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HomeMy WebLinkAbout05-03-17 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, May 3, 2017, 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 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Presentation of Results of Survey Conducted by City of Ithaca Youth Council on Ithaca Police Department and Community Relations 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: Superintendent of Public Works Office: 8.1 Approval of Taste of Thai Alcohol Permit Request – Resolution 8.2 Approval of Mahogany Grill Alcohol Permit Request – Resolution 8.3 Approval of Monk’s Restaurant (Marriott Hotel) Alcohol Permit Request – Resolution 8.4 Approval of Luna Restaurant Alcohol Permit Request - Resolution 8.5 Approval of Ithaca Ale House Alcohol Permit Request – Resolution City Administration Committee: 8.6 Human Resources - Establishment of Standard Work Day (SWD) and Reporting Resolution for Elected and Appointed Officials 8.7 Mayor - Authorization to Amend 2017 Budget to Include Grant for Art Program (GAP) - Resolution 8.8 Ithaca Fire Department (IFD) – Request to Amend 2017 Budget - Resolution 8.9 Finance/Controller’s Office – Authorization for Amendment to Personnel Roster – Resolution 8.10 Greater Ithaca Activities Center (GIAC) – Authorization to Amend 2017 Personnel Roster - Resolution 8.11 Greater Ithaca Activities Center (GIAC) – Authorization to Amend 2017 Personnel Roster - Resolution Common Council Meeting Agenda May 3, 2017 Page 2 8. CONSENT AGENDA ITEMS (Continued): 8.12 Greater Ithaca Activities Center (GIAC) – Authorization to Amend 2017 Personnel Roster - Resolution 8.13 Common Council - Support of Appointments to the Exploration of Community Choice Aggregation Committee – Resolution 8.14 Human Resources Department - Establishment of Promoted Acting Department Head and Department Head Salaries – Resolution 8.15 Department of Public Works (DPW) - Authorization to Use City Parkland for Mobile Vending - Resolution 8.16 Department of Public Works - Authorization for Funding for Watercraft Storage Shed in Stewart Park - Resolution 8.17 Finance/City Chamberlain – Request to Waive Penalty on Taxes - Resolution 9. CITY ADMINISTRATION COMMITTEE: 9.1 Planning, Building, Zoning, and Economic Development Department - Amendment to Personnel Roster - Resolution 9.2 Greater Ithaca Activities Center (GIAC) - Request for Contingency Fund Appropriation and Amendment of 2017 Budget - Resolution 9.3 North Aurora Street Bridge Replacement Project – Authorization for the Implementation, and Funding in the First Instance 100% of the Federal-Aid and State-Aid Eligible Costs, of a Federal-Aid and/or State-Aid Transportation Project, and Appropriating Funds Therefore - Resolution 9.4 Approval of Engineering Assessment of Alternatives to Reconnect Cornell Heights to City of Ithaca’s Water System - Resolution 9.5 Support of Co-Sponsorship of the Stewart Park Fourth of July Fireworks Display with the Rotary Club of Ithaca - Resolution 9.6 Support for Amendment to Power Purchase Agreement (PPA) with Tesla for Solar Farm - Resolution 9.7 City Controller’s Report 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Selection of Artists for Electrical Box Murals at Six Locations on the Commons – Resolution 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Alderperson Kerslick - Resolution Opposing Concealed Carry Reciprocity Act of 2017 Common Council Meeting Agenda May 3, 2017 Page 3 14. MAYOR’S APPOINTMENTS: 14.1 Appointments/Reappointments to Various City Boards and Committees – Resolution 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the March 1, 2017 Common Council Meeting Minutes - Resolution 18.1 Approval of the March 29, 2017 Common Council Committee of the Whole Meeting Minutes – Resolution 18.3 Approval of the April 5, 2017 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: April 27, 2017 8. CONSENT AGENDA ITEMS: Superintendent of Public Works Office: 8.1 Approval of Taste of Thai Alcohol Permit Request – Resolution WHEREAS, the City Clerk has received a request to allow the Taste of Thai Restaurant to utilize certain areas along the Primary Commons for outdoor dining; and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons; and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Taste of Thai Restaurant, including the responsible sale and consumption of alcohol, is desirable; and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2017, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Taste of Thai Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. 8.2 Approval of Mahogany Grill Alcohol Permit Request – Resolution WHEREAS, the City Clerk has received a request to allow the Mahogany Grill restaurant to utilize certain areas along Aurora Street for outdoor dining; and WHEREAS, this use of public property has been deemed proper and successful; and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining; and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons; and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Mahogany Grill Restaurant, including the responsible sale and consumption of alcohol, is desirable; and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2017, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Mahogany Grill Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. 8.3 Approval of Monk’s on The Commons Restaurant (Marriott Hotel) Alcohol Permit Request – Resolution WHEREAS, the Monk’s on The Commons Restaurant has requested permission to utilize certain areas along South Aurora Street for outdoor dining; and WHEREAS, this use of public property has been deemed proper and successful; and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining; and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Monk’s on The Commons Restaurant, including the responsible sale and consumption of alcohol, is desirable; and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2017, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Monk’s on The Commons Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. 8.4 Approval of Luna Restaurant Alcohol Permit Request – Resolution WHEREAS, the Luna Restaurant has requested permission to utilize certain areas along North Aurora Street for outdoor dining; and WHEREAS, this use of public property has been deemed proper and successful; and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining; and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Luna Restaurant, including the responsible sale and consumption of alcohol, is desirable; and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2017, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Luna Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. 8.5 Approval of Ithaca Ale House Alcohol Permit Request – Resolution WHEREAS, the Ithaca Ale House has requested permission to utilize certain areas along Aurora Street for outdoor dining; and WHEREAS, this use of public property has been deemed proper and successful; and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining; and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons; and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Ithaca Ale House, including the responsible sale and consumption of alcohol, is desirable; and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2017, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Ithaca Ale House that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. CONSENT AGENDA ITEMS - Continued: City Administration Committee: 8.6 Establishment of Standard Work Day (SWD) and Reporting Resolution for Elected and Appointed Officials RESOLVED, That the City of Ithaca hereby establishes the following standard workdays for the Mayor and Common Council and will report these officials to the New York State and Local Retirement System based on their record of activities: Name Svante L. Myrick, Mayor SWD 8 Term 1/1/16-12/31/19 Record of Activity 26.56 Cynthia Brock, Alderperson 6 1/1/16-12/31/17 20.75 George McGonigal, Alderperson 6 1/1/16-12/31/19 8.03 Joseph Murtagh, Alderperson 6 1/1/16-12/31/17 10.00 Stephen Smith, Alderperson 6 1/1/16-12/31/19 5.03 Standard Work Day and Reporting Resolution for Elected and Appointed Officials RS 2417-A (Rev. 8/15) Office of the New York State Comptroller New York State and Local Retirement System Employees’ Retirement System Police and Fire Retirement System 110 State Street, Albany, New York 12244-0001 SEE INSTRUCTIONS FOR COMPLETING FORM ON REVERSE SIDE BE IT RESOLVED, that the (Name of Employer) ____________________________________ / ____________ (Location Code) hereby establishes the following standard work days for these titles and will report the officials to the New York State and Local Retirement System based on their record of activities: Title Standard Work Day (Hrs/day) Min. 6 hrs Max. 8 hrs Name (First and Last) Social Security Number (Last 4 digits) Registration Number Tier 1 (Check only if member is in Tier 1) Current Term Begin & End Dates (mm/dd/yy- mm/dd/yy) Record of Activities Result* Not Submitted (Check only if official did not submit their Record of Activities) Elected Officials Appointed Officials I, (Name of secretary or clerk) ______________________________, secretary/clerk (Circle one) of the governing board of the ________________________________________ (Name of Employer) , of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such board at a legally convened meeting held on the ______ day of ________________, 20___ on file as part of the minutes of such meeting, and that same is a true copy thereof and the whole of such original. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the (Name of Employer) _______________________________________________________ on this ____ day of ___________, 20___, (Signature of the secretary or clerk) ____________________________________________________. Affidavit of Posting:I, (Name of secretary or clerk) _________________________________________, being duly sworn, deposes and says that the posting of the Resolution began on (Date) ___________________ and continued for at least 30 days. That the Resolution was available to the public on the Employer’s website at …_________________________________________________ …Official sign board at __________________________________________________ …Main entrance secretary or clerk’s office at _________________________________ (seal) Page ____ of ____ (for additional rows, attach a RS2417-B form). Standard Work Day and Reporting Resolution for Elected and Appointed Officials RS 2417-A (Rev. 8/15) Office of the New York State Comptroller New York State and Local Retirement System Employees’ Retirement System Police and Fire Retirement System 110 State Street, Albany, New York 12244-0001 SEE INSTRUCTIONS FOR COMPLETING FORM ON REVERSE SIDE BE IT RESOLVED, that the (Name of Employer) ____________________________________ / ____________ (Location Code) hereby establishes the following standard work days for these titles and will report the officials to the New York State and Local Retirement System based on their record of activities: Title Standard Work Day (Hrs/day) Min. 6 hrs Max. 8 hrs Name (First and Last) Social Security Number (Last 4 digits) Registration Number Tier 1 (Check only if member is in Tier 1) Current Term Begin & End Dates (mm/dd/yy- mm/dd/yy) Record of Activities Result* Not Submitted (Check only if official did not submit their Record of Activities) Elected Officials Appointed Officials I, (Name of secretary or clerk) ______________________________, secretary/clerk (Circle one) of the governing board of the ________________________________________ (Name of Employer) , of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such board at a legally convened meeting held on the ______ day of ________________, 20___ on file as part of the minutes of such meeting, and that same is a true copy thereof and the whole of such original. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the (Name of Employer) _______________________________________________________ on this ____ day of ___________, 20___, (Signature of the secretary or clerk) ____________________________________________________. Affidavit of Posting:I, (Name of secretary or clerk) _________________________________________, being duly sworn, deposes and says that the posting of the Resolution began on (Date) ___________________ and continued for at least 30 days. That the Resolution was available to the public on the Employer’s website at …_________________________________________________ …Official sign board at __________________________________________________ …Main entrance secretary or clerk’s office at _________________________________ (seal) Page ____ of ____ (for additional rows, attach a RS2417-B form). 8.7 Authorization to Amend 2017 Budget to Include Grant for Art Program (GAP) - Resolution WHEREAS, the City received a $2,100 grant from the Community Arts Partnership of Tompkins County, Inc. as part of their Grants for Arts Program; and WHEREAS, the $2,100 grant will allow a First Street Mosaic Project on First Street called “IthAque” to be completed; now, therefore be it RESOLVED, That Common Council hereby accepts the Community Arts Partnership Grant for the purposes of completing said Mosaic Project on First Street and amends the 2017 Authorized Budget as follows: Increase Revenue Account: A1012-2379 Community Services $2,100 Increase Appropriation Account: A1012-5435 Community Services Contracts $2,100 CONTRACT STRUCTIONS Read, sign & return I copy ofthis contract via snail mail to: Community Arts Partnership, 171 E. State/I\4LK Street, PMB 107, Ithaca, NY 14850. This contract must be signed by the President or Exec. Dir. of the APPLICANT agency, not the sponsored organization. A fully executed copy will be rehrmed with check. AIso mail the "Five GAP Grant Agreements", to be signed by the person responsible for administering the funded event. COMMUNITY PARTNERSHIP GAP Contract 2017 TIIIS AGREEMENT, made this 23 day of -'a<)o ,2017 , between COMMUNITY ARTS PARTNERSHIP OF TOMPKINS COIINTY, INC. "Grants for Arts Programs" Decentralization Furd, located at 171 E. State,/E. Martin Luther King Jr. Street, Ithaca, NY 14850, (hereinafter referred to as CAP), and City of Ithaca,Ithaca, NY (hereinafter referred to as YOII) WITNESSETII: The New York State Council on the Arts (NYSCA) has a program to permit selected regional regranting agencies to make decisions on applications for grants ofup to $5,000 for community art services. NYSCA has appointed CAP as such a regranting agency for Tompkins County; CA? received or will receive firnds from NYSCA to use in and to administer a program to buy such cultural services; YOU have presented to CAI a proposal for cultural services which YOU would like to provide urder this program; NOW, TITEREFORE, CAP AND YOU AGREE AS FOLLOWS: Services to Be Performed & Grant Amount YOU agree to perform the following cultural seryices according to the terms of this Agreement: Description: "IthAqua," l"t Street Mosaic Project on l't Street Award: $2,100 The award check is mailed to the applicant organization. Provide name and address for mailing: Period Covered: YOU will perform these services, no earlier than 1/1i 17 and finishing no later thair 12/31,117 , Cost Records: YOU will keep compiete accurate and up-to-date records of ali income and expenses connected with the services, While this Agreement is in force, and at any time within three years afler it ends, YOU will make these records availablo on request to CAP or any persons authorized by CAP for a review and audit. Ownership of Property: This grant does not fund purchases of equipment. New York Law Applies: This Agreement will be govemed by the laws of New York State. ARTS & Changes in Your Ability to Perform: a. YOU will inform CAP immediately in writing or via e-mail if there is any change in your ability to perform the services described above, including any change, in: the costs of services, the facts or estimates contained in the application, or your personnel. b. CAP can decide whether, in its judgment, YOU are capable because of these changes of Foviding any additional services beyond those which YOU agree to in this Agreement, whether YOU do not have to perform some of the services in this Agreement, or whether the total amount CAP pays YOU in this Agreement may be reduced. c. If CAP decides that the change will impair your ability to perform the services, CAP may end or terminate this Agreement and require a refund of tle granted funds. Agency; Third Parties; Assignment: a. YOU will not tell or claim to any person, goup, or entity that YOU are authorized to act as an agenl for CAP or NYSCA, and YOU will not borrow -ott"y or incur debis on behalf of these groups. b. Nothing in this Agreement gives or creates rights or claims for third parties that did not sign this Agreement. c. YOU will not assign this Agreement or transfer it, without first obtaining the written consentof CAP. , Condition of Agreement: It is a condition of this Agreement that CAP receive the full amount of funds from the State of New York Decentralization program as had been awarded to CAP for this fiscal year. ln the event that CAP does not receive the fulI amount of such firnds, CAP may rescind this Agreement or may pay to YOU such portion of the funds that CAP did receive, deterrnined in CAP's sole and absolute discretion. Termination or Ending of this Agreement: a. CAP can terminate this Agreement as provided in item "Changes in Your Ability to Perform" above and require refurn of grant funds. : b. In addition, CAP can end this Agreement if it decides that YOU: (i) have misrepresented any fact or given CAP any false or misleading information in your applicatiori, supporting materials, or reports; (ii) have used any of the funds paid to YOU under this Agreement for purposes other than the services; (iii) have failed to keep records or provide any records or reports which are required by CAP; (iv) have failed to comply with any other requirements of this Agreernent; (v) will be unable to perform satisfactorily all or any part of the services or reqirirements of this Agreement. c. In addition to ending this Agreement, CAP may decide not to pay YOU any of the funds which hate not yet been paid to you, or to require YOU to refund any payments which YOU have already received under this Agreement. CAP may require YOU to do any or all of these things. d. Also, if CAP decides that ending this Agreement is in the best interest of CAP, NYSCA or the State of New Yorh it may end the Agreement by giving YOU written notice. W'hat This Agreement Consists 0f: This Agreement includes the application and supporting materials, which YOU have submitted to CAP, and embodies the understanding between CAP and YOU. No promise or agreement,'which is not contained in this Agreement, will have any legal effect. No change in this Agreement will have any legal effect unless it is in writing and signed by CAP and YOU. Where YOU refers to the organization and more than one person, all recipients of proceeds, which means all recipients of funds under this agreement, shall be jointly and severally liable. Approval of this Agreement: The Agreement will be in effect and will be legally binding only when the Executive Director or Program Director of CAP signs it. IN WITNESS WIIEREOF. the narties hereto have executed this Asreement. OF TOMPKINS COUNTY, INC. Robin Program Director \(xlp Executive Director, or Print Name and Title: SIGN }TERE: Organizatiot DATE ( qfl4 vl a7/ana-r I 8.8 Ithaca Fire Department (IFD) – Request to Amend 2017 Budget - Resolution WHEREAS, in May of 2016, The Ithaca Fire Department received a Federal Emergency Management Assistance (FEMA) Assistance to Firefighters Grant to purchase a new breathing air compressor; and WHEREAS, the budgeted amount for the replacement of the breathing air compressor is fifty thousand dollars ($50,000); and WHEREAS, ten percent (10%) of the of the total cost of the breathing air compressor, estimated at four thousand five hundred forty-five dollars ($4,545), will be paid from the 2017 fire department operating budget; and WHEREAS, up to forty-five thousand four hundred and fifty-five dollars ($45,455) for the purchase of the breathing air compressor is funded through the Assistance to Firefighters Grant Program; now, therefore be it RESOLVED, That Common Council hereby amends the 2017 Fire Department Budget as follows: Increase Expenses: A3410-225 Equipment $ 45,455 Increase Revenues: A3410-4389 Public Safety $45,455 To: Common Council From: Tom Parsons, Fire Chief cc: Svante Myrick, Mayor Date: 4/3/2017 Re: Amendment to the 2017 Fire Department Budget In May of 2016, the Ithaca Fire Department was awarded an Assistance to Firefighters Grant from the Federal Emergency Management Agency to fund the purchase of a new breathing air co mpressor. The estimated cost of the compressor was $50,000, which the AFG Award would fund up to $45,455 for the purchase of the compressor. The resolution adjusts the 2017 budget to show the grant funding as revenue and adds the compressor as an expense in the operating budget. Ten percent of the total cost for the compressor is being funded out of the 2017 Fire Department Operating Budget. 8.9 Finance/Controller’s Office – Authorization for Amendment to Personnel Roster – Resolution WHEREAS, the Controller’s Office requests that the workweek for the Deputy Controller be reduced from 40 hours to 35 hours per week; now, therefore be it RESOLVED, That effective May 8, 2017, the workweek for the Deputy Controller position be and hereby is reduced from forty (40) hours/week to thirty-five (35) hours per week pursuant to the employee’s request; and, be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employee’s Retirement System, the standard workday for this position shall be established at seven (7) hours per day (thirty-five (35) hours per week). 8.10 Greater Ithaca Activities Center (GIAC) – Authorization to Amend 2017 Personnel Roster - Resolution WHEREAS, the Greater Ithaca Activities Center (GIAC) has proposed to add one (1) full time (40-hours) Administrative Coordinator to the roster; and WHEREAS, this position will provide an opportunity for GIAC to realign staff to meet its needs, particularly for financial management and payroll; and WHEREAS, GIAC’s Financial Clerk position has been vacant since November 2016 creating a huge void at GIAC; and WHEREAS, GIAC Administration sees the opportunity to reorganize staff with the skill sets to fulfill the duties of the Financial Clerk and other systems management needs within the organization; and WHEREAS, GIAC’s 2017 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) Administrative Coordinator (40 hours) Delete: GIAC Financial Clerk (25 hours) ; and, be it further RESOLVED, That said roster amendment will be made within the existing funds of the 2017 authorized GIAC budget. 8.11 Greater Ithaca Activities Center (GIAC) – Authorization to Amend 2017 Personnel Roster - Resolution WHEREAS, after careful deliberation and discussion with Human Resources, it was determined that the scope of responsibilities of the “My Brother’s Keeper Ithaca (MBKI)” manager is on the same level as a GIAC Deputy Director; and WHEREAS, this position has been reviewed and approved by the Civil Service Commission; and WHEREAS the roster amendment aligns with the program and staffing adjustments being made at GIAC that will best meet the department’s needs and ensure that all areas are covered; now, therefore be it RESOLVED, That the personnel roster of GIAC shall be amended as follows: Add: One (1) Deputy GIAC Director (40 hours) Delete: One (1) GIAC Program Administrator ; and, be it further RESOLVED, That said roster amendment will be made within the existing funds of the 2017 authorized GIAC budget with grant funds. 8.12 Greater Ithaca Activities Center (GIAC) – Authorization to Amend 2017 Personnel Roster - Resolution WHEREAS, the Greater Ithaca Activities Center (GIAC) has proposed to add one (1) full time (35-hours) GIAC Program Coordinator to the roster; and WHEREAS, this position will provide an opportunity for GIAC to realign staff to meet its needs, particularly in the Youth Division; and WHEREAS, GIAC’s Youth Division has expanded in scope of programs offered and number of participants served; and WHEREAS, coordination of this division has grown beyond the responsibility of a single person as multiple age groups and specialized programs are served during the afterschool hours and summer camp; and WHEREAS, GIAC’s Administration deemed it necessary to restructure staffing and programming to ensure maximum compliance with regulations and efficiency in program delivery; and WHEREAS, it is also necessary to balance the work load of staff as program needs, community needs, and state regulations change; and WHEREAS, GIAC’s 2017 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 Coordinator (35 hours) ; and, be it further RESOLVED, That said roster amendment will be made within the existing funds of the 2017 authorized GIAC budget. 