HomeMy WebLinkAbout12-03-14 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, December 3,
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:
3.1 Quarterly Employee Recognition Award Presentation
4. SPECIAL ORDER OF BUSINESS:
4.1 Annual Pride of Ownership Awards – Scott Whitham
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Presentation – Update from Disability Advisory 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 Department of Public Works - Amendment to Personnel Roster – Modification of
Work Hours for a Position in the Ithaca Area Wastewater Treatment Facility
(IAWWTF) - Resolution
8.2 Finance – Authorization to Cover Red Accounts - Resolution
8.3 Controller – Request to Amend Budget to Account for 2014 Tompkins County
Celebrations Grant - Resolution
9. CITY ADMINISTRATION COMMITTEE:
9.1 Fire Department - One-Year Extension of Town-City Fire Contract Pending
Further Negotiations - Resolution
9.2 Power Purchase Agreement with Solar City for Solar Farm - Resolution
9.3 DPW - Lake Street Public Park Enhancements - Resolution
9.4 City Controller’s Report
Common Council Meeting Agenda
December 3, 2014
Page 2
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Public Art Commission (PAC) Resolution to Select Artwork for the Dryden Road
Parking Garage Mural Project
10.2 Disposition of City-Owned Land at 617 Five Mile Drive - Resolution
a) Lead Agency – Resolution
b) Determination of Environmental Significance – Resolution
c) Authorization for Disposition – Resolution
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14. MAYOR’S APPOINTMENTS:
14.1 Appointment to Planning and Development Board – 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 November 5, 2014 Common Council Meeting Minutes -
Resolution
19. ADJOURNMENT:
If you have a disability that will require special arrangements to be made in order for you
to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48
hours before the meeting.
______________________________
Julie Conley Holcomb, CMC
City Clerk
Date: November 25, 2014
BACK-UP INFORMATION – ITEM 5.1
2013 Disability Advisory Committee (DAC) Survey Summary:
Challenges and Recommendations
Prepared For: Ithaca City Common Council
Survey and Summary Overview:
This electronically based survey was advertised broadly throughout city in Fall,
2013. We had 85 people respond. We asked them to check off any of the listed
challenges they believe an individual with a disability faces in Ithaca, with the
option of checking “other” and writing in. They were then asked the open ended
question, “What do you think could be done to remove these obstacles”. Below is
a summary of the trends in challenges cited, as well as recommendations offered
by our community members.
Challenges for people with disabilities, as cited by survey responders:
81% cited Broken/missing sidewalks
Nearly 60% cited poor snow and ice removal.
Nearly 50% cited trees and bushes obstructing pathways, sidewalks, or
crosswalks.
46% cited doors too heavy to open, or not having automatic door openers
30% cited cars or other vehicles blocking/parking across sidewalks.
14.5% cited no audible cross walk signals.
Nearly 3% said there was need for more effective communication methods to be
provided via city website, while over 10% cited effective communication needs to
be more present at city meetings.
Trends seen in open ended comments were:
o Lack of accessible parking options and/or accessible parking spaces being
taken by others without disability placards, including city
employees/offices.
o Crosswalk pedestrian time far too short or that they display “walk” when
drivers still have green light to go.
o More comments re/ manmade obstructions on sidewalks, such as tables
and chairs on sidewalks, trees on curbs, providing little walking space
between/around, etc.
o Other people, including city employees, lacking awareness, education, or
appropriate attitudes toward individuals with disabilities and their needs.
Recommendations/Suggestions:
ENFORCEMENT AND EDUCATION: a majority of responders cited the need for
widespread education on the above issues, as well as for the City and Police to
hold property and business owners responsible/accountable. Specific suggestions
include:
o Stronger education and enforcement, such as through issuing fines, when
owners don’t keep sidewalks clear of obstructions and/or snow/ice
o Ticketing people who violate accessible parking rules
o Install signage where parking is restricted so as to not block accessible
spaces or entrances
o Educating TCAT drivers more about driving slower
o Educating everyone more about disability issues and needs
o Including information on city website about how to report problems like
this as well as how to get ahold of the DAC.
