HomeMy WebLinkAbout12-07-16 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday,December 7,2016,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:
4.1 Presentation of Quarterly Employee Recognition Award
4.2 Presentation of Annual Employee Recognition Award
4.3 Annual Pride of Ownership Awards Presentation –Scott Whitham
4.4 A Public Hearing to Consider A Local Law to Adopt a Restricted Sale Price Exemption
For Housing Trust Homes Under NYS Real Property Tax Law Section 467 j
5.SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Presentation by City of Ithaca Youth Council
5.2 Presentation by SourceOne about the City’s Microgrid Proposal for the NY Prize
Competition
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 Greater Ithaca Activities Center (GIAC)Amendment to 2016 Personnel Roster –
Resolution
8.2 Finance/City Controller Authorization to Cover Red Accounts –Resolution
8.3 Finance/Controller –Release of Funds from Contingency Account –Resolution
8.4 Finance Department –Request to Amend 2016 Budget to Account for Various
Unanticipated Revenue and Related Expenses –Resolution
8.5 Department of Public Works –Amendment to Roster for Financial Management
Assistant Position –Resolution
8.6 Department of Public Works –Re Allocation of Position –Building Maintenance and
Solid Waste Supervisor –Resolution
8.7 Approval of Mobile Food Scrap Drop Off Location and Operation at Cass Park –
Resolution
Common Council Meeting Agenda
December 7,2016
Page 2
9.PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Common Council Acceptance of Draft City of Ithaca Character Code and Regulating Plan
–Resolution
10.CITY ADMINISTRATION COMMITTEE:
10.1 Department of Public Works –Amendment to Personnel Roster Resolution
10.2 Authorization to Execute Contract with Department of State for Local Flood Hazard
Analysis –Resolution
10.3 Department of Public Works Authorization to Amend Capital Project #818 (Stewart
Avenue Bridge Painting Project)–Resolution
10.4 Department of Public Works Authorization to Amend Capital Project #802 (Cascadilla
Creekway Project)–Resolution
10.5 Department of Public WorksAuthorization to Amend Capital Project #791 (Lake Street
Bridge Rehabilitation Project)–Resolution
10.6 Authorization to Execute Memorandum of Understanding for Funding and Performance
of Forest Home Drive Project –Resolution
10.7 A Local Law to Adopt a Restricted Sale Price Exemption for Housing Trust Homes under
NYS Real Property Tax Law Section 467 j
10.8 City Controller’s Report
11.REPORTS OF SPECIAL COMMITTEES:
12.NEW BUSINESS:
13.INDIVIDUAL MEMBER –FILED RESOLUTIONS:
13.1 Alderperson Mohlenhoff Approval of City County Law Enforcement Shared Services
Study Funding Resolution
14.MAYOR’S APPOINTMENTS:
14.1 Recommendations to Tompkins Consolidated Area Transit Board –Resolution
14.2 Reappointments to Various Boards and Committees –Resolution
15.REPORTS OF COMMON COUNCIL LIAISONS:
16.REPORT OF CITY CLERK:
17.REPORT OF CITY ATTORNEY:
17.1 Proposed Executive Session to Discuss Pending Litigation.
Common Council Meeting Agenda
December 7,2016
Page 3
18.MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the November 2,2016 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 30,2016
8.CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Greater Ithaca Activities Center (GIAC)Amendment to 2016 Personnel Roster
Resolution
WHEREAS,the Greater Ithaca Activities Center (GIAC)has proposed to add one (1)full time (35
hours)GIAC Program Leader to the roster;and
WHEREAS,this position will provide an opportunity for internal promotion for qualifying GIAC
Program Assistants;and
WHEREAS,the work performed by this position will support GIAC programming effectively;and
WHEREAS,GIAC’s 2016 budget,as approved,has funding to support this position;and
WHEREAS,no additional funds are being requested for this position;now,therefore be it
RESOLVED,That the Personnel Roster of GIAC shall be amended as follows:
Add –One (1)GIAC Program Leader Position (35 hours)
;and,be it further,
RESOLVED,That while the additional position is filled via promotion,the 1 GIAC Program
Assistant position shall remain vacant;and,be it further
RESOLVED,That said roster amendment will be made within the existing funds of the 2016
authorized GIAC budget.
8.2 Finance/City Controller Authorization to Cover Red Accounts Resolution
RESOLVED,That the City Controller be empowered to make transfers within the 2016 Budget
appropriations,as needed,for the remainder of the 2016 Fiscal Year.