8.13 Support of Appointments to the Exploration of Community Choice Aggregation Committee – Resolution WHEREAS, the City of Ithaca is interested in promoting energy efficiency and local renewable energy generation, and also in reducing energy costs for its residents; and WHEREAS, the New York State Public Service Commission, in April 2016, authorized the development of Community Choice Aggregation programs, that allows participating local governments to work together through a shared purchasing agreement to procure natural gas and/or electric energy supply on behalf of their residents and small businesses; and WHEREAS, Community Choice Aggregation (CCA) is a means to provide lower, more stable and predictable energy costs, while also promoting energy efficiency, local renewable energy development, and local job growth; and WHEREAS, residents and small businesses that are not interested in participating in CCA energy procurement are able to opt out; and WHEREAS, the Tompkins County Council of Governments (TCCOG) works to identify shared services and procurement opportunities to provide better service and lower costs to our residents; and WHEREAS, TCCOG has established a CCA Advisory Committee made up of elected/appointed officials plus community members to explore CCA and advise interested municipalities on CCA administrative and procurement models, and to search for and recommend a program administrator; and WHEREAS, participation in the TCCOG CCA Committee does not obligate the City of Ithaca to participate in CCA, (which requires passage of a local law), but rather indicates the City of Ithaca interest in exploring the option of CCA; now, therefore be it RESOLVED, That the Common Council selects Nick Goldsmith to serve on the TCCOG CCA Advisory Committee; and, be it further RESOLVED, That Common Council appoints Sarah Hess to serve on the TCCOG CCA Advisory Committee. FACT SHEET - FREQUENTLY ASKED QUESTIONS COMMUNITY CHOICE AGGREGATION What is Community Choice Aggregation? Community Choice Aggregation is a strategy that puts control of choosing energy supply in local hands. It is a municipal model for procuring energy that replaces the utility as the default supplier of electricity and/or natural gas for virtually all homes and businesses within a jurisdiction. By pooling demand, communities build the clout necessary to negotiate a fixed-rate, potentially lower pricing with private suppliers. Communities are also able to choose cleaner energy while developing distributed energy resources including local renewable energy projects and shared renewables such as community solar, energy efficiency, demand response, energy management, and microgrid projects. More than five million customers nationwide are served by Community Choice Aggregation programs in seven states: New York, California, Illinois, Massachusetts, Ohio, New Jersey, and Rhode Island. Which communities can participate in Community Choice Aggregation in New York State? All towns, cities, and villages are eligible to participate. If a community chooses to pursue Community Choice Aggregation, local government officials must hold a public hearing to discuss the opportunity, pass a local law authorizing the municipality’s participation, and communicate the details to their residents and small businesses. Who does the legwork for aggregating the customers and finding the right energy service providers? Community Choice Aggregation will often start with a local group, local nonprofit, or elected official(s) building interest within their communities. The next step is to select a Community Choice Aggregation Administrator to oversee and administer the aggregation program. The Administrator may be a municipality, local development corporation, nonprofit organization, private firm, or other third party. What is the role of the Community Choice Aggregation Administrator? The Administrator is the entity authorized to bid the total amount of electricity and/or natural gas being purchased by participating consumers. The Administrator is responsible for program organization, administration, procurement, and communications, unless otherwise specified. They also play a critical role in developing and implementing a strategy for incorporating distributed energy resources, including renewable energy and energy efficiency, into the Community Choice Aggregation program. Each participating municipality may sign an agreement with the Administrator for that Community Choice Aggregation. What types of customers may participate in Community Choice Aggregation? All customers of electricity and natural gas utilities are able to participate. However, depending on the utility provider, some commercial and industrial customers will have to opt-in rather than being included on an opt-out basis. The service classes that are eligible to be included on an opt- out basis are listed by utility in Appendix C of the New York Public Service Commission (PSC) Order on Community Choice Aggregation. Do any Community Choice Aggregation programs already exist in New York State? Yes. As of May 2016, more than 110,000 households and small businesses receive their electricity supply through Westchester Power, a Community Choice Aggregation consisting of 20 municipalities in Westchester County. Fourteen of the 20 participating municipalities have set the 100 percent renewable energy supply option as their default option for residents and small businesses. The rates they are paying for this green option are lower than their default rates were prior to Community Choice Aggregation. What about the local utility provider? Where do they fit in? The existing utilities continue to deliver reliable power, maintain power lines, and respond to service outages. They are required by law to provide the same customer service to all residents regardless of whether or not they are in the Community Choice Aggregation program. Customers will still receive only one bill each month, directly from the utility, that will reflect the change in supplier. What is the financial responsibility for participating municipalities? Administration and operation costs incurred by the Community Choice Aggregation program may be covered through an administration fee paid by customers per kilowatt-hour (kWh) or therm. This fee is negotiated with the energy service provider that will be selected during the Community Choice Aggregation Administrator’s competitive procurement process. The utility may charge additional fees for customer-related data. Is Community Choice Aggregation considered “green”? Depending on local needs and priorities, communities may elect to provide a 100 percent renewable energy product as the default supply mix. This choice will significantly increase the environmental benefits of the Community Choice Aggregation program, but may cost somewhat more than a nonrenewable product. Other Community Choice Aggregation programs may provide customers with power supply mix options. For example, a Community Choice Aggregation program may offer a basic option, a green option, or something in between. In this case, individual customers are given full discretion over which option they choose. In either case, the Community Choice Aggregation Administrator may seek prices for a range of product types and then decide which option is best to meet local needs. What are distributed energy resources and how can they be integrated into a Community Choice Aggregation program? Distributed energy recources are local renewable energy projects including shared renewables such as community solar, energy efficiency, demand response, energy management, and microgrid projects. These and other innovative initiatives under Reforming the Energy Vision (REV) optimize system benefits, target and address load pockets/profiles within the Community Choice Aggregation zone, and reduce cost of service for participating customers. The Community Choice Aggregation Administrator may seek a proposal that demonstrates a compelling plan to market and develop financed distributed energy recources to a wide segment of Community Choice Aggregation customers. Energy service companies (ESCOs) may form partnerships to provide a turnkey capacity to design, finance, build, operate, and maintain distributed energy recources facilities within the term of a proposed supply agreement, and plan to transition meaningful levels of Community Choice Aggregation to distributed energy recources within that time period. What is needed before implementing a Community Choice Aggregation program? The PSC Order on Community Choice Aggregation sets forth the requirements, terms, and conditions under which Community Choice Aggregation programs can proceed through implementation. The Order requires that a Community Choice Aggregation Implementation Plan, Data Protection Plan, and Local Law authorizations be filed with and approved by the PSC. Once these documents have been filed, the PSC will determine whether they comply with the requirements and issue an approval. A template for a Community Choice Aggregation Implementation Plan is included in NYSERDA’s Community Choice Aggregation Toolkit. Does my community need to pass a local law to enable Community Choice Aggregation? Yes. Each municipality intending to implement a Community Choice Aggregation program must pass legislation to exercise its Municipal Home Rule Law authority after holding a public hearing. A template for a Local Law is included in NYSERDA’s Community Choice Aggregation Toolkit . What is the purpose of a Community Choice Aggregation Implementation Plan? The Implementation Plan helps municipal officials, Community Choice Aggregation teams, NYSERDA, and the PSC clearly understand the goals, milestones, and deliverables. It also defines the roles and responsibilities of project partners as well as the Community Choice Aggregation’s approach to public engagement, outreach, and education. What is a Data Protection Plan? The Data Protection Plan describes how the Community Choice Aggregation Administrator will ensure the same level of consumer protections, including low-income customers, as currently provided by utilities and ESCOs. Utilities are developing a model Data Security Agreement to be approved by the PSC that will form the basis for these requirements. The Data Security Agreement is the standard agreement that all Community Choice Aggregations will have to sign with the distribution utility. Community Choice Aggregations must also file a Data Protection Plan, which will explain what steps will be taken to implement the agreement and otherwise protect personal data. How will account numbers and related information be kept confidential? The agreement between the participating municipalities, Community Choice Aggregation Administrator, and ESCOs will contain data security provisions for all parties to protect the privacy of account level data. How can communities join together to form a Community Choice Aggregation program? Cities, towns, and villages may wish to join together to pool demand and build market clout. In Community Choice Aggregation programs where one local government serves as the Administrator, other participating local governments may wish to enter into an Inter-Municipal Agreement with the municipal Administrator to create a Community Choice Aggregation program. Where the Administrator is a third party such as a nonprofit organization, private company, or local development corporation, municipalities may enter into a Memorandum of Understanding, contract, or other agreement with the Administrator to commit to participate in the program subject to certain terms and conditions. Templates for Memorandum of Understandings and Inter-Municipal Agreements are included in NYSERDA’s Community Choice Aggregation Toolkit. These