FOCUS ON SNOW AND ICE REMOVAL/MAINTENANCE: City needs to prioritize
this more. One person suggested that the City keep a registry of community
members/volunteers who can shovel or who the City can hire to do snow
removal, such as for elderly and disabled people.
FIX BROKEN SIDEWALKS AND CURB CUTS: this included fixing other barriers that
exist, but primary emphasis was on sidewalks.
IMPROVE CROSS WALKS: install audible cross walks, more time for pedestrians,
and clear messages to pedestrians and drivers.
INSTALL AUTOMATIC DOOR OPENERS: at all public facilities.
INCREASE ACCESSIBLE PARKING OPTIONS: Increase both the number as well as
the location so that closer to building entrances and path of travel.
IMPROVE COMMUNICATION AT CITY MEETINGS: provide priority seating for
people with visual/hearing disabilities; give information in multiple formats (i.e.
Braille, electronically, etc).
INVOLVE PEOPLE WITH DISABILITIES IN PLANNING: A few people emphasized
the need for incorporating accessibility improvements during construction and
renovations and that citizens with disabilities should be sought out/consulted
during the planning and review phases.
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Department of Public Works - Amendment to Personnel Roster –
Modification of Work Hours for a Position in the Ithaca Area Wastewater
Treatment Facility (IAWWTF) - Resolution
WHEREAS, to provide adequate administrative support to the Ithaca Area Wastewater
Treatment Facility (IAWWTF) the Water and Sewer Division of the City of Ithaca Department of
Public Works requested and received an increase in the workweek of an Administrative
Coordinator from twenty (20) hours/week to thirty (30) hours/week. This was accomplished by
resolution of item 8.5 of the Common Council Agenda on September 5, 2012; and
WHEREAS, the IAWWTF the Water and Sewer Division of the City of Ithaca Department of
Public Works again requested and received an increase in the workweek of an Administrative
Coordinator from thirty (30) hours/week to thirty five (35) hours/week. This was accomplished by
resolution of item 8.3 of the Common Council Agenda on February 12, 2014; and
WHEREAS, it is again our experience over the time period of February 19, 2014, to date that
this position demands no less than forty (40) hours/week; and
WHEREAS, this shortfall in Administrative support stems from the fact that prior to August 11,
2012, the Water & Sewer Division had four (4) administrative personnel funded on their roster
including 1-Administrative Coordinator (20-hrs/wk), 1-Administrative Assistant (40-hrs/wk), and
2-Financial Management Assistants (40-hrs/wk each). Subsequent to August 11, 2012, there is
only the Administrative Coordinator, and 2-Financial Management Assistants. With the budget
constraints for 2013 they opted to increase the hours of the Administrative Coordinator rather
than fill the vacant Administrative Assistant position; and
WHEREAS, to allow the Water & Sewer Division the personnel time resources to cover the
administrative needs of the IAWWTF, the Water Treatment Plant, and the Water & Sewer
Division’s main office; now, therefore, be it
RESOLVED, That the workweek of one Administrative Coordinator position in the Water and
Sewer Division of the Department of Public Works be and hereby is increased from thirty five
(35) hours/week to forty (40) hours/week starting January 1, 2015; and be it further
RESOLVED, That for the sole purpose of determining days worked reportable to the New York
State and Local Employees’ Retirement System, the standard workday for this position shall be
established at eight (8) hours per day (forty (40) hours per week); and be it further
RESOLVED, That said roster amendment has been funded within the 2015 Authorized Budget
for both the Water and Sewer Division and the IAWWTF.
8.2 Finance – Authorization to Cover Red Accounts - Resolution
RESOLVED, That the City Controller be empowered to make transfers within the 2014
Budget appropriations, as needed, for the remainder of the 2014 Fiscal Year.