8.3 Finance/Controller –Release of Funds from Contingency AccountResolution
WHEREAS,as part of the 2016 Budget,funds were placed in Restricted Contingency to fund the
Outreach Coordinator Program through Family and Children’s Services for $10,000 and to fund
the Grant Lobbyist activity of Sustainable Strategies for $20,000;and
WHEREAS,funds are being expended for both services in 2016 and need to be transferred to
cover the costs;now,therefore be it
RESOLVED,That Common Council hereby transfers $30,000 from Account A1990 Restricted
Contingency to the following accounts:
A8020 5345 Planning Contracts $20,000,to fund Sustainable Strategies
A1210 5435 Mayor Contracts $10,000,to fund Outreach Coordinator
8.4 Finance Department –Request to Amend 2016 Budget to Account for Various
Unanticipated Revenue and Related Expenses Resolution
WHEREAS,during 2016,City of Ithaca departments have received revenuefrom various
unanticipated sources including reimbursements,grants and donations that need to be
accounted for in the 2016 budget;and
WHEREAS,the reimbursement total of $47,752 is as follows:
Tompkins County Celebration Grant$15,600
Insurance Recovery $19,152
Donations $11,000
Reimbursements $2,000
;now,therefore be it
RESOLVED,That Common Council hereby amends the 2016 authorized budget as follows to
account for said receipts and related expenditures of funds:
Increase Revenue Accounts:
A1012 2379 Community Celebrations $15,600
A3120 2705 Police –Donations $11,000
A3120 2665 Police –Sale of Equipment $2,000
A3120 2680 Police –Insurance Recovery $1,440
A3410 2680 Fire –Insurance Recovery $17,712
$47,752
Increase Appropriations Accounts:
A1012 5435 Community Celebrations $15,600
A3120 5415 5001 Police –Clothing $10,000
A3120 5425 Police –Donations $1,000
A3120 5476 5001 Police –Sale of Equipment $3,440
A3410 5476 12250 Fire –Insurance Recovery $17,712
$47,752
8.5 Department of Public Works –Amendment to Roster for Financial Management
Assistant Position Resolution
WHEREAS,the Department of Public Works (DPW)has been reconfiguring its Administrative
and Financial staffing responsibilities to reflect changes in the overall operations of the
Department;and
WHEREAS,the DPW has recently conducted interviews and hired one candidate to fill a funded,
vacant Financial Management Assistant position,and due to reorganization,has found the need
to hire a second Financial Management Assistant;and
WHEREAS,the recent interviews for Financial Management Assistant yielded several qualified
candidates;and
WHEREAS,there is currently a full time funded,vacant Administrative Assistant position and a
half time funded,vacant Financial Management Assistant position in DPW;and
WHEREAS,DPW has extended a full time offer to a second qualified candidate under the half
time Financial Management Assistant position,with the remaining half time funded as a
seasonal employee;and
WHEREAS,DPW desires to add this Financial Management Assistant position to the roster
replacing the vacant Administrative Assistant position;now,therefore be it
RESOLVED,That the Personnel Roster of the Department of Public Works shall be amended as
follows:
Add:One (1)Financial Management Assistant Position (40 hours)
Delete:One (1)Administrative Assistant Position (40 hours)
;and,be it further
RESOLVED,That the second Financial Management Assistant currently working as a half time
permanent employee and half time seasonal employee be granted full time benefits
retroactive to the date of hire;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 the funding for this change shall be derived from existing funds within the
Department of Public Works budget;and be it further
RESOLVED,That the City Controller is authorized as necessary to move DPW funding in the
General Fund account for said roster amendments.
8.6 Department of Public Works (DPW)–Re Allocation of Position –Building Maintenance
and Solid WasteSupervisor Resolution
WHEREAS,the Building Maintenance and Solid Waste Supervisor requested a review of his
position pursuant to the terms of the City Executive Association labor contract;and
WHEREAS,the review determined that a permanent and material growth in the position’s
responsibilities has occurred since the position was last evaluated in June 2001;and
WHEREAS,the Human Resources Department reviewed the point factor evaluation of the
Building Maintenance and Solid Waste Supervisor position and determined that the growth in
responsibilities merits an increased point factor rating,which results in the reallocation of the
position to a higher salary grade;now,therefore be it
RESOLVED,That the position of Building Maintenance and Solid Waste Supervisor be
reallocated from Grade C,to Grade A,of the City Executive Association Compensation Plan;
and,be it further
RESOLVED,That funding in the amount of $6,029 to cover this salary increase retroactive to
January 21,2016,shall be derived from Account Group A1620,DPW Buildings.
8.7 Approval of Mobile Food Scrap Drop Off Location and Operation at Cass Park
Resolution
WHEREAS,Tompkins County Solid Waste will no longer be supporting the food scrap curbside
pickup program on West Hill,and has requested a pilot food scrap drop off location in Cass Park
for convenience to the West Hill neighborhood;and
WHEREAS,several food scrap drop off locations are currently in existence throughout Tompkins
County and the City of Ithaca,and have been very successful;and
WHEREAS,the proposed food scrap drop off for Cass Park will be a mobile unit,on site and
operating only on Thursdays from 3:00 p.m.to 6:00 p.m.in the parking lot of the Cass Park Ice
Rink for a trial period of one year;and
WHEREAS,Tompkins County Solid Waste has been working with Cass Park staff to determine
the best location for the mobile food scraps drop off facility;and
WHEREAS,the Board of Public Works unanimously supported the mobile food scraps drop off
location in Cass Park at the October 24,2016,BPW meeting;now,therefore be it
RESOLVED,That Common Council approves the mobile food scrap drop off location and
operation at Cass Park for a period of one year,beginning January 5,2017,and will re evaluate
authorization to continue operation beyond the one year trial period in September 2017.
9.PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Common Council Acceptance of Draft City of Ithaca Character Code and Regulating
Plan Resolution
WHEREAS,Mayor Svante Myrick co signed a letter of support in August of 2013 with then Town
Supervisor Herb Engman on behalf of the City and Town designating Better Cities &Towns of
the Form Ithaca project team as the lead applicant for a NYSERDA’s Cleaner Greener
Communities grant to jointly update our zoning ordinances;and
WHEREAS,Common Council is committed to dense urban development in the core of
downtown,as is expressed in Plan Ithaca,Phase I of the City’s Comprehensive Plan which was
adopted by Common Council in September of 2015;and
WHEREAS,the City of Ithaca’s successful adoption of a hybrid form based code in Collegetown
has resulted in higher quality development that has had a positive impact on the character of
the neighborhood;and
WHEREAS,the Form Ithaca project is led by the nonprofit Better Cities &Towns,dedicated to
promoting sustainable,walkable communities;architects and landscape architects STREAM
Collaborative;and urban planners Randall +West;and the team brought in leading urban
design,development,transportation,and form based code consultants who offered their
valuable expertise to the City;and
WHEREAS,the Form Ithaca project team has worked with City Staff,civic leaders,developers,
State and County Agencies,and other stakeholders,completed four reports,and organized a
four day charrette in the City of Ithaca,June 3rd through 6th,2015,and these documents and
the public process informed the development of the draft City of Ithaca Character Code and
Regulating Plan;and
WHEREAS,the draft City of Ithaca Character Code was circulated to Planning and IURA staff in
August of 2016,and a new draft,dated October 11,2016,was prepared that incorporates many
of the submitted comments;and
WHEREAS,City staff recognizes the importance of maintaining a human scale along the street,
especially in transitional areas where commercial zones are located near residential districts,
and supporting development of a substantial amount of underutilized land,particularly in the
W.State St./MLK Jr.Corridor;now,therefore be it
RESOLVED,That Common Council accepts the City of Ithaca Character Code and Regulating Plan
for review and consideration of adoption.