documents are not required, but may be useful. How can Community Choice Aggregation Administrators procure the energy supply bid? Electricity and natural gas suppliers should be selected through a competitive procurement process, using an energy procurement request for proposals or bids. Each municipality participating in Community Choice Aggregation should designate a liaison who will review the draft request for proposals and provide input to the Community Choice Aggregation Administrator prior to publication. How are Community Choice Aggregation programs funded? The PSC authorized Community Choice Aggregation programs to collect a rate-based administration fee, which covers organization’s expenses for communications and outreach assistance, customer service, support to municipalities, and legal fees associated with managing the program. Will the same ESCO be used for both electric and natural gas procurement? Possibly. ESCOs may have the opportunity to submit bids for either or both, and the Community Choice Aggregation Administrator has the freedom to choose the same ESCO. However, the Administrator is not required to choose any ESCO if responses to request for proposals are not satisfactory. How much will I save? Even though Community Choice Aggregation programs are well positioned to achieve lower, fixed-rate electricity prices for participating consumers, savings are not guaranteed. That being said, the program may be designed so that it will not go forward unless the supplier’s price is less than last year’s utility price. However, there is no guarantee that the utility price will be lower than the Community Choice Aggregation price for the entire term of the Community Choice Aggregation’s supply contract. What if I don’t want to participate? Participation is up to you. Every customer that currently receives energy from their utility will be given full advanced notice of the program’s initiation and clear instructions on how they can opt-out. There will be online, phone, and mail (pre-paid postcard) options. Customers will have 30 days from the time they receive the opt-out notification. After that point, those customers that did not opt-out will be automatically migrated to the Community Choice Aggregation program. Will my taxes go up? No. Taxpayer or public funding is not needed to run a Community Choice Aggregation program. In fact, the New York State sales tax you pay on your monthly electric and gas bill should go down if you are participating. How will customers currently getting net metering credits be affected? Customers with rooftop solar will not be affected. If customers opt out after the contract has commenced, how will that affect their service? Service will not be interrupted. The account will be transferred back to the utility at the end of the following billing period. Will customers be informed at the end of the first contract that they may be switched to a new supplier, and then be given another chance to opt-out? Yes. All participating customers will receive notification of the change along with the new price and all of the opt-out methods. Is my community eligible for technical assistance and grant funding through NYSERDA’s Clean Energy Communities Program? In addition to providing tools, resources, and technical assistance, NYSERDA’s Clean Energy Communities Program provides recognition and grants of up to $250,000 to communities that complete four out of the 10 High Impact Actions. Community Choice Aggregation is one of the High Impact Actions. To demonstrate completion of this action, the applying jurisdiction must submit a copy of the adopted legislation authorizing the municipality’s participation in an opt-out Community Choice Aggregation program. In addition, the applying jurisdiction must submit a copy of an executed electric service agreement between the applying jurisdiction and an ESCO to supply electricity to participating customers on an opt- out basis that is a 100 percent renewable clean energy product mix produced in North America and certified by Green-e. Visit nyserda.ny.gov/cec for more information. For technical assistance to support the implementation of Community Choice Aggregation, municipal officials can email cec@nyserda.ny.gov with questions. CLG-CEC-faq-fs-1-v1 10/16 8.14 Human Resources Department - Establishment of Promoted Acting Department Head and Department Head Salaries - Resolution WHEREAS, in 2015, Common Council adopted the Management Compensation Plan; and WHEREAS, the newly adopted Management Compensation Plan did not include a procedure for providing a salary increase to an employee who is acting in a department head role, nor did it repeal the procedure established in 2009; and WHEREAS, the 2009 procedure for calculating a salary increase for an acting department head does not align with the 2015 procedure for calculating a salary increase for a newly appointed department head; now, therefore be it RESOLVED, That after acting in the role of a department head for thirty (30) days, a deputy department head shall be assigned to the lowest salary step for the department head position that results in a salary increase for the deputy; and, be it further RESOLVED, That if an employee other than a deputy department head is appointed to serve in an acting department head role, the employee shall immediately be assigned to the lowest salary step for the department head position that results in a salary increase for the employee; and, be it further RESOLVED, That an employee acting as a department head shall not be entitled to annual salary step increases for the acting title, but shall remain eligible for any step increases the employee would have otherwise received in the employee’s permanent title; provided, however, that if a step increase in the employee’s permanent title results in a higher salary than the employee’s current acting department head salary, the acting department head salary shall be recalculated as specified above; and, be it further RESOLVED, That employees who are promoted to or within the Managerial Compensation Plan shall be assigned to the lowest salary step that provides at least an eight (8%) percent increase in the employee’s base salary, with subsequent step movement occurring annually on the employee’s anniversary date in the current job title, until the employee reaches the maximum step, at which time step movement shall cease; and, be it further RESOLVED, That under no circumstances shall a managerial employee earn a salary greater than the maximum step for the employee’s position, or the position in which the employee is acting, whichever is higher. "An Equal Opportunity Employer with a commitment to workforce diversification." CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 OFFICE OF HUMAN RESOURCES / CIVIL SERVICE Telephone: 607 / 274-6539 Fax: 607 / 274-6574 E-mail: hrdept@cityofithaca.org To: Common Council From: Schelley Michell-Nunn, Director of Human Resources Date: April 5, 2017 Subj: Resolution Establishing Acting Department Head and Department Head Salaries Upon Promotion Please find attached a resolution repealing procedures establish in 2009 that are no longer consistent with the Management Compensation Plan adopted in 2015. This resolution provides a clear procedure for establishing the salary for an individual serving in an acting capacity and for individuals who receive a permanent promotion. Thank you. 8.15 Department of Public Works (DPW) - Authorization to Use City Parkland for Mobile Vending - Resolution WHEREAS, in 2014, Board of Public Works established a City Street Vending (Food Truck) policy, and revised the policy in 2015; and WHEREAS, among other locations, the Street Vending policy included several locations in Cass and Stewart Parks as shown on the attached Appendix A; and WHEREAS, pursuant to City Code Chapter 170 “Use of City Real Property,” any concessionary or other non-transitory use of City parkland requires a license; and WHEREAS, Section 170-5(G) vests in the Common Council the sole authority to grant approval of any license to make non-transitory use of City parkland; and WHEREAS, City Code Chapter 336 “Parks and Recreation” authorizes the Superintendent of Public Works to execute concession agreements within City parks; now, therefore be it RESOLVED, That Common Council finds that the proposed mobile vending concessions constitute a public recreation-related use of Stewart and Cass Parks, are not expected to significantly compromise the public’s ability to enjoy the parks as intended, and in fact are expected to enhance the overall quality of the parks’ appeal and benefit to the public by offering additional amenities in the park; and, be it further RESOLVED, That Common Council hereby authorizes the use of the locations shown in the attached Appendix A; and, be it further RESOLVED, That Common Council hereby authorizes the Superintendent of Public Works to advertise, now and in the future, the mobile vending concession locations, and select and license eligible vendors for such concessions at the locations authorized by this resolution; and, be it further RESOLVED, That as the City has not established a regular, fair-market fee for such seasonal use of its parkland, Council hereby authorizes the fee for this concessionary use of parkland to be established as set forth in Appendix A; and, be it further RESOLVED, That fees and seasonal dates for subsequent years shall be established by the Board of Public Works prior to January 31st of each year; and, be it further RESOLVED, That the Superintendent, upon the advice of the City Attorney, is authorized to issue a revocable license to each eligible vendor selected for mobile vending concessions containing standard terms and conditions with regard to liability insurance coverage, indemnification of the City, health and fire precautions, and other pertinent matters. Street Vending Policy Site #Location Vending Times # of Spots Fee Rate Zoning Var. Req'd 1A Stewart Park - near Boathouse Lunch, Dinner 2 Standard P-1 1B Stewart Park - Playground Lunch, Dinner 1 Standard P-1 1C Stewart Park - Concession Drive Lunch, Dinner 1 Standard P-1 1D Stewart Park - NE Corner Lunch, Dinner 2 Standard P-1 2 Pier Road - Newman Golf Course Breakfast, Lunch, Dinner 1 Standard P-1 3 N. Cayuga St. near IHS School Days - Dinner; Weekends - Breakfast, Lunch, Dinner 2 Standard P-1 4 Thurston Avenue Lunch, Dinner, Late Night 3 Premium R-3a X 5 Eddy St. @ Dryden Rd.Late Night 2 1 Premium U-1 6 Eddy St. @ E. Seneca St.Lunch, Dinner, Late Night 2 Premium R-3b X 7 College Avenue (200 Block)Lunch, Dinner, Late Night 1 Premium MU-1 8 Stewart Ave. near Williams Lunch, Dinner, Late Night 1 Premium R-3a X 9 Stewart Ave. near University Ave.Lunch, Dinner, Late Night 2 Premium U-1 10 Cornell St. near Belle Sherman Elementary School School Days - Dinner; Weekends - Breakfast, Lunch, Dinner 1 Standard R-1a ? 