8.3 Controller – Request to Amend Budget to Account for 2014 Tompkins County
Celebrations Grant - Resolution
WHEREAS, during 2014, the City of Ithaca received $26,500 in funds from Tompkins
County to support 15 local Community Celebrations, and
WHEREAS, the City acts as a pass through for these Community Service Grants and
needs to amend the 2014 Budget to account for the grants; now, therefore be it
RESOLVED, That Common Council hereby amends the 2014 authorized budget as
follows to account for various Community Service Celebrations grants received from
Tompkins County:
Increase Revenue Account:
A1012-2379 Community Celebrations $26,500
Increase Appropriation Account:
A1012-5435 Celebration Contracts $26,500
9. CITY ADMINISTRATION COMMITTEE:
9.1 Fire Department - One-Year Extension of Town-City Fire Contract Pending
Further Negotiations - Resolution
WHEREAS, the existing agreement between the Town of Ithaca and the City of Ithaca
by which the Ithaca Fire Department provides service to the Town of Ithaca is set to
expire on December 31, 2014; and
WHEREAS, the City and the Town have commenced negotiations towards a renewal of
this agreement; and
WHEREAS, the negotiators for the City and the Town agree that these negotiations
cannot realistically be completed before the expiration of the agreement; and
WHEREAS, the City and the Town are desirous of continuing the existing arrangement
until such time as the parties are able to conclude negotiations with a new agreement;
now, therefore, be it
RESOLVED, That the Mayor, upon review by the City Attorney, is hereby authorized to
execute an agreement substantially as included herewith, extending by one year the
term of service under the existing Town-City agreement.
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding, executed on December __, 2014, sets
forth the understanding of the parties as follows:
A. Effective January 1, 2010, the City of Ithaca and Town of Ithaca entered into a
renewed fire protection contract, for the provision of fire and emergency medical
services for a portion of the Town of Ithaca; and
B. That fire protection contract by its terms expires on December 31, 2014; and
C. The provisions of said contract will continue in force through December 31, 2015,
while negotiations on the terms and conditions of a new contract progress; and
D. The Town’s 12 monthly payments pursuant to Section 5 of said contract
throughout 2015 shall be based upon an annual sum of $3,177,504 for 2015, and the
“adjustment” to that annual sum, as described in Section 5(d) of said contract, shall be
calculated, and paid on such a schedule, as specified in Section 5 of the Agreement,
premised upon a termination date of December 31, 2015; and
E. The terms and conditions, as amended by this Memorandum of Understanding,
of the contract entered into between the parties effective January 1, 2010, shall be
extended and continue in full force and effect through December 31, 2015, unless the
parties mutually agree to different terms prior to such date.
SO AGREED:
CITY OF ITHACA TOWN OF ITHACA
By: ____________________________ By: ____________________________
Svante L. Mayrick, Mayor Herb Engman, Supervisor
TOWN OF ITHACA
215 N. Tioga Street, Ithaca, N.Y. 14850
www.town.ithaca.ny.us
TOWN CLERK 273-1721 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783
HIGHWAY (Roads, Parks, Trails, Water & Sewer) 273-1656
FAX (607) 273-1704 or (607) 273-5854
9.2 Power Purchase Agreement (PPA) with Solar City for Solar Farm -
Resolution
WHEREAS, The City of Ithaca Energy Action Plan 2012-2016 recommends exploring
renewable energy options to power City facilities, and the City of Ithaca Renewable Energy
Opportunities report identifies solar photovoltaic systems as one of the most feasible
technologies; and
WHEREAS, in 2006 the City of Ithaca Common Council adopted the Local Action Plan, which
commits to reducing greenhouse gas (GHG) emissions from municipal operations by 20%
below 2001 levels by 2016, and in 2013 Common Council adopted the City of Ithaca Energy
Action Plan 2012-2016, which commits to reducing GHG emissions community-wide by 80%
below 2010 levels by 2050; and
WHEREAS, MEGA, the Municipal Electric and Gas Alliance, through its competitive bidding
process selected Solar City as a preferred provider for solar procurement; and
WHEREAS, Solar City has proposed developing, building, owning and maintaining a 2,400
kilowatt DC solar farm located on Tompkins County land near 766 Warren Road, Ithaca, and
selling all of the generated electricity and renewable energy credits to the City under a 20-year
Power Purchase Agreement (PPA); and
WHEREAS, Tompkins County has agreed to host the solar farm on its land; and
WHEREAS, the proposed two-megawatt solar farm will generate an estimated 2,763,805
kilowatt hours annually, enough GHG-emissions-free electricity to provide an estimated 30% of
City government’s 2010 electricity needs; and
WHEREAS, for each kilowatt hour generated by the solar farm, the City will receive an
