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HomeMy WebLinkAbout11-16-16 City Administration Committee AgendaIf 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 Controller’s Office at 607-274-6576 at least 48 hours before the meeting. CA Meeting City Administration Committee DATE: November 16, 2016 TIME: 6:00 p.m. LOCATION: 3rd Floor, City Hall, Council Chambers AGENDA ITEMS Item Voting Item? Presenter(s) Time Allotted Chair, Deb Mohlenhoff 1. Call To Order * Note: We will review the number of 15 Min* 1.1 Agenda Review No cards received at the beginning of each 1.2 Review and Approval of Minutes Yes meeting and adjust time if needed. Approval of October 2016 and 2017 Budget Minutes 1.3 Statements from the Public No 1.4 Statements from Employees No 1.5 Council Response No 2. Consent Items Yes 5 Min 2.1 GIAC – Amendment to Roster 2.2 Finance – Authorization to Cover Red Accounts 2.3 Finance – Release of Funds from Contingency Account 2.4 Finance – Request to Amend 2016 Budget 3. City Administration, Human Resources, and Policy 3.1 DPW – Amendment to Roster Yes Mike Thorne, Supt of DPW 5 Min 3.2 DPW – Amendment to Roster Yes Mike Thorne, Supt of DPW 5 Min 3.3 DPW – Reallocation of Position Yes Mike Thorne, Supt of DPW 5 Min 3.4 DPW – Food Scraps Drop Off at Cass Park Yes Mike Thorne, Supt of DPW 10 Min 3.5 HR – Amendment to Anti-Discrimination and Yes Schelley Michell-Nunn, Director of HR 5 Min Anti-Harassment Policy 3.6 HR – Communication Technology Ordinance Yes Schelley Michell-Nunn, Director of HR 5 Min 3.7 HR – Contracts Ordinance Yes Schelley Michell-Nunn, Director of HR 5 Min 3.8 HR – Commons, Responsible Permit Holder Yes Schelley Michell-Nunn, Director of HR 5 Min Ordinance 3.9 HR – HumanRights Protection Ordinance Yes Schelley Michell-Nunn, Director of HR 5 Min 3.10 HR - Bias-Motivated Crimes Ordinance Yes Schelley Michell-Nunn, Director of HR 5 Min (Distributed under separate cover) 3.11 HR – Licensing of Businesses and Occupations – Taxicabs Yes Schelley Michell-Nunn, Director of HR 5 Min 3.12 HR – Gender Identity Ordinance Yes Schelley Michell-Nunn, Director of HR 5 Min 4. Finance, Budget, and Appropriations 4.1 DPW - Authorization to Execute Contract with DoS for Local Flood Hazard Analysis Yes Mike Thorne, Supt of DPW 10 Min 4.2 DPW – Authorization to Amend CP #818 Yes Addisu Gebre, Bridge Engineer 10 Min 4.3 DPW – Authorization to Amend CP #802 Yes Addisu Gebre, Bridge Engineer 10 Min 4.4 DPW – Authorization to Amend CP #791 Yes Addisu Gebre, Bridge Engineer 10 Min 4.5 Attorney – MOU with Cornell for Funding and Yes Ari Lavine, City Attorney 10 Min Performance of Forest Home Drive Project 4.6 IURA – Local Law to Adopt a Restricted Sale Yes Nels Bohn, IURA 10 Min Price Exemption for Housing Trust Homes under NYS Real Property Tax Law Section 467-j 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 Controller’s Office at 607-274-6576 at least 48 hours before the meeting. CA Meeting Continuation of Agenda 11/16/16 5. Committees Working Group No Deb Mohlenhoff, Rob Gearhart 5 Min 6. Meeting Wrap-up All 5 Min 6.1 Announcements No 6.2 Next Meeting Date: December 16, 2016 6.3 Review Agenda Items for Next Meeting No 6.4 Adjourn Yes 8:30 p.m. Committee Charge: The CA committee will: Review financial and administrative issues pertaining to the City, along with items relating to the City of Ithaca workforce environment, intergovernmental relations and human resources. J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 2. Consent Item .1 GIAC - Amendment to 2016 Roster of the Greater Ithaca Activities Center 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 positions 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. J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 2. Consent Item .2 Finance/City Controller - Authorization to Cover Red Accounts 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. J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 2. Consent Item .3 Finance/Controller – Release of Funds from Contingency Account 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 J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 2. Consent Item .4 Finance – Request to Amend 2016 Budget to Account for Various Unanticipated Revenue and Related Expenses WHEREAS, during 2106, City of Ithaca departments have received revenue from various unanticipated sources including reimbursements, grants and donations that need to be accounted for in the 2016 budget, and WHEREAS, the reimbursement total $36,312 as follows: Tompkins County Celebration Grant $15,600 Insurance Recovery $17,712 Donations $1,000 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 $1,000 A3120-2665 Police – Sale of Equipment $2,000 A3410-2680 Fire – Insurance Recovery $17,712 $36,312 Increase Appropriations Accounts: A1012-5435 Community Celebrations $15,600 A3120-5425 Police – Donations $1,000 A3120-5476-5001 Police – Sale of Equipment $2,000 A3410-5476-12250 Fire – Insurance Recovery $17,712 $36,312 J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 3. City Administration, Human Resources, and Policy .1 DPW – Amendment to Roster WHEREAS, the Department of Public Works 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 RESOLVED, That the City Controller is authorized as necessary to move DPW funding between the General, Water and Sewer Funds to account for said roster amendments. J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 3. City Administration, Human Resources, and Policy .2 DPW – Amendment to Roster 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. J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 3. City Administration, Human Resources, and Policy .3 DPW – Reallocation of Position – Building Maintenance and Solid Waste Supervisor 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 #A1620. J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 3. City Administration, Human Resources, and Policy .4 Food Scraps Drop Off at Cass Park 