11 Marshall St. @ Thompson Park Lunch, Dinner 2 Standard P-1 X 12 N. Cayuga St. @ DeWitt Park Breakfast, Lunch, Dinner 2 Standard P-1 13 Court St. @ GIAC School Days - Dinner; Weekends - Breakfast, Lunch, Dinner 1 Standard P-1 X 14 Cascadilla St. @ Conway Park Lunch, Dinner 1 Standard P-1 X 15 Park Place @ Washington Park Lunch, Dinner 2 Standard P-1 X 16A W. State St. (300 Block)Lunch, Dinner, Late Night 1 Standard CBD-60 16B W. State St. (200 Block)Lunch, Dinner, Late Night 2 Standard CBD-60 16C W. State St. (100 Block)Late Night 1 Standard CBD-60 17 S. Geneva St. (100 Block)Late Night 1 Standard CBD-85 18 E. Green St. (100 Block)Breakfast, Lunch, Dinner, Late Night 2 Standard CBD-140 19 20 N. Titus Ave. (500 Block)Breakfast, Lunch, Dinner 2 Standard B-2a X 21 S. Titus Ave. @ Triangle Park Lunch, Dinner 2 Standard P-1 X 22 Wood St. Park Lunch, Dinner 2 Standard P-1 X 23 S. Plain St. @ Baker Park Lunch, Dinner 1 Standard P-1 X 24 Cherry Street Breakfast, Lunch, Dinner 2 Standard I-1 Approved & Proposed Vending Locations Attachment A Page 1 Street Vending Policy Site #Location Vending Times # of Spots Fee Rate Zoning Var. Req'd 25 Floral Ave. @ CWT Lunch, Dinner 1 Standard P-1 X 26 Park Rd. @ CWT Lunch, Dinner 1 Standard R-3a X 27 Taughannock Blvd.Late Night 1 Standard WF-2 28 West End Parking Lot Breakfast, Lunch, Dinner, Late Night 2 Standard WF-2 29 N. Tioga St.Lunch, Dinner, Late Night 1 Standard CBD-50 30A Cass Park - Children's Garden Lot Breakfast, Lunch, Dinner 2 Standard P-1 30B Cass Park - Babe Ruth Field Lot Breakfast, Lunch, Dinner 2 Standard P-1 30C Cass Park - Union Field Lot Breakfast, Lunch, Dinner 2 Standard P-1 30D Cass Park - Rink Lot Breakfast, Lunch, Dinner 2 Standard P-1 30E Cass Park - North Parking Lot Breakfast, Lunch, Dinner 2 Standard P-1 30F Cass Park - Northeast Parking Lot Breakfast, Lunch, Dinner 2 Standard P-1 Highlight = proposed vending sites Attachment A Page 2 8.16 Authorization for Funding for Watercraft Storage Shed in Stewart Park - Resolution WHEREAS, on March 2, 2016, Common Council approved four locations at Stewart Park and Cass Park for the purpose of non-motorized watercraft concessions, and during the summer months of 2016 a vendor was granted a license and operated a concession in Stewart Park near the Cascadilla Boat House location; and WHEREAS, the kayak and paddleboard rental concession proved to be a popular feature in Stewart Park supporting the public’s access to recreational opportunities on the water, but proved difficult to operate due to lack of overnight storage, to the point that the vendor will no longer operate without such a storage facility; and WHEREAS, in its 2016 submissions to Common Council, the Water Recreation Committee recommended an operations/storage building similar to the building used at Taughannock State Park, if needed, to help support concession operations; and WHEREAS, the Department of Public Works and Ithaca Youth Bureau have also expressed an interest in additional wintertime storage facilities for recreational equipment at Stewart Park; and WHEREAS, the cost of a shed that will support both summertime vendor operations and wintertime storage is estimated to be less than $10,000, which City staff are confident can be recouped over time through an increase in the concession fee based on the Pomeroy appraisal for square footage and increased concession revenue, of which the City receives 8 percent; and WHEREAS, in 2016, Common Council resolved that the concession constituted a public recreation-related use of parkland, and that the concession was expected to enhance the parks’ appeal and benefit to the public; now, therefore be it RESOLVED, That the Common Council finds that the installation of a multi-use shed as described above fosters the public’s ability to access recreational and athletic opportunities in Stewart Park, and thereby fulfills a valid park purpose; and, be it further RESOLVED, That Common Council authorize the transfer of up to $10,000 from Unrestricted Contingency to account A7111-5483 to purchase and install the operations/storage shed near the Cascadilla Boat House. 8.17 Finance – Chamberlain – Request to Waive Penalty on Taxes - Resolution WHEREAS, the owner of property at 205-207 W Yates Street and 327 & 329 W Court Street stated they sent in a check in the amount of $5,258.12 on January 19, 2017 for payment of the City and County taxes on the property; and WHEREAS, the check was never received by the Chamberlain’s Office; and WHEREAS, a replacement check has been sent and received by the Chamberlain’s Office for $5,258.12, but needs Common Council approval to accept the check and waive the penalty of $187.23; now, therefore be it RESOLVED, That the request to waive the penalty on the 2017 City of Ithaca, First Installment and Tompkins County Taxes for 205-207 W. Yates Street and 327 & 329 W. Court Street in the amount of $187.23 is hereby approved. Late Tax Pymt-Waive! Request4Ho Late Tax Pymt-Waiver Request-CH0 Deborah Whitney Sent: Frjday, Marctr 17,2017 5147 PM To: Steve Thayer; D€b Mohlenhoff; Donna Redsicker AttachmentsrcHo Late Tax Pymt Backup067.pdf (3 I4B) As a result of receiving our delinquent tax statement dated 31712017 and having a conversation with our office,4f of Fall Creek Rentals presented the attached. He claims he sent check #1355 in the amount of $5,258.12 on U7912077 for payment oF the City and County taxes for 205-07 W yates,327 & 329 W Court. Apparently this original check never reached us. Witi the sr'idence presented here, I took his replacement check #1361 for $5,258.12 and paid his taxes effective U3L|20L7, I told him per City Code, also athched, I had only the authority to give a pre-approval for this transaction; formal approval was to come from CA then Common Council. With this email, I ask this request b€ considered at the no(t CA meefing. Deborah Whitney City chamberlain 108 E Green St. Ithaca, NY 14850 dwhitney@cityofi thaca.org Ph: (607) 274-6583 Fax: (607) Z7Z-7348 "Disably 6 not a'brave strwgb' or 'co(ra€e h th€ face of a(ke6ty.' Dts3bfty b an art. Its anjgenbus $lay to tve." Nel Marcus (Aclor and pbyrMbhL centralfqule h ttE devebpment of dbabty culture) htes://mai l.ciryofi thaca.org/owa/?aFItem&FIpM.Notc&id=RgA... BACK-UP ITEM 8.17 lof 1 4ll4t20l7 Il:25 AM XiX.Tl, ?l:f '- iiii*rifij"' C1rrc Cod. 22O v.42 Uoifqn PaEa4r of valu. 10096 Ma*. check payable ,o Mail or Detver lo: Ciry of lthaca 108 E. Green Street Ithaca, NY, 14850 (@7) 2744s80 2017 Bill No: l0!7 S.q!drc!:4526 Thx Bill Cily of lthsca Ciry Chamb€rlair! Office Monday-friday 8:30 AM to 4:30 Closcd Wcckcnds dd Holidays r 90.mo.m Online: www. 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CITY ADMINISTRATION COMMITTEE: 9.1 Planning, Building, Zoning, and Economic Development Department - Amendment to Personnel Roster - Resolution WHEREAS, in anticipation of the future retirement of the Director of Planning and Development (within 5 years), the department recommends filling the vacant Deputy Director of Planning and Development position; and WHEREAS, a deputy would allow the current director to delegate responsibilities, affording more time to supervise and plan for the department and assist with the transition process by providing continuity upon the Director’s retirement; and WHEREAS, the new position of Zoning Administrator is being created to transition from the Director of Zoning Administration (retired January, 2017) to a supervisory position, able to take on certain responsibilities of the Director of Zoning Administration, specifically responsible for the enforcement, administration, compliance and maintenance of the City of Ithaca Zoning Ordinance and other applicable regulations related to the use and development of land, property and buildings within the City of Ithaca, overseeing a system to digitize and store all paper records and the automation of routine tasks as they relate to buildings and properties; now, therefore be it RESOLVED, That the Personnel Roster for the Department of Planning and Development be amended as follows: Add: One (1) Deputy Director of Planning and Development (40 hours) One (1) Zoning Administrator (40 hours) Delete: One (1) Director of Zoning Administration (40 hours) One (1) Housing and Land-use Supervisor (40 hours) ; and, be it further RESOLVED, That the position of Deputy Director of Planning and Development shall be assigned to the Management Compensation Plan at salary grade 8; and, be it further RESOLVED, That the position of Zoning Administrator shall be assigned to the City Executive Association bargaining unit at salary grade B; 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 both these positions shall be established at eight (8) hours per day, forty (40) hours per week; and, be it further RESOLVED, That funding for this roster change shall be derived from existing funds within the Department of Planning and Development’s budget. Jurisdiction: City of Ithaca Jurisdictional Class: Competitive Adopted: 02/08/83 Revised: 10/15/91, 05/19/97, 10/11/00, 02/22/17 DEPUTY DIRECTOR OF PLANNING AND DEVELOPMENT DISTINGUISHING FEATURES OF THE CLASS: This is an administrative position responsible for assisting the Director of Planning and Development with the general administration and supervision of the Planning Division, and for planning, developing, supervising and directly participating in economic development, community development, environmental review, land use, historic preservation, neighborhood preservation and site plan review strategies, programs, activities and projects for the City of Ithaca. The Deputy Director of Planning and Development serves as staff support to the Planning and Development Board and other boards and committees as assigned. The Deputy Director of Planning and Development serves as the Director of Planning and Development’s representative as assigned and may assume the Director of Planning and Development’s responsibilities in the Director’s absence. The work is performed under the general direction of the Director of Planning and Development with considerable leeway allowed for the exercise of independent professional judgment in planning, organizing and directing various projects. Direct supervision may be is exercised over professional and clerical employees. Does related work as required. TYPICAL WORK ACTIVITIES: Reviews and supervises major development proposals with public and private sector developers; Supervises and may prepare complex development plans and proposals, using understanding of state and local land use laws including site plan review, SEQRA, subdivision regulations, zoning and related laws and regulations in project review to further City's goals; Supervises and may prepare planning and development strategies, programs and projects for the City; works with Director to analyze and recommend alternative planning and development strategies to the Mayor, Common Council and the Planning and Development Board; Represents the City and may supervise other employees in negotiations and formulation of intermunicipal projects, programs and agreements; Assists the Director with departmental administration including establishment of work program, setting of priorities, supervision of employees, and general administrative duties; Prepares and supervises preparation of consultant contracts for various planning and environmental studies; solicits and evaluates proposals; acts as City representative during execution of contract; manages contracts and projects; Supervises and may participate in the preparation of applications for federal, state and other grants and represents the City in negotiations with granting agencies; Supervises and may prepare various planning and development studies including land use, neighborhood analyses, demographics, surveys, transportation planning and environmental studies; Coordinates departmental project review and comprehensive planning activities with other City departments; Acts as City or Departmental spokesperson in contact with the news media; Meets with public, elected and appointed officials on planning and development projects, programs and strategies, project reviews, intermunicipal agreements, consultant contract administration, etc.; Attends meetings of boards and committees as City representative in project review, grants and other related projects and programs; represents the City in discussions with developers, other municipalities, granting and reviewing agencies; Serves as the Director of Planning and Development in the Director’s absence and/or as assigned. Deputy Director of Planning and Development Page 2 FULL PERFORMANCE KNOWLEDGES, SKILLS, ABILITIES, PERSONAL CHARACTERISTICS: Thorough knowledge of the principles, practices, techniques and terminology involved in city and regional planning; thorough knowledge of zoning and subdivision principles and requirements, with an understanding of their legal basis and the administration of regulatory controls; thorough knowledge of the sociological, economic, environmental, engineering, design and research factors involved in City planning; thorough knowledge of the principles, practices and terminology of land use planning, neighborhood analysis, demographics, landscape architecture and environmental studies; thorough knowledge of current methods for collecting, analyzing and interpreting statistical data; thorough knowledge of research methods and techniques; ability to make professional judgments requiring advanced technical knowledge and skills; ability to communicate ideas and deal effectively with community groups and others; ability to prepare clear and accurate reports and to make oral and written presentations of ideas; ability