10.CITY ADMINISTRATION COMMITTEE:
10.1 Department of Public Works (DPW)–Amendment to Personnel Roster Resolution
WHEREAS,the Streets and Facilities Division of the Department of Public Works is anticipating
the retirements of two senior personnel over the next few years;and
WHEREAS,the Streets and Facilities Division needs to plan for succession of these two key
personnel,and would like to create a senior position to work closely with the Assistant
Superintendent and Street Supervisor over the next few years to help with the transition once
the retirements take place;and
WHEREAS,the qualifications for the position to help with this upcoming transition will require
significant background in roadway and other civil construction projects;and
WHEREAS,the Ithaca Civil Service Commission established the newly created classification of
Construction Engineer at their October 26,2016 meeting;now,therefore be it
RESOLVED,That the Personnel Roster of the Streets and Facilities Division of the Department of
Public Works shall be amended as follows:
Add:One (1)Construction Engineer Position (40 hours)
Delete:One (1)Assistant Civil Engineer Position (40 hours)
;and,be it further
RESOLVED,That the position of Construction Engineer shall be assigned to the City Executive
Association Unit at salary grade A;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 the funding for this change shall be derived from existing funds within the
Department of Public Works budget.
10.2 Authorization to Execute Contract with Department of State for Local Flood Hazard
AnalysisResolution
WHEREAS,Common Council established Capital Project (CP)#806 in the 2015 City of Ithaca
budget in the amount of $153,000,for the purpose of performing Drainage and Dredging
studies;and
WHEREAS,the Superintendent of Public Works applied for,and was awarded,a Local
Waterfront Revitalization Project (LWRP)grant in the amount of $150,000 to be used in
conjunction with matching funds from CP #806;and
WHEREAS,the Department of State has recently issued an unexecuted contract for the City of
Ithaca to enter into a Master Contract with the State of New York to receive the matching
funds,and one of the requirements to enter such contract is an “Authorizing Resolution”;now,
therefore be it
RESOLVED,That Common Council authorizes the City of Ithaca to execute a Master Contract
with the State of New York,for Contract #C1000677 “Local Flood Hazard Analysis”in the total
amount of $303,000 with $153,000 coming from CP #806 and $150,000 to be reimbursed from
the Department of State;and,be it further
RESOLVED,That Common Council hereby amends Capital Project #806 City Drainage and
Dredging study in the amount not to exceed $150,000 for a total project authorization of
$303,000 for the purposes of accounting for said state grant.
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-6590
DEPARTMENT OF PUBLIC WORKS
Michael J. Thorne, P.E., Superintendent
Telephone: 607/274-6531 Fax: 607/274-6587
“An Equal Opportunity Employer with a commitment to workforce diversification.”
TO: Common Council
FROM: Michael J. Thorne, P.E.
Superintendent of Public Works
DATE: November 1, 2016
RE: Master Contract with Department of State
Dear Council Members,
In the 2015 budget, Capital Project #806 was established in the amount of $153,000 to perform
drainage and dredging studies. A stormwater working group was formed with City, County,
Cornell, and USGS staff to come up with a comprehensive vision for the studies. The City
entered into 3 contracts with the USGS to perform initial work, including a bathymetric survey
of the 30 foot dam reservoir, stormwater field measurements, and flood mapping in the City for
various storm events and conditions. This work is underway.
Also in 2015, I applied for and was awarded a Local Waterfront Revitalization Program grant in
the amount of $150,000 to match existing local funds to perform stormwater studies, bringing the
total amount available to $303,000. Of this total amount, approximately $65,000 will be used for
the studies currently being performed by the USGS. The remaining amount will be used for
additional studies (based on the results of the USGS studies) to identify flood mitigation
measures within the City and surrounding watershed, perform feasibility studies, and outline an
implementation strategy.
The Department of State recently sent the City an unexecuted contract package to access the
$150,000 in grant money. The workplan included within the contract package follows the
recommendations of the stormwater working group. As part of the contract package submittal,
the City needs to provide an “Authorizing Resolution”, which will be presented to Common
Council in the December 2016 meeting.
Please feel free to contact me if you have any questions regarding the proposed stormwater and
flood studies.