estimated $0.105 (10.5 cents) credit from NYSEG, and pay an estimated $0.079 (7.9 cents)
combined to Solar City and Tompkins County; and
WHEREAS, Solar City applied for project funding on behalf of the City to New York State
Energy Research and Development Authority (NYSERDA) under Program Opportunity Notice
(PON) 2956, and in October 2014 was awarded $903,538; and
WHEREAS, Solar City must provide NYSERDA with a copy of the fully executed PPA by
January 15, 2015, to secure the funding; and
WHEREAS, the PPA and associated documents, as well as an agreement with the County are
currently under negotiation; now, therefore be it
RESOLVED, That Common Council is supportive of entering into the Power Purchase
Agreement with Solar City provided that the City can come to mutually agreeable terms with the
County and Solar City; and be it further
RESOLVED, That the Mayor, subject to review by the City Attorney, City Controller, and
Sustainability Coordinator, is hereby authorized to execute all necessary documents, including
but not limited to the Solar Power Purchase Agreement, Performance Guarantee Agreement,
Limited Warranty Agreement, and any agreement with the County for use of the land.
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
MAYOR’S OFFICE
NICK GOLDSMITH, SUSTAINABILITY COORDINATOR
Telephone: 607-274-6562
Email: ngoldsmith@cityofithaca.org
Fax: 607-274-6558
November 10, 2014
Memo to Common Council
Re: Draft Resolution - Power Purchase Agreement with Solar City
To Common Council:
The Sustainability Coordinator, with support from the office of the Mayor, the City Attorney, the
City Controller, and other City departments, is managing the Solar Farm project, through which
the City would sign a Power Purchase Agreement with Solar City to buy the clean electricity
generated by a 2,400 kilowatt solar farm located on County property near the airport, reducing
GHG emissions and saving the City money.
Because there are impending deadlines, but the PPA and related agreements are still under
negotiation, we are collectively seeking Common Council approval of the attached resolution,
which authorizes the Mayor to sign the necessary documents if and when all parties named in the
resolution have given approval.
Please review the attached resolution and PPA. There are two companion documents to the PPA:
the Performance Guarantee Agreement, and the Limited Warranty Agreement. If you would like
additional background information, you can review the application that Solar City submitted to
NYSERDA on the City’s behalf, which is also attached.
Thank you for your consideration of the resolution for this exciting project.
Sincerely,
Nick Goldsmith
Sustainability Coordinator
City of Ithaca, NY
Town of Ithaca, NY
9.3 DPW - Lake Street Public Park Enhancements - Resolution
WHEREAS, Currently, the City of Ithaca Department of Public Works has undertaken a
project to rehabilitate Lake Street Bridge over Fall Creek; and
WHEREAS, the project for the rehabilitation of the Lake Street Bridge Over Six Mile
Creek, P.I.N. 375534 (“the Project”) is eligible for funding under Title 23 U.S. Code as
administered by the Federal Highway Administration (FHWA) that provides for
reimbursement of up to 80% of expenditures incurred by the City for rehabilitation of the
bridge; and
WHEREAS, the City of Ithaca established Capital Project #791 for the Project in the
amount of $1,464,250; and
WHEREAS, Department of Public Works staff recommends Lake Street Public Park
safety improvements and aesthetic enhancements (the “Enhancements”) to the existing
public park located at southeast corner of Lake Street Bridge over Fall Creek; and
WHEREAS, the “Enhancements” are not included in the project budget and are not
eligible for reimbursement by the FHWA; and
WHEREAS, the estimated additional cost to implement the “Enhancements” is
$195,000; and
WHEREAS, the “Enhancements” will be eligible for funding from various sources; and
WHEREAS, the Department of Public Works has received approval for $30,000 in
matching funds from the Ithaca Urban Renewal Agency-Community Development Block
Grant; and
WHEREAS, the Department of Public Works can charge a portion of eligible cost
against the City’s Sidewalk Program; and
WHEREAS, the “Enhancements” will be eligible to apply for funding from Tompkins
County Tourism Capital Grant program in 2015; now therefore be it
RESOLVED, That Common Council Authorizes Public Works Staff to undertake said
“Enhancements” as part of Lake Street Bridge Rehabilitation Project; and be it further
RESOLVED, That, Common Council here by approves an increase of Capital Project
#791, Lake Street Bridge Rehabilitation Project by an amount not to exceed $195,000,
for a total project authorization of $1,659,250; and be it further
RESOLVED, That funds needed for said amendment shall be derived from $30,000 in
IURA block grants, sidewalk program funds, possible tourism capital grant and the
issuance of Serial Bonds.