to plan and supervise the work of others; ability to successfully work with and serve a diverse local community; physical condition commensurate with the demands of the position. MINIMUM QUALIFICATIONS: A. Graduation from a regionally accredited or New York State registered college or university with a Master's Degree in urban or regional planning, urban design, or economic development and five (5) years of full-time paid professional experience, or its part-time paid equivalent, in urban or regional planning or a closely related field; or B. Graduation from a regionally accredited or New York State registered college or university with a five year professional Bachelor's Degree in urban or regional planning and six (6) years of full-time paid professional experience, or its part-time paid equivalent, in urban or regional planning or a closely related field; or C. Graduation from a regionally accredited or New York State registered college or university with a Bachelor's Degree in urban or regional planning or a closely related field and eight (8) years of full- time paid professional experience, or its part-time paid equivalent, in urban or regional planning or a closely related field; or D. An equivalent combination of training and experience as defined by the limits of (A), (B) and (C) above. Jurisdiction: City of Ithaca Jurisdictional Class: Competitive Adopted: 02/22/17 ZONING ADMINISTRATOR DISTINGUISHING FEATURES OF THE CLASS: This is a professional position responsible for the daily administration and implementation of the City of Ithaca Zoning Ordinance and other applicable regulations related to the use and development of land, property and buildings within the City of Ithaca. The Zoning Administrator reviews building permit applications and development plans for zoning compliance, researches property information files and other City records, and makes determinations regarding compliance. The Zoning Administrator also provides information and technical assistance regarding City zoning regulations to citizens, property owners, builders, design professionals and City staff. The Zoning Administrator serves as the Secretary to the Board of Zoning Appeals and oversees the zoning appeals process. The Zoning Administrator is also responsible for managing and overseeing the property management database for both the Building and Planning Divisions. The work is performed under the general supervision of the Director of Planning and Development with considerable latitude allowed for the exercise of independent judgment. Supervision is exercised over technical and clerical staff. Does related work as required. TYPICAL WORK ACTIVITIES: Reviews site survey or construction plans submitted with building permit applications for compliance with district regulations and all other applicable zoning requirements; Reviews and discusses land-use implications of proposed development projects with departmental staff and developers; Answers inquiries regarding the zoning ordinance and discusses compliance issues with City officials, citizens, contractors, developers and design professionals; Works with developers to achieve project goals without the need for use or area variance from the Board of Zoning Appeals, within Zoning Ordinance guidelines; Coordinates resolution of land-use permitting issues with appropriate City staff members, departments and divisions; Researches property files and other municipal and county records to determine property’s legal zoning status and whether property is compliant with City Zoning Ordinance and New York State fire safety regulations; makes compliance determinations and issues Zoning Compliance Letters; Reviews and manages applications to the Board of Zoning Appeals; resolves application issues; determines property’s existing and proposed deviations from zoning requirem ents, writes legal notices and writes official result letters documenting the findings and decisions for each appeal heard by the Board of Zoning Appeals; Works with applicants for variances or appeals and guides them in preparing applications to the Board of Zoning Appeals; Acts as the Recording Secretary to the Board of Zoning Appeals, records and maintains hearing minutes, accepts and enters exhibits, monitors time allotments; Provides professional and technical advice and guidance to the Board of Zoning Appeals; Issues violation letters to owners whose property is in violation of the City’s Zoning Ordinance; Assists in preparing cases for prosecution and appears in court as necessary; Maintains zoning and planning records and makes reports of zoning and planning activities; Manages, develops, updates and oversees property management database; Trains staff in use of database; Supervises staff involved in maintaining property management database. Zoning Administrator Page 2 FULL PERFORMANCE KNOWLEDGES, SKILLS, ABILITIES, PERSONAL CHARACTERISTICS: Thorough knowledge of the City of Ithaca Zoning Ordinance, related land use laws, and the City’s Comprehensive Plan; thorough knowledge of the purposes, principles, practices and terminology of zoning and land use regulations, including an understanding of their legal basis; thorough knowledge of the procedures used by the City of Ithaca Board of Zoning Appeals; good knowledge of database and software management techniques; ability to understand and explain provisions of the zoning ordinance in clear, non-technical terms; ability to read and interpret building plans and specifications, construction drawings and site surveys; ability to read, understand and interpret complex written material, including codes, ordinances and case law; ability to communicate effectively, both orally and in writing; ability to establish and maintain effective working relationships with others; ability to successfully work with and serve a diverse local community; physical conditio n commensurate with the demands of the position. MINIMUM QUALIFICATIONS: A. Graduation from a regionally accredited or New York State registered college or university with a Bachelor's Degree in Urban or Regional Planning, Architecture, Urban Geography, Urban Policy, Engineering, Construction Management, Public Administration or a closely related field with similar course curriculum and five (5) years of full-time paid experience, or its part-time paid equivalent, in municipal code enforcement, municipal, community or regional planning, or architectural design; or B. Graduation from a regionally accredited or New York State registered college or university with a Bachelor's Degree and seven (7) years of full-time paid experience, or its part-time paid equivalent, in municipal code enforcement, municipal, community or regional planning, or architectural design. NOTE: A Master’s Degree, from a regionally accredited or New York State registered university, in Urban or Regional Planning, Architecture, Urban Geography, Urban Policy, Engineering, Construction Management, Public Administration or a closely related field with similar course curriculum may be substituted for two (2) years of the required work experience. 9.2 Greater Ithaca Activities Center (GIAC) - Request for Contingency Fund Appropriation and Amendment of 2017 Budget - Resolution WHEREAS, in September 2014, President Obama issued the My Brother’s Keeper (MBK) Community Challenge to municipalities across the country in order to address persistent opportunity gaps faced by boys and young men of color in the United States; and WHEREAS, the City of Ithaca accepted this challenge with great interest and a desire to help foster long term change within the community; and WHEREAS, Ithaca is one of 200 cities to accept the challenge so far; and WHEREAS, after some preliminary work on the program, Mayor Myrick asked GIAC to assume responsibilities for developing and implementing the My Brother’s Keeper Ithaca (MBKI) program; and WHEREAS, GIAC accepted this request in June 2016, and assigned coordination of MBKI to its Program Administrator as a temporary measure through December 2016 in order to leverage grants and other funding opportunities because having a designated MBK program coordinator is a necessary requirement of many of the funding streams; and WHEREAS, since June 2016, the amount of collaboration and activities done with MBKI was impressive enough to garner us an invitation to the final White House MBKI Summit under President Obama in December 2016; and WHEREAS, the program continues to move rapidly forward without any additional funding and is leaving a void in fulfilling the prior responsibilities of the GIAC Program Administrator; and WHEREAS, the City and the Ithaca City School District, in partnership, applied for and were recently awarded a New York State Education Department (NYSED) grant for MBKI; and WHEREAS, a budget for the MBKI program was developed, totaling $57,000 per year; and WHEREAS, it is likely that as the program continues to develop, additional grants and fundraising will further reduce the City’s contribution; and WHEREAS, during the budget review in 2016, GIAC Administration alerted Common Council that contingency funding could possibly be required to continue the program for 2017; now, therefore be it RESOLVED, That Common Council hereby amends the 2017 Authorized GIAC Budget to account for a nine (9) month MBKI program budget as follows: Increase Revenue Accounts: A7311-2070-1159 Donations $11,600 A7311-3820-1159 State Aid 30,763 $42,363 Increase Appropriation Accounts: A7311-5105 Administration $10,000 A7311-5110 Staff 5,000 A7311-5115 Hourly P/T 9,250 A7311-5125 Overtime 750 A7311-5425 Office Expense 225 A7311-5430 Fees 450 A7311-5435 Contracts 1,125 A7311-5445 Travel 4,500 A7311-5460 Program Surplus 3,700 A7311-9010 Retirement 4,700 A7311-9030 FICA/Medicare 1,913 A7311-9040 Workers Comp 750 $42,363 ; and, be it further RESOLVED, That the City of Ithaca accepts and commits to funding MBKI in the amount of $57,000 per year. MY BROTHER’S KEEPER ITHACA (MBKI) OVERVIEW In September 2014, President Obama issued the My Brother’s Keeper (MBK) Community Challenge to municipalities across the country in order to address persistent opportunity gaps faced by boys and young men of color. Ithaca accepted this challenge with great interest and desire to help foster long term change within the community and be a leader for the nation and communities similar to the City of Ithaca. Ithaca is one of 200 cities to accept the challenge so far. The MBK Community Challenge seeks to foster communities nationwide to implement a “coherent cradle-to-college-and- career strategy for improving the life outcomes of all young people to ensure that they can reach their full potential” without regard to race, gender, or socioeconomic status, etc. This document will provide an overview of how the City of Ithaca will develop and support the MBK Ithaca Initiative (MBKI). The City, through the Greater Ithaca Activities Center Department (GIAC), will be the umbrella organization to bring groups together, design the MBKI plan, as well as manage the initiative once the plan is created. Steps:  The City of Ithaca will create an MBKI Director position that will be placed under the supervision of the Greater Ithaca Activities Center Director o This process was started in June of 2016.  The MBKI Director will create, implement, and manage the MBKI  The MBKI population o The MBKI primary focus will be youth and young adults of color from middle school age through 26 years old. MBKI will over time extend the umbrella to programs that work with the younger populations. o MBKI understands that the primary focus of My Brother’s Keeper is young men of color; however, we feel that in order for change to take place we must also work with and support our young ladies, as well as boys and girls younger than middle school age.  