10.3 Department of Public Works Authorization to Amend Capital Project #818 (Stewart
Avenue Bridge Painting Project)Resolution
WHEREAS,a project for the rehabilitation of the Stewart Avenue Bridge over Cascadilla Creek,
P.I.N.3755.94 (“the Project”)is eligible for funding under Title 23 U.S.Code as administered by
the Federal Highway Administration (FHWA),as amended,that calls for the apportionment of
the costs such program to be borne at the ratio of 80%Federal funds and 20%non Federal
funds;and
WHEREAS,on March 4,2015,Common Council authorized the City of Ithaca to pay in the first
instance 100%of the Federal and non Federal share of the costs of Scoping,Preliminary Design
and Detailed Design;and
WHEREAS,the sum of $80,000 has been appropriated from Capital Project #818 and made
available to cover the cost of participation in the above phases of the project;and
WHEREAS,as part of the approved 2017 budget,Common Council authorized $27,000
additional funding to cover Project administration cost;and
WHEREAS,on October 21,2016,an additional $923,000 (80%Federal,15%State and 5%City
share)Project funding was made available by New York State Department of Transportation for
Construction and Construction Inspection Phases;and
WHEREAS,the amended project budget is projected to be $1,030,000;and
WHEREAS,this Project constitutes a reconstruction of facility in kind on the same site as well as
maintenance or repair involving no substantial change in an existing facility,and is therefore a
Type II action under the National Environmental Policy Act (NEPA)Regulation and in accordance
with 6 NYCRR Part 617 requiringno environmental review;now,therefore be it
RESOLVED,That the City of Ithaca Common Council amends the Capital Project budget
authorizations for the Project by the sum of $950,000 (which includes $27,000 authorized in
2017 Capital Project Budget and the $923,000 covered in the supplemental agreement from
New York State Department of Transportation [NYSDOT])for a total project cost not to exceed
$1,030,000;and,be it further
RESOLVED,That this project be undertaken with the understanding that the final cost of the
Project to the City of Ithaca will be roughly 7.5%of said portion,currently estimated at $77,150
of the $1,030,000 authorized for this project;and,be it further
RESOLVED,That in the event the full Federal and non Federal share costs of the project
exceeds the amount appropriated above,the Common Council of the City of Ithaca shall
convene as soon as possible to appropriate said excess amount immediately upon the
notification by the NYSDOT thereof;and,be it further
RESOLVED,That the Mayor of the City of Ithaca be and is hereby authorized to execute all
necessary Agreements on behalf of the City of Ithaca with the NYSDOT in connection with the
advancement or approval of the Project and providing for the administration of the Project and
the municipality’s first instance funding of Project costs and permanent funding of the local
share of federal aid and state aid eligible Project costs and all Project costs within
appropriations therefore that are not so eligible;and,be it further
RESOLVED,That the Superintendent of Public Works be and is hereby authorized to administer
the above project;and,be it further
RESOLVED,That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with
the Project;and,be it further
RESOLVED,That this Resolution shall take effect immediately.
10.4 Department of Public Works Authorization to Amend Capital Project #802 (Cascadilla
Creekway Project)Resolution
WHEREAS,Cascadilla Creekway Project,P.I.N.3950.58 (“the Project”)is eligible for funding
under Title 23 U.S.Code as administered by the Federal Highway Administration (FHWA),as
amended,that calls for the apportionment of the costs for such program to be borne at the
ratio of 80%Federal funds and 20%non Federal funds;and
WHEREAS,the Project includes the following four infrastructure components (Cascadilla
Avenue enhancement;railing replacement along Cascadilla Creek;Sears Street Pedestrian
Bridge Replacement;and intersection improvement at Cascadilla Ave /N Cayuga Street;and
WHEREAS,this Project constitutes a reconstruction of facility in kind on the same site as well as
maintenance or repair involving no substantial change in an existing facility,and is therefore a
Type II action under the National Environmental Policy Act (NEPA)Regulation and in accordance
with 6 NYCRR Part 617 requiringno environmental review;and
WHEREAS,on June 4,2014,Common Council authorized the City of Ithaca to pay in the first
instance 100%of the Federal and non Federal share of the costs of all work for the Project;and
WHEREAS,the sum of $750,000 has been appropriated fromCapital Project #802 and made
available to cover the cost of the Project with the understanding that the cost to the City would
be 20%or $150,000;and
WHEREAS,as part of the approved 2017 budget,Common Council authorized an additional
$90,000 funding for the Project;and
WHEREAS,on September 12,2016,Dormitory Authority of New York State (DASNY)awarded
the City an additional $250,000 in funding to cover additional Project costs as part of a
reimbursement program with no local match;and
WHEREAS,the current and proposed project budget are outlined as follows:
Authorization
Total
Project
Budget
City of
Ithaca Share
FHWA
Share
DASNY
Current $750,000 $150,000 $600,000 $0
Proposed $1,090,000 $240,000 $600,000 $250,000
Increase $340,000 $90,000 $0 $250,000
;now,therefore be it
RESOLVED,That Common Council hereby approves an increase of Capital Project #802 by an
amount not to exceed $340,000,which includes $90,000 in the 2017 Capital Project budget and
the funding in the first instance for $250,000 of DASNY funds,for a total project authorization
of $1,090,000;and,be it further
RESOLVED,That this project be undertaken with the understanding that the final cost of the
Project to the City of Ithaca will be roughly 22%of said portion,currently estimated at $240,000
of the $1,090,000 authorized for this portion of the project;and,be it further
RESOLVED,That in the event the full federal and non federal share costs of the project exceeds
the amount appropriated above,the Common Council of the City of Ithaca shall convene as
soon as possible to appropriate said excess amount immediately upon the notification by the
New York State Department of Transportation thereof;and,be it further
RESOLVED,That the Mayor of the City of Ithaca be and is hereby authorized to execute all
necessary Agreements on behalf of the City of Ithaca with the NYSDOT and the DASNY in
connection with the advancement or approval of the Project and providing for the
administration of the Project and the municipality’s first instance funding of Project costs and
permanent funding of the local share of federal aid and state aid eligible Project costs and all
Project costs within appropriations therefore that are not so eligible;and,be it further
RESOLVED,That the Superintendent of Public Works be and is hereby authorized to administer
the above project;and,be it further
RESOLVED,That a certified copy of this resolution be filed by attaching it to any necessary
Agreements in connection with the Project;and,be it further
RESOLVED,This Resolution shall take effect immediately.