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-6590
OFFICE OF THE CITY ENGINEER
Telephone: 607/274-6530 Fax: 607/274-6587
MEMORANDUM
TO: City Administration Committee (CA)
FROM: Addisu Gebre- Bridge System Engineer
DATE: November 19, 2014
RE: Lake Street Public Park Enhancements
This memo is intended to provide information regarding proposed Lake Street Public Park
Enhancements.
Lake Street Public Park Enhancements (“the Enhancements”) proposes safety improvements and
aesthetic enhancements to Lake St. Bridge Public Park including safe pedestrian trail and stairs
to adjacent Fall Creek-Ithaca Falls. Currently, the City of Ithaca Department of Public Works has
undertaken a project to rehabilitate Lake Street Bridge over Fall Creek and the Enhancements
will be coordinated with Lake St. Bridge Rehabilitation Project (CP#791- Federal-Aid Project ).
The Enhancements will likely include the following components:
• New stairway construction down to Fall Creek;
• Plaza Landscape Enhancement;
• Bike racks installation;
• Ornamental steel picket fence extension;
• Construction of a new section of sidewalk;
• Interpretive signage installation;
• Addition of plantings;
• Installation of Landscape Bollards; and
• Construction of new streetscape features at Lake Street intersection such as crosswalks
and handicap access ramps.
Expected Benefits to Results from the Enhancements are:
• Safety improvements in the area;
• Increase in number of visitors/end-users;
• Contribution to the local economy; and
• Achieving local/State/Federal Environmental and Public Park Standards;
Project Costs and Funding:
The total estimated project cost is $195,000 and project funding will be derived from Ithaca
Urban Renewal Agency (IURA)-Community Development Block Grant and City of Ithaca serial
bond financing. (With possible additional funding from City of Ithaca Sidewalk Program and
Tompkins County Tourism Capital Grant Program).
IURA -Community Development Block Grant provides $30,000 in the matching funds and
$165,000 is expected from City of Ithaca serial bond financing.
Implementation Schedule:
Data Collection & Analysis: January,2015
Preliminary Design: February, 2015
Detail Design:April,2015
Construction: September,2015
If you have any questions, please contact me at (607) 274-6530 or agebre@cityofithaca.org
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Public Art Commission (PAC) Resolution to Select Artwork for the Dryden
Road Parking Garage Mural Project Mural
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 by resolution on May 19, 2010, and the City’s Dryden Road Parking Garage
was added to this list of approved locations by the Board on July 14, 2014; and
WHEREAS, the City’s Parking Division has requested that the PAC seek multiple
murals for the Dryden Road Parking Garage to enliven dark areas within the garage
while also deterring graffiti and reducing ongoing maintenance costs; and
WHEREAS, the PAC issued a Call for Proposals in August 2014 and received 18
submissions for the project; and
WHEREAS, the PAC reviewed all of the submissions at its meetings on September 24,
2014 and October 22, 2014, and voted to recommend that Common Council select the
artwork submitted by nine artists, as shown in “Dryden Road Parking Garage –
Recommended Mural Proposals,” to be installed on walls within the Dryden Road
Parking Garage; and
WHEREAS, the murals will be visible primarily to those within the parking garage, but
the selected proposals have been distributed for public comment; and
WHEREAS, the project will include nine murals and will receive one-time funding
through the Parking Division’s existing 2014 budget, in a total amount not to exceed
$5,875; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council selects the submissions of the
following artists for the Dryden Road Parking Garage Mural Project, as recommended
by the Public Art Commission: Dan Burgevin, Kellie Cox-Brady, Aindriais Dolan, the
Junior Youth Group, Steav Kim, Eric Lindstrom, Kurt Piller, Margaret Reed, and Nate
Waterman; and be it further
RESOLVED, That the selected artists may proceed with the installation of their murals
at their assigned locations within the Dryden Road Parking Garage upon the execution
of an agreement with the City (as reviewed by the City Attorney).