Approach to developing Ithaca’s MBKI o We are establishing five Pillar Teams that will focus on five key areas. Each team will have a chairperson who will bring the appropriate people to the table to form their respective team. Teams are responsible for developing a strategic action plans that will address the following: what programs currently exist and how those programs need to be tweaked or better supported in order to meet the MBKI population’s needs; what populations are not being served; what needs to change or be created in order to engage the target population; and what does not exist that needs to be created to increase success and desired outcomes for the MBKI population. Each team will look at data and assumptions. o Pillars and progress  In July of 2016 we had an initial convening of interested folks to take a look at these pillar areas. Several folks committed to leading a pillar and volunteering to work on others. The five Pillars are:  Mentoring  We have been working closely with a Cornell University alumnus who is putting together an initiative called Hope Saturdays, which will be a large part of our mentoring program. The goal of Hope Saturdays is to move from structural despair to structural hope. The focus for this racial justice initiative is at-risk students identified by the school district. They will be spending time away from their daily circumstances and instead on the Cornell campus or on field trips. They will be guided by volunteers from Ithaca-area faith-based and community-based organizations as well as by Cornell students and faculty who will assess/equip them with better academic skills. Just as importantly, the mentors will help to create experiences that generate hope for a future as part of the American mainstream instead of being destined for mass incarceration and other social ills. The Hope Saturdays’ strategy would focus on preventative intervention emphasizing three distinct yet interrelated features: early intervention; holistic intervention; hope-driven intervention.  Programming & Recreation  In late February we are planning a summit with several folks in the area who are currently involved in providing non-scholastic recreation programs for young people who fall into the MBKI population. We will capture what exists, what is needed and what has worked in the past that achieved successful outcomes.  Employment/Training/Entrepreneurship  This past January a grant was submitted to create an alternative energy work program that should lead 18 to 30 young men and women into career job placements over the course of the grant. We are now looking at what employers we can recruit to hire folks as they graduate from this program. Having the Mayor on board is key, both for developing City employment opportunities and for his influence with local employers.  Discussions have started with some of the largest teen employers. A gathering of key teen/young adult employers has already occurred. By mid-March we will have had a jobs summit. Suki Tabor, the Deputy Director from the City of Ithaca’s Youth Bureau, is chairing this Pillar.  Education  The Education Pillar is being led by Dr. Luvelle Brown. In August, MBKI in partnership with ICSD submitted a grant to New York’s My Brother Keeper’s initiative for our school district, community-based organizations, and other groups to improve family engagement efforts in local communities. This grant sets up key partnership between the City of Ithaca and the Ithaca City School District to utilize a shared MBK Director to engage over ten community partners in the first year through mini grants to do much of this work with the school district.  The Early Childhood Development Collaborative (ECDC) has done a great deal of work around early childhood. MBKI is working to support their work through grant opportunities and networking. One of the hopes is to bring a learning academy to GIAC for three- and four-year olds. Conversations, research, and exploratory efforts have already begun in this area.  We are in the investigative stage of looking at developing a Leadership Academy for three- and four-year olds as well as a drop in day care center for parents involved in work programs.  Policy/Data collection  The ICSD’s latest equity report card has been published: (https://sites.google.com/icsd.k12.ny.us/erc/home). This work was completed in collaboration between the Equity and Inclusion Leadership Council (EILC) and the district. The data from this document will provide MBKI with valuable information for K-12 students over the last five years. This data will help inform areas of need to be fulfilled by the other pillars. We also have identified seven principal stakeholders for MBKI, and we have commitments from all:  Ithaca City School District  Ithaca Youth Bureau (IYB)  Cornell University  County Youth Services, Tompkins County  Cradle to Careers  A Call To Men  MBKI This list is not an exhaustive list of all community organizations that will be involved in the completion of the challenge; it represents the current principal stakeholders. Other significant highlights of MBKI  In October and November 2016: the MBKI Director participated in several train-the-trainer conferences in Albany around poverty and oppression;  In November 2016: the MBKI Director was asked to join the NYS MBK Advisory Council;  December 13-14, 2016: the MBKI Director and GIAC Director were invited to and attended the final MBK Summit at the White House under President Obama and the White House MBK Team;  February 2017: the MBKI Director and two Ithaca teens participated in New York State’s first MBK summit. The teens served on a youth panel representing Ithaca;  The MBKI Director will co-facilitate with a member of IPD a community engagement curriculum between high school government class students and police officers. 9.3 North Aurora Street Bridge Replacement Project – Authorization for the Implementation, and Funding in the First Instance 100% of the Federal-Aid and State-Aid Eligible Costs, of a Federal-Aid and/or State-Aid Transportation Project, and Appropriating Funds Therefore - Resolution WHEREAS, Sponsor will design, let and construct the “project”; and WHEREAS, a Project for the N Aurora St. over Cascadilla Creek Bridge Replacement, P.I.N. 375423 (the “Project”) is eligible for funding under Title 23 U.S. Code , as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 95% Federal funds and 5% non-Federal funds; and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-Federal share of Design, Construction and Inspection; and WHEREAS, as part of the approved 2016 budget, Common Council established Capital Project #826 and authorized $214,000 funding for the Project; and WHEREAS, On January 13, 2017, additional $1,178,000 (95% of $1,240,000) of BRIDGE NY funding was made available by New York State Department of Transportation for Project; now, therefore be it RESOLVED, That the City of Ithaca Common Council hereby approves the above- subject project; and, be it further RESOLVED, That the City of Ithaca Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of all work for the Project or portions thereof; and, be it further RESOLVED, That the City of Ithaca Common Council hereby agrees that the City of Ithaca shall be responsible for all cost of the Project which exceed the amount of the BRIDGE NY funding awarded to the City of Ithaca; and, be it further RESOLVED, That the City of Ithaca Common Council hereby amends CP#826 to add $1,178,000 for a total of $1,392,000; 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 5% of project costs up to a total project cost of $1,240,000 and 100% of additional costs thereafter; and, be it further RESOLVED, That funds needed for said amendment shall be derived from serial bonds, with understanding that these funds are available to the Project and that the final cost to the City will be $214,000; and, be it further RESOLVED, That in the event of full federal and non-federal share cost of the project exceeds the amount appropriated above, 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 City of Ithaca hereby agrees that construction of the Project shall begin no later than eighteen (18) months after award and that the project shall be completed within three years of commencing construction; and, be it further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements and the Superintendent of Public Works is hereby authorized to execute all the necessary Certifications or reimbursement requests for Federal Aid and /or State-Aid 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. 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: April 7, 2017 RE: N Aurora St Bridge Project, CP#826 Please find attached a resolution seeking Common Council authorization to amend project budget for N Aurora St Bridge Project (CP#826) to pay in the first instance 100% of the Federal and non-Federal share of the subject project cost. Common Council already authorized $210,000 for the project as part of the 2016 capital budget. And, on January 13, 2017, additional $1,178, 000 in federal funding for the project was made available by the New York State Department of Transportation’s BRIDGE NY program, which is a competitive statewide bridge and culvert funding opportunity. The City of Ithaca will be reimbursed for 95% of eligible project cost up to $1,240, 000, and any additional cost after that up to the total authorization will be the City’s responsibility. The project will accomplish the replacement/rehabilitation of the existing North Aurora St Bridge over Cascadilla Creek to eliminate all structural deficiencies, the current 15 Ton Load posting, and the potential for a failure due to scour. If you have any questions, please call me @ 607-274-6530 or email me agebre@cityofithaca.org cc: Tim Logue, Director of Engineering Services 9.4 Approval of Engineering Assessment of Alternatives to Reconnect Cornell Heights to City of Ithaca’s Water System - Resolution WHEREAS, the Cornell Heights neighborhood, roughly the area north of University Avenue, has been served by water supplied by the Cornell Water Filtration Plant since 1993; and WHEREAS, this arrangement was implemented at Cornell’s request to enable them to utilize the City’s water main running through campus, down East Avenue, which had supplied Cornell Heights up to that time; and WHEREAS, in the original letter of understanding, Cornell and the City agreed that the City would supply an equal volume of water to Cornell at one of several possible locations on their campus to offset the water supplied by Cornell; that there would be little to no financial exchange for the arrangement; that Cornell Heights water users would remain City customers and would continue to be billed by the City; and that Cornell water users would continue to be billed by Cornell; and WHEREAS, the original letter of understanding was never converted to a formal legal agreement, but the water system changes were made immediately; and WHEREAS, the City saw and continues to see some benefits from this arrangement, including higher water pressures in Cornell Heights, which provide better fire protection; and WHEREAS, the City supplied the West Campus area of Cornell from Stewart Avenue for some period of time during the initial years of this arrangement, but the City’s water pressure and fire flow were eventually deemed unacceptable, and West Campus was switched back to Cornell’s water system in 1996; and WHEREAS, the City has more than enough capacity at its newly constructed water treatment plant to supply the required quantity of water; and WHEREAS, the City has been and remains willing to supply water to Cornell to offset the water supplied to Cornell Heights, but Cornell has heretofore not provided the City with an alternative location for the delivery of water; and WHEREAS, the City has offered and remains willing to pay Cornell the marginal cost of producing that amount of water, since the City sees minor savings in chemical and electricity costs by not treating and pumping that volume of water; and WHEREAS, Cornell has instead requested that the City pay a rate discounted by 45% from the their retail price for water, a rate approximately ten times higher than the City’s marginal cost of water; and WHEREAS, Cornell wishes to pursue the option of switching Cornell Heights back to the City’s water system, but the original water main down East Avenue is no longer available, and therefore a new connection will have to be planned and constructed; and WHEREAS, the City is also interested in exploring the option of reconnecting the City’s water supply to West Campus, to allow the exchange of water to occur as originally conceived; and WHEREAS, the City has received from O’Brien and Gere a proposal to evaluate, for feasibility and cost, seven different alternatives for reconnecting Cornell Heights to the City’s water system and one option for serving West Campus; and WHEREAS, this evaluation will cost $26,000, an amount the City is willing to pay, in partial recognition of the marginal water savings from not supplying Cornell with an offsetting amount of water since 1996; now, therefore be it RESOLVED, That Common Council hereby authorizes the expenditure, in an amount not to exceed $26,000, to be derived from existing funds in Capital Reserve #16 Water Sources Development for the purposes of evaluating costs for the reconnection of Cornell Heights to the City’s water system. 