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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 Share 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.