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. J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 3. City Administration, Human Resources, and Policy .5 HR – Amendment of Anti-Discrimination and Anti-Harassment Policy WHEREAS, Common Council adopted an Anti-Discrimination and Anti-Harassment Policy in 2011. The policy identified protected classes as were listed in the City of Ithaca Human Rights Protection law, and WHEREAS, in 2003, Common Council included the protection of Transgender persons by modifying the definition of gender in its Human Rights Protection, and WHEREAS, it is desirous of Common Council to be inclusive and consistent in its policies. Common Council therefore wishes to revise the Anti-Discrimination and Anti-Harassment Policy to add Gender Identity and Expression, to be specifically included as a listed protected class; now therefore be it RESOLVED, That Common Council hereby amends the City of Ithaca Anti-Discrimination and Anti- Harassment Policy to include Gender Identity and Expression. City of Ithaca Anti-Discrimination and Anti-Harassment Policy Statement of Policy The City of Ithaca is committed to maintaining a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment and hostile behaviors. Therefore, the Mayor and Common Council expect that all relationships and interactions among persons in the City work environment will be professional; respectful; and free from bias, prejudice, hostility, and harassment. The State of New York and the City of Ithaca prohibit discrimination based on the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity andor expression; height; weight; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sexual orientation; or socioeconomic status of an individual. All such discrimination is unlawful and will not be tolerated. Additionally, the City does not allow bias-based harassment, or harassment of any other kind, in its workplace. The City of Ithaca is committed to taking all reasonable steps to prevent discrimination and harassment from occurring in its workplace. Definitions Discrimination: Treating an individual differently because of the individual’s membership in the above mentioned categories. Discrimination based on membership in these categories (other than providing reasonable accommodation for differently- abled persons) is prohibited by federal, state, or local laws. Harassment: Unwanted, unreasonable verbal or physical conduct directed toward or affecting another person that annoys, disturbs, frightens, insults or offends that other person, that continues or is repeated after a request to cease, and that: 1) has the purpose or effect of creating an intimidating, hostile, or offensive work environment; 2) has the purpose or effect of unreasonably interfering with an individual’s work performance; or 3) otherwise adversely affects an individual’s employment opportunities. Harassment includes bias-based harassment and sexual harassment. Bias-Based Harassment: Harassment that denigrates, offends or shows hostility or aversion toward an individual because of his/her actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity and or expression; height; weight; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sexual orientation; or socioeconomic status; or that of his/her relatives, friends, or associates. Bias-based harassment includes, but is not limited to: epithets, slurs or negative stereotyping; threatening, intimidating, or hostile acts; denigrating jokes; and written or graphic material that denigrates, ridicules, objectifies, or shows hostility, aversion or contempt toward an individual or group and that is placed on walls , bulletin boards, lockers or elsewhere on or in the employer’s premises, vehicles, or equipment, or is circulated in the workplace, including through electronic means. Scope of Policy This policy applies to all City officers and employees . This policy applies to all aspects of the relationship between the City and its employees, including but not limited to: recruitment, employment, promotion, training, working conditions, and benefits. Also, employees of the City shall not discriminate against independent contractors, volunteers, personnel employed by temporary agencies , applicants, customers, the general public, and any other persons or agencies doing business for or with the City. It is the expectation that independent contractors shall not discriminate against City employees. If any contractor violates this policy, appropriate action will be taken. Department heads and supervisory personnel are responsible for ensuring a work environment free from unlawful discrimination or harassment. These individuals must take immediate and, if authorized, appropriate corrective action when allegations of discrimination or harassment come to their attention to assure compliance with this policy. Should a department head or supervisor not be authorized to take corrective action, the matter shall be referred to the individual or body, as the case may be, ha ving the authority to take corrective action. Reporting and Investigating Any City officer or employee who witnesses or experiences an incident of suspected discrimination or harassment shall report the incident to the appropriate department head or to the Human Resources Director, or their designees, as soon as possible after an alleged incident. Complaint Procedure Informal Procedure Some situations may be resolved in an informal manner by the Department Head or supervisor without the need for a formal complaint and investigation. Disciplinary action may not be imposed without a formal complaint being filed, and a finding, after investigation, that there is probable cause to believe discrimination or harassment occurred. An individual reporting harassment, discrimination , or retaliation should be aware, however, that the City of Ithaca may decide it is necessary to take action to address such conduct beyond an informal discussion. This decision will be discussed with the individual making