage of affordable housing in the City of Ithaca. In 2010, 56% of
all renter households were cost burdened, with 35% severely cost burdened, while 21%
of Ithaca’s homeowners were cost burdened, and 10% severely so. To address this
need, the City will support projects that increase the total supply of affordable units of all
types and the affordability of existing units, and that improve the condition of existing
affordable units.
Expand Economic and Employment Opportunities
Ithaca is a highly educated community with a low unemployment rate. This creates a
very difficult dynamic for low- and moderate-income community members who do not
have specialized skills or a high educational attainment. To address this need, the City
will provide direct loans and support technical assistance to businesses to create jobs;
support entrepreneurship training and technical assistance; and support initiatives that
provide career readiness training, job placement, skill development, and on-going post-
placement support.
Strengthen Neighborhoods
Ithaca is a community of neighborhoods, each with their own strong identity. For our
City to thrive as a whole, each of these constituent parts must have the adequate
physical resources and infrastructure to meet the needs of its residents and support
their aspirations. To address this need, the City will support physical improvements to
streets, parks, recreational facilities, public buildings, and transportation systems, for the
benefit of low- and moderate-income neighborhoods; the redevelopment of vacant and
abandoned properties; and programs that facilitate and support homeownership.
Increase Access to Resources Leading to Physical and Economic Mobility
Our community should be accessible to all its residents, regardless of their particular
physical, or socio-economic, characteristics. Where barriers to that access exist, they
should be removed. To address this need, the City will undertake a Fair Housing
Choice Survey resulting in an Analysis of Impediments to Fair Housing, and will support
residential and public physical accessibility improvements, job creation and micro-
enterprise, job readiness and support, internships and other employment skill
development opportunities, early childhood programming, and services to immigrants.
Meet Essential Needs for Food, Shelter, and Safety
Ithaca’s most fragile, at-risk populations require the provision of public services that will
meet the most basic human needs for food, shelter, and safety. To address this need,
the City will support programs that prevent homelessness, assist immigrants and youth,
improve access to affordable health care, increase food security, and/or increase
awareness and utilization of existing community resources in these areas.
3. Evaluation of past performance
The 2009-2013 Consolidated Plan included fifteen specific objectives intended to
address community needs that had been identified during the planning process. These
objectives and their associated anticipated outcomes appear in the Table 1 below. The
final column in this table shows actual outcomes for each objective.
Five years later, it is evident that some of the projects that were anticipated in the last
Plan did not materialize, and that areas of emphasis that emerged within some of the
broader objective areas differed from projections. For the most part, however, the
number of units produced or persons assisted equaled or exceeded anticipated
outcomes, indicating high levels of continued need in these areas. Only in the area of
Public Facilities and Infrastructure were actual outcomes uniformly equal to, lower than,
anticipated. This was due in part to the failure of anticipated municipal street and
sidewalk projects to move forward and reflects the sporadic nature of need in this
particular area.
Specific Objectives Performance
Measure
Expected
Units
Actual
Units
Affordable Housing Objectives
Owner occupied housing Assisted
households
92 318
First-time homebuyers Assisted
households
5 12
Rental housing Assisted units 100 430
Supportive housing Assisted units 6 0
Homeless housing Assisted beds 12 34
Economic Development Objectives
Job Creation New jobs 30 93.5
Job training & placement Persons
assisted
36 83
Public Facilities & Infrastructure
Objectives
Enhance existing community centers Projects 3 3
Ensure availability and desirability of LMI
neighborhood facilities; enhance
pedestrian safety
Projects 4 1
Mitigate impact of public improvement
projects on LMI residents
Projects 2 0
Remove or rehabilitate infrastructure or
public facilities that create a blighting
influence on LMI neighborhoods
As needed - 0
Public Services Objectives
Improve marketing, outreach and
utilization of existing public services
Persons
assisted
300 8,584
Expand existing public services or create
new programs for focus populations
Programs
assisted
15 6
programs
Retain existing public service programs
addressing a documented need of LMI
people
Programs
assisted
5 5
Table 1 - Past Performance
4. Summary of citizen participation process and consultation process
The IURA conducted significant outreach and consultation with citizens, neighborhood
groups, non-profits, and governmental agencies to determine community needs and
establish Plan priorities. In accordance with the City’s approved Citizen Participation
Plan, outreach consisted of both meetings with neighborhood residents and
consultations with professionals and practitioners in fields related to community
development.
The list of agencies and organizations consulted appears in Section PR-10 of this Plan.
Neighborhood Public Input meetings were held as follows:
12/18/13, 5:00 pm, Common Council Chambers, City Hall, 108 E. Green Street
1/2/14, 5:00 pm, Greater Ithaca Activities Center, 301 W. Court Street
1/15/14, 3:00 pm, Common Council Chambers, City Hall, 108 E. Green Street
1/31/14, 6:00 pm, Greater Ithaca Activities Center, 301 W. Court Street
Criteria for selecting meeting places included convenience and accessibility to the
neighborhoods served by the IURA. Meetings were advertised in accordance with the
Citizen Participation Plan.