10.5 Department of Public WorksAuthorization to Amend Capital Project #791 (Lake
Street Bridge Rehabilitation Project)Resolution
WHEREAS,a project for the rehabilitation of the Lake Street Bridge Over Fall 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),as amended,that calls for the apportionment of the
costs for such program to be borne at the ratio of 80%Federal funds and 20%non Federal
funds;and
WHEREAS,On September 4,2013,Common Council authorized $1,464,250 to cover the cost of
the total Project;and
WHEREAS,On December 1,2014,the Board of Public Works unanimously authorized staff to
undertake Enhancement of Ithaca Falls Public Area (“the Enhancement”)as part of the Project;
and
WHEREAS,On February 5,2015,Common Council approved an increase of CP #791 by an
amount not to exceed $30,000 to cover the design phase of the Enhancement for a total
project authorization of $1,494,250;and
WHEREAS,On December 2,2015,Common Council approved an increaseof CP #791 by an
amount not to exceed $229,750 which included $169,000 for Enhancement construction and
$60,750 for the Project with an understanding that $60,750 would likely be eligible for federal
and state reimbursement up to 95%of that amount ($57,000);and
WHEREAS,On September 30,2016 ,New York State Department of Transportation provided a
supplemental agreement for the Project that provides $19,927 more than the $60,750 that was
considered on December 2,2015;and
WHEREAS,both the $60,750 and the $19,927 will be eligible for Federal (80%)and State (15%)
reimbursement;and
WHEREAS,the current and proposed project costs are outlined as follows:
Authorization
Total
Project
Cost
City of Ithaca
Share
NY State
Share
FHWA
Share
Other Funding
Sources (For Park
Enhancement)
Current $1,724,000 $106,250 $228,750 $1,220,000 $169,000
Proposed $1,743,927 $107,246 $231,739 $1,235,942 $169,000
Increase $19,927 $996 $2,989 $15,942 $0
now,therefore,be it
RESOLVED,That,Common Council here by approves an increase of Capital Project #791 by an
amount not to exceed $19,927,for a total project authorization of $1,743,927;and,be it
further
RESOLVED,That this project be undertaken with the understanding that the final cost of the
Project to the City of Ithaca will be roughly 6%of said portion,currently estimated at $107,246
of the $1,743,927 authorized for this portion of the project,in monies and in kind services as
managed by the Superintendent of Public Works and monitored by the City Controller;and,be
it further
RESOLVED,That in the event the full federal and non federal share costs of the project exceeds
the amount appropriated above,the Common Council of the City of Ithaca shall convene as
soon as possible to appropriate said excess amount immediately upon the notification by the
NYSDOT thereof;and,be it further
RESOLVED,That the Mayor of the City of Ithaca be and is hereby authorized to execute all
necessary Agreements on behalf of the City of Ithaca with the New York State Department of
Transportation in connection with the advancement or approval of the Project and providing
for the administration of the Project and the municipality’s first instance funding of Project
costs and permanent funding of the local share of federal aid and state aid eligible Project costs
and all Project costs within appropriations therefore that are not so eligible;and,be it further
RESOLVED,That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with
the Project;and,be it further
RESOLVED,This Resolution shall take effect immediately;and,be it further
RESOLVED,That the Superintendent of Public Works be and is hereby authorized to administer
the above project.
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-6590
DEPARTMENT OF PUBLIC WORKS
Michael J. Thorne, P.E. Superintendent
Telephone: 607/274-6527 Fax: 607/274-6587
“An Equal Opportunity Employer with a commitment to workforce diversification.”
MEMORANDUM
TO: City Administration Committee
FROM: Addisu Gebre, Bridge Systems Engineer
DATE: November 3rd, 2016
RE: Lake Street Bridge Rehabilitation Project, CP#791
Cascadilla Creekway Project, CP#802
Stewart Avenue Bridge Painting Project, CP#818
Please find attached three resolutions seeking Common Council authorization to amend project
budgets for the following projects: Lake Street Bridge Rehabilitation Project, Cascadilla
Creekway Project, and Stewart Avenue Bridge Pain ing Project.
Additional funding for the projects made available by New York State Department of
Transportation, Dormitory Authority of New York State and City of Ithaca 2017 Capital Project
Budget to cover construction, construction inspection and construction administration costs of
the projects.
Here is a brief summary of the proposed budget increase and city’s share for each projects:
CP# Project Title Budget increase
proposed
City of Ithaca
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791 Lake St Bridge Rehabilitation Project $19,927 $996
802 Cascadilla Creekway Project $340,000 $90,000
818 Stewart Avenue Bridge Painting Project $950,000 $73,150
If you have any questions, please call Addisu Gebre, Bridge Systems Engineer @ 607-274-6530
10.6 Authorization to Execute Memorandum of Understanding for Funding and
Performance of Forest Home Drive Project –Resolution
WHEREAS,in September 2015,the City closed Forest Home Drive to vehicular access from
Thurston Avenue to the service drive of Olin Laboratory due to the deteriorating condition of
the gorge wall and structural impact of such on the roadway;and
WHEREAS,the closure of the above described portion of Forest Home Drive has resulted in
restricting access to portions of the Cornell University campus,namely its Human Ecology
Building and parking garage,and impeding circulation of campus traffic;and
WHEREAS,Cornell University previously set aside $800,000 to support the reconstruction of
Stewart Avenue;and
WHEREAS,Cornell University is now offering to reallocate such funds for the Forest Home Drive
project in the form of a one time grant in an amount up to $800,000 to enable the City to
stabilize the underlying structural issues and reconstruct Forest Home Drive,reconfigure and
improve drainage to prevent erosion,re route and/or stabilize the utility lines running from
Forest Home Drive under Thurston Avenue Bridge,and stabilize and reconstruct the retaining
wall and sidewalk along Forest Home Drive;and
WHEREAS,such grant will be distributed upon execution of a memorandum of understanding
with Cornell University concerning the scope and terms and conditions of the project;and
WHEREAS,City staff is supportive of entering into a memorandum of understanding with
Cornell and receiving such funds to perform the work;now,therefore be it
RESOLVED,That Common Council authorizes the City to accept the grant and,upon the advice
of the City Attorney and Superintendent of Public Works,the Mayor to execute a memorandum
of understanding with Cornell University to govern the transfer of the funds and the scope,
terms and conditions of the work;and,be it further
RESOLVED,That,in accordance with the executed memorandum of understanding,the funds
received from Cornell University shall be deposited in Capital Project Number #778 for the
Forest Home Drive Project and be used to perform the work.