Dryden Road Garage Photos
Dryden Road Garage Photos (con’t)
Dryden Road Parking Garage – Recommended Mural Proposals
October 2014
“Jewels Humans/Diatoms” by Dan Burgevin
“Magnolia grandiflora – Southern Magnolia” by Kellie Cox-Brady
“Ithaca Portal” by Aindriais Dolan
“Do We Still Have Time?” by Junior Youth Group
“Shutterfish” by Steav Kim
“Out to Dry” by Eric Lindstrom
“Severe Tiger Damage” by Kurt Piller
“I Would Like You” by Margaret Reed
“Playful Creatures & Tentacles” by Nate Waterman
10.2 Disposition of City-Owned Land at 617 Five Mile Drive - Resolution
a) Declaration of Lead Agency – Resolution
WHEREAS, the City of Ithaca Common Council is considering sale of an approximately
3-acre, unimproved sub-parcel of land located at 617 Five Mile Drive in the Town of
Ithaca, NY (part of tax parcel #31.-2-6) through a competitive sealed bid process to New
Earth Living, LLC; and
WHEREAS, the proposed sale of more than 2.5 acres of contiguous land is a Type 1
Action under the City Environmental Quality Review Ordinance (CEQRO); and
WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be
established for conducting environmental review of proposed actions in accordance with
local and state environmental law; and
WHEREAS, State Law specifies that for actions governed by local environmental review
the Lead Agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action; and
WHEREAS, no other agency than the City of Ithaca Common Council has jurisdiction to
approve or undertake the proposed action; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead
Agency for the environmental review of the proposed sale of an approximately 3-acre,
unimproved sub-parcel of land located at 617 Five Mile Drive in the Town of Ithaca, NY
(part of tax parcel #31.-2-6) to New Earth Living, LLC.
b) Determination of Environmental Significance – Resolution
WHEREAS, the City of Ithaca Common Council is considering sale of an approximately
3-acre, unimproved sub-parcel of land located at 617 Five Mile Drive in the Town of
Ithaca, NY (part of tax parcel #31.-2-6) through a competitive sealed bid process to New
Earth Living, LLC; and
WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the
environmental review of this proposed action; and
WHEREAS, such proposed action for the transfer or sale of more than 2.5 contiguous
acres of land is a Type 1 Action under the City of Ithaca Environmental Quality Review
Ordinance (“CEQR”) and an Unlisted Action under the State Environmental Quality
Review Act (“SEQR”), both of which require environmental review; and
WHEREAS, a Full Environmental Assessment Form (FEAF) and supporting information
has been provided to the City of Ithaca Conservation Advisory Council and Natural
Areas Commission for review of the proposed action and no comments have been
received to date; and
WHEREAS, the Common Council for the city of Ithaca, acting as Lead Agency, has
reviewed the FEAF prepared by IURA and City planning staff; now, therefore, be it
RESOLVED, That the Common Council for the City of Ithaca, as Lead Agency in this
matter, adopts as its own, the findings and conclusions more fully set forth in the FEAF;
and be it further
RESOLVED, That the Lead Agency hereby determines that the proposed action at
issue will not have a significant effect on the environment, and that further
environmental review is unnecessary; and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
c) Authorization for Disposition of City-Owned Land – Resolution
WHEREAS, the City of Ithaca Common Council is considering sale of an approximately
3-acre, unimproved sub-parcel of land located at 617 Five Mile Drive in the Town of
Ithaca, NY (part of tax parcel #31.-2-6) to New Earth Living LLC; and
WHEREAS, on December 13, 2013 Common Council authorized a competitive sealed
bid process to offer for sale a 3-acre sub-parcel (City Property), subject to the following
terms:
Minimum Price: Fair Market Value to be determined by appraisal to be
conducted after receipt of bids.