the complaint. Formal Procedure A formal complaint must be in writing and must include the act(s), complained about, identify the person or persons alleged to have committed such act(s), and indicate the approximate dates, if known, when the act(s) occurred. Employees and officers can fill out the form themselves, or ask for help from their supervisor, Department Head, or the Human Resources Director. A formal complaint shall be filed with the Department of Human Resources. Investigation Procedure Once a formal complaint has been received, the Human Res ources Director or the Director’s designee will commence a prompt investigation of the allegations in the complaint and will report the results of the investigation to the complainant’s Department Head or to the Mayor, as appropriate. The investigation sh ould be concluded within sixty (60) days of the filing of the formal complaint. The investigation may be expanded if additional allegations are uncovered during the investigation. The investigation may include but is not limited to: identifying the alleged harasser, separately interviewing witnesses, meeting with the person accused to inform her/him of the complaint and informing her/him that retaliation is prohibited, interviewing the accused person regarding the allegations, interviewing witnesses, and determining whether or not there is probable cause to believe that the allegations are true. Prompt reporting of a complaint is strongly encouraged as it allows for rapid response to and resolution of objectionable behavior. Complaints should be filed within one year of the alleged harassment. Post-Investigation and Appeal Procedure Unfounded Complaints If, after an investigation, a complaint is determined to be unfounded, the Human Resources Director will inform the complainant(s) and the accused that the complaint is unfounded. The Human Resources Department will maintain a confidential record of the investigation. Founded Complaints If a complaint is founded, the Human Resources Director and the Department Head or Mayor will meet with the person accused and his/her union representative, if the accused is represented, and explain the findings of the investigation. The accused will have an opportunity to accept the findings and any corrective and/or disciplinary action, or to oppose the findings and file a grievance through his/her collective bargaining unit. The Human Resources Department will maintain a confidential record of the investigation. In the event that either the employee alleging discrimination or harassment, or the employee being charged with discrimination or harassment, is not covered by a labor contract, the employee may exercise the employee’s appeal rights provided for by Civil Service Law, Section C-26.1 of the City Charter, or Article 1 of Chapter 90 of the Code of the City of Ithaca, as appropriate. Corrective and Disciplinary Action Corrective and disciplinary action for discrimination or harassment may include, but is not limited to, any of the following: attending individualized training; verbal warning; written reprimand; work restrictions; monetary fine; salary reduction or limitation; demotion; suspension; dismissal. Confidentiality The City wishes to create a safe and comfortable environment in which employees are not afraid to discuss concerns and complaints, or to seek general information about discrimination, harassment, or retaliation. The City recognizes that employees may be concerned about the confidentiality of information they share and will strive to preserve confidentiality to the fullest extent possible. Employees must understand that their anonymity cannot always be maintained, especially if disciplinary action is warranted. Filing Complaints with Outside Agents This internal complaint and investigation process does not substitute for or remove the rights of employees or off icers to bring charges of discrimination or harassment with local, federal, and state agencies. Those agencies have specific time limits within which complaints can be brought, and employees or officers should consult each agency a s to the proper procedure or time limit. Support Services Individuals involved in discrimination or harassment complaints are encouraged to seek assistance through the Employee Assistance Program or the Human Resources Department. Responsibilities of Managers and Supervisors All managerial and supervisory staff of the City of Ithaca shall be responsible for enforcing this policy and shall have particular responsibility for ensuring that the work environment under their supervision is free f rom harassment and discrimination and its effects. All managerial and supervisory staff who receives harassment or discrimination complaints will be responsible for immediately forwarding such complaints to either their Department Head or the Director of Human Resources for investigation. The City shall conduct training for managerial and supervisory staff in each department on the issues surrounding harassment and discrimination, its effects and its appearances, and the role and responsibility of supervisory personnel in preventing incidents of harassment or discrimination and resolving complaints. The City shall also distribute this policy to all City employees and conspicuously post this policy at all City work sites. Copies of this policy will also be distributed to new employees as they are hired. Employees will be required to sign a statement that they have read and understood the policy. The City shall also conduct training for all City employees on the concept and definition of harassment and discrimination, the issues surrounding it, and ways in which to deal with it appropriately. Violation of Policy Violations of this policy, regardless of whether or not an actual law has been violated, will not be tolerated. The City of Ithaca will investigate every is sue that is brought to its attention in this area and will take appropriate