10.7 A Local Law to Adopt a Restricted Sale Price Exemption for Housing Trust Homes
under NYS Real Property Tax Law Section 467 j
Local Law No.2016 __
WHEREAS,there is a demonstrable and critical shortage of affordable housing within the City of
Ithaca and Tompkins County;and
WHEREAS,on May 4,2016,the Common Council adopted a resolution urging the New York
State Legislature to amend the Real Property Tax Law to authorize taxing jurisdictions to grant a
partial tax exemption so that an owner occupied,affordable home subject to a ground lease or
deed restriction which restricts the resale price of the property for at least 30 years incur a
property tax bill similar to residential properties with similar resale values;and
WHEREAS,Assemblywoman Barbara Lifton and Senator O’Mara introduced such legislation that
was enacted into law as Section 467 j of Real Property Tax Law on September 29,2016,which
authorizes local taxing jurisdictions in Tompkins County,such as the City of Ithaca,to adopt
such exemption to support affordable,owner occupied housing following adoption of a local
law by the County;and
WHEREAS,Tompkins County adopted a local law enacting Section 467 j of Real Property Tax
Law on November 1,2016;and
WHEREAS,to the extent this constitutes an action as defined by the State and City
Environmental Quality Review,it is a Type II action under §176 5(C)(26)and (8)of the City of
Ithaca Environmental Quality Review Ordinance and is therefore not subject to further
environmental review;and
WHEREAS,pursuant to Municipal Home Rule Law Section 10(1)(ii)(a)(8)and (9)the City of
Ithaca is authorized to adopt a local law relating to the levy,administration and collection of
local taxes authorized by the legislature and of assessments for local improvements;now,
therefore
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1.The City of Ithaca seeks to preserve and expand the amount of affordable,owner
occupied housing throughout the City.
Section 2.The exemption authorized by Section 467 j of the Real Property Tax Law is hereby
adopted.
Section 3.This Local Law shall take effect immediately upon filing with the Secretary of State
and shall be applicable for all assessments rolls filed after this date.
Department of Assessment
128 East Buffalo Street
Jay Franklin Inclusion through Diversity Irene Kehoe
Director Assistant Director
Mail Address: Tel: 607-274-5517
128 East Buffalo Street Fax: 607-274-5507
Ithaca, New York 14850 assessment@tompkins-co.org
http://www.tompkins-co.org/assessment/
To:City of Ithaca Common Council
From: Jay Franklin
Date: October 24, 2016
Subject: RPTL 467-j – Housing Trust Restricted Sale Price
Information is provided on Section 467-j of the real property law which allows for an exemption for the amount above
the restricted sale price that a property might be subjected to as a result of participating in a Housing Trust program.
1. Action Request
To consider whether to pass this local option exemption.
2. Background
Under current real property tax law, the assessment of all properties is equal to its fair market value.
Voluntary restrictions to a re-sale price are not to be taken into consideration when valuing property for
assessment purposes.
Currently, the participant in these housing trust programs own only the improvements while the qualifying not-
for-profit retains ownership of the land. The owner of the improvement pays a ground rent to the not-for-profit
of about $600/year. The restricted sale price is only on the improvement.
If the restricted re-sale price could have been taken into consideration absent this legislation, let’s say the
market value of a property is $170,000. The individual would purchase the house for a reduced price of
$120,000. The land value (which would be taxable) is $25,000. This would cause the property owner to pay
on a basis of $170,000 as opposed to the $145,000 that it would otherwise be paying if the restrictions would
be taken into account. (Additional tax of $750).
The new legislation would not only make the land exempt from taxation but would also reduce the
improvement resale price to the restricted resale price as determined by the resale formula.
A yearly application by the property owner would be required and the yearly re-sale value would have to be
provided.
3. Financial Implication
I do not have the exact figures for the number of these homes currently in the City of Ithaca. I am basing the
financial impact on a figure of 16 homes that would qualify.
Based upon current tax rates, approximately $5,000 would be shifted in County tax dollars to the rest of the
tax base resulting in a $0.003 increase in the tax rate or an approximate $0.60 increase in the median tax bill.
If passed by March 1, 2017, the exemption could first be applied to the 2017 Assessment Roll (basis of the
2018 County taxes).
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
Local Law Filing
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
County
City
of Tompkins
Town
Village
Local Law No. f of the year 2016
A local law Enacting the New York State Real Property Tax Law Section 467-j –
(Insert Title)
Restricted Sale Price Exemption for Housing Trust Houses
Be it enacted by the Tompkins County Legislature of the
(Name of Legislative Body)
County
City
of Tompkins as follows:
Town
Village
Section 1: Exemption Adopted
The exemption authorized by Section 467-j of the Real Property Tax Law is hereby adopted.
Section 2: Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State and shall be
applicable for all assessment rolls filed after this date.
DRAFT – To be
considered
November 1, 2016
LAWS OF NEW YORK, 2016
CHAPTER 352
AN ACT to amend the real property tax law, in relation to providing a
real property tax exemption for certain property in certain counties
Became a law September 29, 2016, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
Section 1. The real property tax law is amended by adding a new
section 467-j to read as follows:
§ 467-j. Exemption for certain residential properties located in
certain counties. 1. After a public hearing, the governing board of a
county with a population greater than one hundred thousand and less than
one hundred five thousand based upon the latest decennial census may
adopt a local law to grant a partial exemption from taxation and special
ad valorem levies authorized pursuant to this section. Following such
adoption, any city, town or village within such a county may adopt a
local law and a school district within such a county, other than a
school district subject to article fifty-two of the education law, may
adopt a resolution to also grant a partial exemption from taxation and
special ad valorem levies authorized pursuant to this section.