5. Summary of public comments
Public comments received during the citizen participation and consultation process
centered primarily on the following high-priority community needs:
Increased supply of affordable housing units of all types
Increased tenant-based rental assistance
Utility and security deposit assistance
Improved transportation options
Increased supply of transitional housing units
Affordable childcare, pre-school, and after-school options
Living wage jobs
Financial and technical support to local businesses
Micro-enterprise development and post-start-up assistance
Job readiness training, with a particular focus on youth
Specialized job training with placement and post-placement support
Increased collaboration among service agencies and between agencies and
schools
Improvements to the Southside Community Center
Accessibility improvements to several public buildings and areas
Need for a formal public gathering space on West Hill
Physical improvements to several recreational facilities
Homeowner repair and accessibility improvement assistance
Increased number of small and accessible or adaptable housing units
OT/RN services for home visits to keep people in their homes longer
Early childhood development programming
Food security
6. Summary of comments or views not accepted and the reasons for not
accepting them
All comments were accepted and considered in the preparation of this Consolidated
Plan.
13. INDIVIDUAL MEMBER FILED RESOLUTIONS:
13.1 Call for Increasing Look-Back Period Under The New York State Property
Tax Freeze Legislation - Resolution
WHEREAS, the New York State Department of Taxation and Finance released
Publication 1030 dated July 14, 2014, rendering guidance on the Property Tax Freeze
Credit, and
WHEREAS, the Property Tax Freeze Credit is a two-year tax relief program that
reimburses qualifying New York State homeowners for increases in local property taxes
on their primary residences, and
WHEREAS, in order for the credit to be available to the homeowners in a local taxing
jurisdiction, the jurisdiction must comply with the New York State Property Tax Cap and,
after the first year, must also develop an efficiency plan, and
WHEREAS, the State legislation that enacted the property tax freeze expressly requires
the consideration of “past efficiencies, shared services, and reforms” in determining
whether the cost-saving requirements of the law have been met; and
WHEREAS, this “look-back” provision is intended to recognize and reward local
governments that took actions such as those now being advocated by the State long
before the enactment of the property tax freeze legislation, and that are generating
recurring annual savings for local taxpayers; and
WHEREAS, the property tax freeze legislation does not limit the look-back period
provided to local governments, thereby allowing the State Division of Budget great
latitude to consider accomplishments of local governments that have proven to be
sustainable and are continuing to generate annual savings to local taxpayers today; and
WHEREAS, the State Division of Budget has chosen to exercise this latitude in an
extraordinarily narrow and limited manner, allowing consideration of only those
measures put in place since 2012, the initial year of the State’s cap on local property tax
levies; and
WHEREAS, the City of Ithaca, along with other municipalities within Tompkins County
including the County itself, have been leaders in shared services, consolidations, and
efficiencies and have assembled a remarkable list of achievements long-before the
2012 look-back period established by the Division of Budget, and
WHEREAS, examples of such collaborations involving the City partnering with
neighboring municipalities within Tompkins County include:
- Tompkins Consolidated Area Transit - a not-for-profit public transportation
provider governed by representatives from the City of Ithaca, Tompkins County, and
Cornell University
Recreation Partnership - an inter-municipal collaboration between 10
municipalities across Tompkins County providing recreation services to member
residents
Ithaca Area Wastewater Treatment Facility - operated jointly with the Towns of
Ithaca and Dryden
City-Town of Ithaca Fire Service Contract - providing fire protection to both the
City and Town of Ithaca through the Ithaca Fire Department
Tompkins County Health Consortium — a collaboration of multiple municipalities
in and around Tompkins County providing affordable health insurance,
prescription drug coverage, and related benefits to employees and eligible
retirees, and
WHEREAS, without a longer look-back period the City of Ithaca and its neighboring
municipalities will be in a far worse position under the property tax freeze law than those
local governments who chose not to initiate any such reforms or generate such savings
in the past, and
WHEREAS, nearly all municipal governing bodies in Tompkins County have been
meeting monthly to document the efficiencies and collaborations already produced and
have determined four areas of focus to seek further consolidation and collaboration of
services, and
WHEREAS, the City of Ithaca concurs with the member municipalities of the Tompkins
County Council of Governments that believe that a longer look-back period will afford
more municipalities the opportunity to show that savings have been achieved through
collaborations such as those sought by the State; now, therefore be it
RESOLVED, That the City of Ithaca Common Council requests that its elected
members of the State Legislature please use their good office to influence the
leadership in their respective Legislative Chambers to move the look-back date to
January 1, 2000, a time in which the necessity of shared services and efficiencies
became the catalyst for collaboration across municipalities, and be it further
RESOLVED, That copies of this resolution be sent to Assemblywoman Barbara Lifton,
Senators Thomas O’Mara, Michael Nozzolio, and James Seward, Governor Andrew
Cuomo, the New York State Division of Budget, and to the New York State Conference
of Mayors.
14. MAYOR’S APPOINTMENTS:
Appointment/Reappointment to Various City Boards and Committees –
Resolution
14.1 Civil Service Commission – Resolution
RESOLVED, That Barbara Abrams be reappointed to the Civil Service Commission with
a term to expire May 31, 2020.
14.2 Planning and Development Board – Resolution
RESOLVED, That Jack Elliott be reappointed to the Planning and Development Board
with a term to expire December 31, 2016.
14.3 Public Art Commission – Resolution
RESOLVED, That Norma Gutierrez be appointed to the Public Art Commission to
replace Jason Otero with a term to expire June 30, 2016.