action. Retaliation Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be subject to disciplinary action. Acts of retaliation should be reported immediately to the Human Resources Director and will be promptly investigated and addressed. Related Laws and Policies: City Code - Human Rights Protection – Chapter 215 Sexual Harassment Policy Workplace Violence Prevention Policy Employee Standards of Conduct Adopted Revised by Common Council on 11/2/1611/2/11 J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 3. City Administration, Human Resources, and Policy .6 An Ordinance to Amend Chapter 152 of the City of Ithaca Municipal Code Entitled “Communications Technology” ORDINANCE NO. 2016- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that the City of Ithaca Municipal Code Chapter 152 be amended to read as follows: Section 1. §152-8 VV. Rights of individuals. (1) Nondiscrimination required. The grantee shall not deny service, deny access, or otherwise discriminate against subscribers or channel users on the basis of age; creed; color; disability; ethnicity; gender identity or expression; height, immigration or citizenship status; marital status; national origin; race; religion; sex; sexual orientation; socioeconomic status; or weight of such person or group of people. Section 2. §152-11B Employment practices. B. Nondiscrimination required. The grantee shall not discriminate against any employee or applicant for employment, subcontractor, supplier of materials or services, or other person by reason of age; creed; color; disability; ethnicity; gender identity or expression; marital status; national origin; race; religion; sex; sexual orientation or socioeconomic status of such person or group of people. The grantee shall comply at all times with all other generally applicable federal and state laws and regulations, which are hereby incorporated and made part of this article by reference. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 3. City Administration, Human Resources, and Policy .7 An Ordinance to Amend Chapter 39 of the City of Ithaca Municipal Code entitled “Contracts” ORDINANCE 2016- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that the City of Ithaca Municipal Code Chapter 39 entitled “Contracts” be amended to read as follows: Section 1. §39-1 Nondiscrimination-clause. The following clause shall be included in any City contract: "The contractor will not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services or program participant because of actual or perceived age; creed; color; disability; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; national origin; race; religion; sex; sexual orientation; socioeconomic status; or weight." Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 3. City Administration, Human Resources, and Policy .8 An Ordinance to Amend Chapter 157 of the City of Ithaca Municipal Code entitled “Commons”, section 157-6(B) entitled “Responsibilities of Permit Holder” ORDINANCE NO. 2016- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that the City of Ithaca Municipal Code Chapter 157 be amended to read as follows: Section 1. Article II §157-6 Responsibilities of permit holder. B. A permit holder or vendor shall not discriminate against the people attending his or her event or patronizing his or her business because of actual or perceived age, creed, color, disability, ethnicity, familial status, gender, gender identity or expression, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socioeconomic status, or weight. Section 2. Article III §157-21(B)15 Vendor responsibility. B. Rules of operation. (15) The applicant shall not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services, or program participant because of actual or perceived age, creed, color, disability, ethnicity, familial status, gender, gender identity or expression, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socioeconomic status, or weight. Section 3. Article IV §157-26(B) Vendor responsibility. B. The vendor will not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services, or program participant because of actual or perceived age, creed, color, disability, ethnicity, familial status, gender, gender identity or expression, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socioeconomic status, or weight. Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 3. City Administration, Human Resources, and Policy .9 HumanRights Protection Ordinance ORDINANCE __-2016 An Ordinance Amending Chapter 215 of the City of Ithaca Municipal Code WHEREAS, the City Code has long included in Chapter 215’s antidiscrimination protections specific protections for the Transgender community, including reference to gender identity and expression, but only as included within the definition of Gender within that Chapter, and; WHEREAS, the Common Council now desires to define and protect “gender identity and expression” separately from “Gender” within Chapter 215; now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that: 1. Protection of gender identity and expression is deserving of specific protection. 2. Council strongly supports the LGBT community in Ithaca. Section 2. Amending Chapter 215. Chapter 215 is amended as follows: Section 215-2, “Definitions”, is amended to include a definition as follows: GENDER IDENTITY OR EXPRESSION When ones perception of self is different from their assigned sex at birth. External appearance of one's gender identity, usually expressed through behavior, clothing, haircut or voice, and which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine. All provisions of Chapter 215 are amended so as to insert between all instances of the words “gender;” and “height;” the words “gender identity or expression;”. Section 4. Severability. Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance. Section 5. Effective Date. This ordinance shall take effect immediately upon publication as provided for in the City Charter. J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 3. City Administration, Human Resources, and Policy .10 An Ordinance to Amend Chapter 232 of the City of Ithaca Municipal Code entitled “Licensing of Businesses and Occupations” Article VI entitled “Taxicabs” ORDINANCE 2016- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that the City of Ithaca Municipal Code Chapter 232 Section VI be amended to read as follo ws: Section 1. §232-69A(1) Operating regulations. (1) Nondiscrimination: not refuse or neglect to convey any orderly person upon request in the City unless previously engaged or unable or forbidden by the provisions of this article or any other applicable law. Notwithstanding the foregoing, no driver licensed under this chapter shall discriminate on the basis of actual or perceived age; creed; color; disability; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socioeconomic status; weight; or location within the City of Ithaca Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 3. City Administration, Human Resources, and Policy .11 Gender Identity Ordinance ORDINANCE __-2016 An Ordinance Amending Chapter 215 of the City of Ithaca Municipal Code WHEREAS, the City Code has long included in Chapter 215’s antidiscrimination protections specific protections for the Transgender community, including reference to gender identity and expression, but only as included within the definition of Gender within that Chapter, and; WHEREAS, the Common Council now desires to define and protect “gender identity and expression” separately from “Gender” within Chapter 215; now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that: 1. Protection of gender identity and expression is deserving of specific protection. 2. Council strongly supports the LGBT community in Ithaca. Section 2. Amending Chapter 215. Chapter 215 is amended as follows: Section 215-2, “Definitions”, is amended to include a definition as follows: GENDER IDENTITY OR EXPRESSION When ones perception of self is different from their assigned sex at birth. External appearance of one's gender identity, usually expressed through behavior, clothing, haircut or voice, and which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine. All provisions of Chapter 215 are amended so as to insert between all instances of the words “gender;” and “height;” the words “gender identity or expression;”. Section 4. Severability. Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance. Section 5. Effective Date. This ordinance shall take effect immediately upon publication as provided for in the City Charter. J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 4. Finance, Budget, and Appropriations .1 Authorization to Execute Contract with Department of State for Local Flood Hazard Analysis 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. J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 4. Finance, Budget, and Appropriations .2 Authorization to Amend Capital Project #818 (Stewart Avenue Bridge Painting Project) 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, additional $923,000 (80% Federal,15% State and 5% City share) Project funding 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 requiring no 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, 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 J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is 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. 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 Paining 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 J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 4. Finance, Budget, and Appropriations .3 Authorization to Amend Capital Project #802 (Cascadilla Creekway Project) 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 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 requiring no 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 from Capital 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 additional $90,000 funding for the Project, and WHEREAS, on September 12, 2016, Dormitory Authority of New York State (DASNY) awarded the City additional $250,000 funding to cover additional Project cost 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 $250,00 of DASNY funds, for a total project authorization of $1,090,000, and be it further J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 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 it is 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 it is 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 it is further RESOLVED, This Resolution shall take effect immediately. J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 4. Finance, Budget, and Appropriations .4 Authorization to Amend Capital Project #791 (Lake Street Bridge Rehabilitation Project) 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 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 1st, 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 increase of 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 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 has 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 J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 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 it is 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 it is 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 it is 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. J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 4. Finance, Budget, and Appropriations .5 Authorization to Execute Memorandum of Understanding for Funding and Performance of Forest Home Drive Project 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. J:\DRedsicker\AGENDAS\City Admin Comm\2016\11-16 - Agenda.docx 11/16/16 4. Finance, Budget, and Appropriations .6 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 A local law entitled the “City of Ithaca Local Law to Adopt a Restricted Sale Price Exemption for Housing Trust Homes under NYS Real Property Tax Law Section 467-j” 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.