2. The real property tax exemption authorized by subdivision one of
this section shall be in an amount equal to the latest state equaliza-
tion rate multiplied by the difference between the full resale value of
such real property absent any restriction and the maximum resale value
of such real property established by such ground lease to residential
properties located on land owned by a not-for-profit entity and subject
to regulatory restrictions from federal, state or local housing programs
that provide grants or loans to enhance housing affordability and
subject to a ground lease or deed restrictions that restrict the resale
price of such real property for at least thirty years.
3. Such exemption shall be granted only upon application by the owner
or owners of such real property on a form prescribed by the commission-
er. Such application shall be filed annually with the assessor on or
before the appropriate taxable status date.
§ 2. This act shall take effect immediately and shall apply to assess-
ment rolls prepared on the basis of taxable status dates occurring on or
after such date.
The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.
JOHN J. FLANAGAN CARL E. HEASTIE
Temporary President of the Senate Speaker of the Assembly
EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law
to be omitted.
BILL NUMBER: A9678B
SPONSOR: Lifton
TITLE OF BILL:
An act to amend the real property tax law, in relation to providing a
real property tax exemption for certain property in certain counties
PURPOSE:
To grant a partial tax exemption for community land trust properties.
SUMMARY OF PROVISIONS:
The bill amends real property tax law to authorize that certain coun-
ties, after public hearing and adoption of local law by the governing
board of a county, and at option of any city, town, village or school
district within such a county, may grant a partial real property tax
exemption for property that is located within the county and is subject
to an initial regulatory agreement restricting the purchase of the prop-
erty. Such exemption shall be granted upon application by owner or
owners of such real property on a form prescribed by the commissioner,
to be filed annually.
EXISTING LAW:
None.
JUSTIFICATION:
For community land trust property in certain counties, resale value
restrictions are in place to maintain affordable housing. Tompkins Coun-
ty passed resolution 2016-27 requesting this legislation to prevent the
over-valuation of property based on assessments which do not consider
limitations on resale value through the implementation of deed or ground
lease restrictions. This bill will allow certain counties to implement a
property tax exemption to maintain a robust stock of affordable housing
in the community.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately, and it shall apply to assessment rolls prepared on the
basis of taxable status dates occurring on or after such date.
13.INDIVIDUAL MEMBER –FILED RESOLUTIONS:
13.1 Alderperson Mohlenhoff Approval of City County Law Enforcement Shared Services
Study Funding Resolution
WHEREAS,by resolution of November 4,2015,the Common Council unanimously endorsed a
joint effort to secure State grant funding and/or other aid that will,in turn,fund a detailed
analysis of the feasibility and opportunities for consolidation via a countywide police agency,or
further sharing of police services between the City of Ithaca and Tompkins County;and
WHEREAS,by resolution of March 2,2016,appended hereto,the Common Council unanimously
authorized the City,in coordination with the County,to releasea request for proposals (RFP)
and act upon responsive proposals from consultants seeking to conduct the Study,and
WHEREAS,a 14 person,Intermunicipal Steering Committee,consisting of six County
representatives,six City representatives,and two village officials,has been established to
oversee the selection of a firm to undertake the study and to provide input and guidance to the
agency during the course of the study,and
WHEREAS,the New York State Department of State has awarded $50,000 to support the cost of
the study through the Municipal Restructuring Fund program,and
WHEREAS,the Steering Committee has reviewed the responses to the RFP and has
recommended that the Center of Governmental Research (CGR)of Rochester,New York,be
selected to undertake the study,and
WHEREAS,the cost of the study is anticipated to be $70,000,which exceeds the amount of the
State grant by $20,000,and
WHEREAS,the County has indicated a willingness to support half the cost of the overage,
provided that the City also contribute $10,000 to ensure the project goes forward,per the
appended County resolution which has been approved at the Committee level and is pending a
vote of the full County legislature,and
WHEREAS,it is the desire of Common Council to undertake the Law Enforcement Shared
Services study,now,therefore be it
RESOLVED,That the City Controller is hereby authorized to disburse an amount not to exceed
$10,000 to Tompkins County,drawn from Account A3120 5430 05000 Police Fees,for
expenditure by the County in equal measure to County contributed non grant dollars on the
Law Enforcement Shared Services study to be conducted by the Center of Governmental
Research (CGR)of Rochester,New York,and be it further
RESOLVED,That the City Controller is authorized to transfer $10,000 in support of the same
from Account A1990 unrestricted contingency to Account A3120 5430 05000 Police Fees.