Compliance with
Subdivision & Zoning
Regulations:
Purchaser must identify how conveyance of the 3-acre
sub-parcel will comply with Town of Ithaca subdivision
and zoning regulations. As the sub-parcel lacks street
frontage, it appears that consolidation with an existing
adjoining parcel will be required.
Future Use: Open space, agricultural and/or residential use.
Easement: Sale will be subject to retention of a public easement
across the sub-parcel for access by vehicles and
pedestrians to the City-owned Southwest Natural Area
located east of the railroad tracks.
Additional Purchaser
Expenses:
Appraisal and lot consolidation expenses.
Disclaimer: City reserves the right to reject any and all bids.
and
WHEREAS, the Common Council further stipulated that the bid award is subject to
completion of environmental review, including advice of the Natural Areas Commission,
and approval by the Common Council; and
WHEREAS, on May 6, 2014 the Ithaca Urban Renewal Agency (IURA) issued and
publicly advertised an Invitation For Bids for the City Property; and
WHEREAS, one bid at $10,000 was received from New Earth Living LLC to purchase
the City Property; and
WHEREAS, an appraisal was conducted at the expense of the prospective purchaser
that concluded the fair market value of the City Property is $16,875, so the initial bid
was rejected; and
WHEREAS, a revised sealed bid offering that established the minimum acceptable bid
at $16,875 was issued on July 30, 2014; and
WHEREAS, one bid at $16,875 was received from New Earth Living LLC to purchase
the City Property; and
WHEREAS, New Earth Living LLC developed the Aurora Street pocket neighborhood
project at the 500 block of North Aurora Street; and
WHEREAS, New Earth Living LLC proposes to consolidate the City Property with an
adjacent parcel located at 619 Five Mile Drive for development of an approximately 30-
unit clustered residential subdivision known as “Amabel”; and
WHEREAS, the City Property is proposed to be used as a natural area for storm water
management and a dog park for residents, though final plans for the project may evolve
as the project proceeds through the Town’s approval process; and
WHEREAS, environmental review for sale of this land has been completed; and
WHEREAS, the City Charter requires approval by 3/4s of the Common Council to
authorize sale of real property; now, therefore, be it
RESOLVED, That the Common Council for the City of Ithaca hereby authorizes
disposition of an approximately 3-acre, unimproved, sub-parcel of land located at 617
Five Mile Drive in the Town of Ithaca NY (part of tax parcel 31.-2-6) to New Earth Living
LLC at a sale price of $16,875, subject to the following conditions:
1. Subdivision and consolidation of the sub-parcel with an adjacent parcel in
conformance with Town of Ithaca land use regulations;
2. Retention of a public easement across the sub-parcel for access by vehicles and
pedestrians to the City-owned Southwest Natural Area located east of the
railroad tracks bounding the sub-parcel; and
3. Purchaser shall be responsible for the following costs in addition to the bid
purchase price:
• Lot subdivision and consolidation
• Sellers closing cost expenses, including legal, title and boundary survey
as applicable.
And be it further
RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby
authorized to execute agreements to implement this resolution, including but not limited
to a purchase and sale agreement and conveyance of deed; and be it further
RESOLVED, That expenses of the IURA directly associated with marketing and sale of
the property shall be reimbursed from sale proceeds.
14. MAYOR’S APPOINTMENTS:
14.1 Appointment to Planning and Development Board – Resolution
RESOLVED, That Mark Darling be appointed to the Planning and Development Board
to fill a vacancy as the liaison from the Board of Public Works, with a term to expire
December 31, 2016.