March 2, 2016
15
will be accessing the water. Alderperson Brock expressed appreciation to everyone
who worked on this program, noting that the lake is the most treasured asset we have
and providing access to the water really adds to the community and culture.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.3 City-County Law Enforcement Consolidation Study - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Fleming
WHEREAS, the City of Ithaca and Tompkins County have long worked together as part
of an ongoing effort to reduce redundancies, increase efficiency, and alleviate the tax
burden on their residents, and
WHEREAS, the protection of life and property is one of the most vital, and most costly,
functions of government at all levels, and
WHEREAS, that public function is fulfilled in Tompkins County through a number of
police agencies, the largest of which are the City of Ithaca Police Department and the
Tompkins County Sheriff’s Office, and
WHEREAS, the City of Ithaca and Tompkins County have allocated $16,780,212 in their
respective 2015 budgets, representing 25% of the combined property tax levies of the
City and County, to support their respective police agencies, and
WHEREAS, since the 1950’s, cities and counties across the country have successfully
consolidated municipal and county police services as a way to decrease costs and
improve the quality of the services offered to residents, and
WHEREAS, the implementation of police services on a county-wide level allows for a
more seamless distribution of police services unrestricted by municipal boundaries and
that more accurately reflect the needs of city and county residents alike, and
WHEREAS, cities and counties throughout New York State have recognized the
opportunity for improved quality and efficiency that may be afforded by consolidating
police services and have, as a result, begun the process by investing in a
comprehensive analysis of the feasibility of consolidating or sharing police services, and
WHEREAS, in 2004, the City of Ithaca and Tompkins County achieved efficiency and
cost savings through the consolidation of emergency dispatch services, and
WHEREAS, the City of Ithaca and Tompkins County currently operate under a Mutual
Aid Agreement with respect to the City of Ithaca’s Special Weapons and Tactical unit,
and
WHEREAS, as a result of years of cooperation and previous successful consolidation
efforts, the City of Ithaca and Tompkins County are especially well positioned to achieve
efficiencies through the consolidation of further shared services between the City of
Ithaca Police Department and the Tompkins County Sheriff’s Office, and
WHEREAS, New York State has encouraged communities to identify and implement
consolidation and shared service opportunities and has established various grant funds,
including a $150 million onetime allocation for the Governor’s Municipal Restructuring
Fund, to support such efforts, and
WHEREAS, by resolution of November 4, 2015, the Common Council unanimously
endorsed a joint effort to secure State grant funding and/or other aid that will, in turn,
fund a detailed analysis of the feasibility and opportunities for consolidation via a
countywide police agency, or further sharing of police services between the City of
Ithaca and Tompkins County, and
WHEREAS, by that same resolution the Common Council instructed the Mayor to jointly
propose for approval by both legislative bodies an application (the first stage of which is
March 2, 2016
16
termed a “Project Charter” by the Department of State) for grant funding in support of
such a study and associated eligible costs; now, therefore be it
RESOLVED, That the Common Council hereby approves for submission to the
Department of State a Project Charter substantially similar to that included herewith,
including with such amendments as may hereafter be agreed upon by the Mayor and
the City Attorney in discussions with County and State officials and personnel, together
with necessary and appropriate supporting documentation, and, be it further
RESOLVED, That the Common Council hereby authorizes the Mayor, jointly with other
participating municipalities, to effectuate this Project Charter by preparing and releasing
a request for proposals (RFP), and acting upon responsive proposals, for the study of
the feasibility of and opportunities for consolidation and sharing of police services
between the City of Ithaca and Tompkins County, and other law enforcement agencies
e.g., village police departments) in the County that may opt to participate in the study.
Alderperson Brock clarified that all this action does is to authorize the study. When the
study is complete, it will come back to the appropriate legislative bodies for discussion
and consideration. She questioned why the City would be determining what the critical
success factors were in advance of the RFP, and on what basis the tax levy impact
7%) of the combined levies of the participants was deemed to be a substantial
amount. Mayor Myrick responded that the City’s portion of the tax levy impact is
152,000 a year. City Attorney Lavine explained that the grant application requires the
City to identify these success factors and to project what the total savings would be.
The Tompkins County Legislature has pursued a similar process and has also approved
a second resolution that parallels this action.
Alderperson McGonigal stated that he supports this action with misgivings as it is a lot
of work on an already overburdened staff. Mayor Myrick stated that he believes this
project is worth the investment. He commented that the costs might not add up and the
politics may prevent approval but it is worth pursuing, especially if other municipalities
decide to join as the potential economies, efficiencies, and improvement of services
could be significant. He further noted that $1 out of every $4 tax dollars goes toward
law enforcement in the County.
Alderperson Murtagh noted that even if consolidation is not the eventual outcome, the
study will most likely reveal other ways the departments could work together. Mayor
Myrick also noted that by participating in this study, Tompkins County residents became
eligible for property tax rebates.
Alderperson Kerslick inquired about a project time line. City Attorney Lavine responded
that he expects the study to be completed in approximately 18 months.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.4 Finance – Transfer Unused Trust Funds - Resolution
This item was withdrawn from the agenda and referred back to the City Administration
Committee for further consideration.
10.5 Police Department – Request to Amend Authorized Budget for a Security and
Emergency Services Grant - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Fleming
WHEREAS, the City of Ithaca Police Department applied for and received a New York
State Division of Homeland Security and Emergency Services Grant in the amount of
100,000; and
WHEREAS, the grant period will run until August 31, 2018, and provide the department
with the following equipment and resources:
14.MAYOR’S APPOINTMENTS:
14.1 Recommendations to Tompkins Consolidated Area Transit Board –Resolution
RESOLVED,That Common Council recommends that Ducson Nguyen be re elected as a director
of the Tompkins Consolidated Area Transit Board with a term to expire December 31,2017;
and,be it further
RESOLVED,That Common Council recommends that Jennifer Dotson be re elected as a director
of the Tompkins Consolidated Area Transit Board with a term to expire December 31,2019.
14.2 Reappointments to Board of Fire Commissioners –Resolution
RESOLVED,That ThomasHoard be reappointed to the Board of Fire Commissioners with a term
to expire June 30,2018.
RESOLVED,That Robert Sparks be reappointed to the Board of Fire Commissioners with a term
to expire June 30,2017.
14.3 Reappointments to Community Police Board –Resolution
RESOLVED,That Richard Rogers be reappointed to the Community Police Board with a term to
expire December 31,2019,and be it further
RESOLVED,That Johnny Wright be reappointed to the Community Police Board with a term to
expire December 31,2019,and be it further
RESOLVED,That Bruce Beem Miller be reappointed to the Community Police Board with a term
to expire December 31,2019.