333 West Washington Street, PO Box 4873 Syracuse, NY 13221-4873 p 315-956-6100 f 315-463-7554 OBG www.obg.com April 3, 2017 Mr. Michael J. Thorne, P.E. Superintendent of Public Works City of Ithaca Department of Public Works 108 E. Green Street, Room 203 Ithaca, NY 14850 RE: Cornell Heights Water Supply Study FILE: 1598/44681 Dear Michael: O’Brien & Gere Engineers, Inc. (OBG) is pleased to provide the City of Ithaca (City) with this proposal to evaluate alternatives to restore the City’s ability to supply water to the Cornell Heights Service Area. This proposal is based on our December 19, 2016 meeting and your email on March 31, 2017. To facilitate your review, this proposal is organized as follows: Project Understanding Scope of Services Schedule Fee and Terms Clarifications and Assumptions PROJECT UNDERSTANDING Cornell University (Cornell) has produced the water delivered to City customers in the Cornell Heights Service Area since the early 1990’s based on an informal water exchange agreement. The agreement gave use to Cornell of the 12” water main along East Avenue, which the City had previously used to supply Cornell Heights. In the mid-1990s, new buildings were constructed on the Cornell campus which required higher water pressures than previously, pressures that could be supplied by Cornell’s system, but not the City’s system. This has created a water exchange imbalance for the past 20+ years. The imbalance has remained in place because modifications to the East Avenue water main by Cornell preclude the City from providing water to Cornell Heights, as was done prior to the water exchange agreement. In the interest in correcting the imbalance, the City of Ithaca has requested that OBG provide a proposal to complete a technical and cost feasibility evaluation of alternatives to either: Re-establish the City’s ability to supply water directly to the Cornell Heights Service Area, or Supply an equivalent volume of water for general use by Cornell or Bolton Point. OBG | THERE’S A WAY April 3, 2017 © 2015. ALL RIGHTS RESERVED | 2 I:\Ithaca-C.1598\BD\44681 Cornell Heights Water Supply Study\Cornell Heights Water Supply Study Final Proposal_Rev01.docx Important secondary goals will be to identify alternatives to address the lower water pressure that would result from switching Cornell Heights from the Cornell system back to the City’s East Hill pressure zone and to improve the ability for the City and Cornell to exchange water in the event of a drought or water emergency. OBG will prepare a letter report, which will include a conceptual pipeline route description and figure for each alternative and a summary of known unique features that would drive the cost of implementation. The conceptual pipeline route evaluations will be based on existing available mapping only and will not involve subsurface investigations or field inspections. Cost estimates will be prepared based on the conceptual routing with the objective of providing sufficient detail for preliminary planning and comparing alternatives. The alternatives selected for evaluation include: Alternative One – This alternative will include the construction of a new 12” water main beginning at the intersection of College Ave. and Oak Ave. and generally following the route of the original City pipeline along East Ave., terminating with a connection to the Cornell Heights Service Area at Thurston Ave. Alternative Two – This alternative will include the construction of a new 12” water main beginning at the intersection of College Ave. and Oak Ave., following College Ave. to Campus Rd., then crossing the area known as the Libe Slope near West Ave., and terminating with a connection to the Cornell Heights Service Area at Thurston Ave. The crossing of the Libe Slope area will be priced based on the use of directional drilling to install the pipeline. Alterative Three – This alternative would include the construction of a new 12” water main beginning at the intersection of Dryden Rd. and Eddy Street and generally following Stewart Ave., and terminating with a connection to the Cornell Heights Service Area near the intersection of Highland Ave. and Thurston Ave. Alternative Four – This alternative is a hybrid of Alternatives Two and Three and will include the construction of a new 12” water main beginning at the intersection of College Ave. and Oak Ave., following Central Ave. to Campus Rd. to Stewart Ave., and terminating with a connection to the Cornell Heights Service Area near the intersection of Highland Ave. and Thurston Ave. Alternative Five – This alternative is a hybrid of Alternatives Two and Three and will include the construction of a new 12” water main beginning at the intersection of Dryden Rd. and Eddy Street and following Stewart Ave. to Campus Rd., then crossing the Libe slope near West Ave. and terminating with a connection to the Cornell Heights Service Area at Thurston Ave. The crossing of the Libe Slope area will be priced based on the use of directional drilling to install the pipeline. Alternative Six – This alternative will be based on a three-way water exchange whereby Cornell would continue to supply water to the City’s customers in Cornell Heights (estimated to be 120,000 gallons per day), Bolton Point would supply an equivalent amount to Cornell through the existing North Campus connection, and the City would supply an equal amount to Bolton Point through the existing Oakwood Lane Pumping Station. Alternative Seven – This alternative will be based on a three-way water exchange whereby Cornell would continue to supply water to the City’s customers in Cornell Heights (estimated to be 120,000 gallons per day), Bolton Point would supply an equivalent amount to Cornell through the existing north campus connection and the City would supply an equal amount to Bolton Point through the City’s existing interconnection building on Water Street. This alternative would require the construction of a new pressure reducing station in the Bolton Point transmission main between the Pine Tree control valve and the City’s interconnection building to reduce the pressure gradient in the T-Main to match the gradient in the City’s East Ithaca Service Area and Cornell’s Zone 1. OBG | THERE’S A WAY April 3, 2017 © 2015. ALL RIGHTS RESERVED | 3 I:\Ithaca-C.1598\BD\44681 Cornell Heights Water Supply Study\Cornell Heights Water Supply Study Final Proposal_Rev01.docx Alternative Eight -This alternative will be based on the City supplying West Campus per the original water exchange agreement. The City will provide a copy of the water exchange agreement to be used to formulate this alternative. This alternative will be evaluated in conjunction with delivery pressure alternative A as discussed below. In addition to the delivery alternatives described above, OBG will evaluate two alternatives for addressing the lower water pressure that will result in Cornell Heights once this service area is switched back to the City’s East Hill pressure zone: Alternative A - This alternative will include replacement of the aging 12” water mains along Dryden Rd./Maple Ave. and replacement of the Maple Ave. ground storage tank with an elevated tank having a high operating level of 984 feet. This evaluation will assume that the tank will either be replaced in its current location or on adjacent land acquired from Cornell University. The limits of the pipeline replacement along Dryden Rd./Maple Ave. will be from Eddy Street to the Maple Ave. Tank, excluding the recently replaced section between College Ave. and Linden Ave. A section of 12” water main on College Ave., from Dryden Road to Oak Ave., and a bi-directional billing meter will also be included to facilitate direct water exchanges between the City and Cornell water distribution systems. Alternative B – This alternative recognizes that Cornell Heights was adequately served by the lower water pressure from the City’s East Hill pressure zone prior to the water exchange agreement. It also recognizes that modifications will be required to fire sprinkler systems installed in buildings after Cornell began providing higher pressure water to Cornell Heights. This alternative will identify the number of fire suppression systems that will need to be modified, and an approximate cost to modify an average system. SCOPE OF SERVICES OBG will review the digital utility mapping provided by the City to develop conceptual pipeline routing for each alternative as well as a conceptual site plan for the proposed Maple Ave. elevated storage tank. OBG will use the mapping provided to identify major cost drivers such as existing utility congestion, bridge crossings, traffic control, etc. OBG will develop conceptual level cost estimates based on the proposed routing to provide sufficient detail for preliminary planning purposes and comparing alternatives. Estimates will use a combination of construction costs from similar City projects as well as input from vendors and contractors. OBG will prepare draft and final versions of a letter report. The report will include a conceptual pipeline route description and figure for each alternative, conceptual cost estimates, and recommendations for the next steps needed for the implementation of the preferred alternative. Meetings: » OBG will conduct a meeting with project stakeholder’s and City staff to review the conceptual pipeline routes and discuss major cost drivers and key implementation considerations. This meeting will be held prior to issuing the draft report. » OBG will present the findings of the evaluation and draft report and discuss next steps to the Board of Public Works and discuss the next steps towards the implementation of an alternative. The report will be finalized based on consolidated comments received from the City after this meeting. SCHEDULE OBG proposes to complete its evaluation and be prepared to present our findings and draft report to the Board of Public Works within six weeks of authorization. OBG | THERE’S A WAY April 3, 2017 © 2015. ALL RIGHTS RESERVED | 4 I:\Ithaca-C.1598\BD\44681 Cornell Heights Water Supply Study\Cornell Heights Water Supply Study Final Proposal_Rev01.docx FEE AND TERMS OBG will perform the services described in this proposal for a not-to-exceed fee of $26,000. Services will be invoiced at Salary Cost times a multiplier of 2.3 consistent with other office based services we have performed for the City. CLARIFICATIONS AND ASSUMPTIONS This proposal does not include an assessment of distribution system water quality. Cornell has indicated that long-term distribution system water quality issues including corrosion control and disinfection byproducts will need to be evaluated prior to the implementation of an alternative. Cost estimates will be limited to construction related costs and will not include costs associated with land acquisitions, agency and regulatory approvals, engineering support, etc. The City will supply an estimate of the number of existing buildings requiring fire suppression system upgrades and the estimated average cost per building for use in the evaluation of alternatives. If this proposal is acceptable, please countersign and return a copy of the proposal to signify acceptance and serve as authorization for OBG to proceed. We appreciate the opportunity to provide engineering services to the City of Ithaca. Should you have questions regarding this proposal, please contact me at (315) 956-6471 or via email at Rick.Gell@obg.com. Very truly yours, O’BRIEN & GERE ENGINEERS, INC. Richard E. Gell, P.E. Senior Managing Engineer cc: Erik Whitney, P.E. Robert C. Ganley, P.E. I:\Ithaca-C.1598\BD\44681 Cornell Heights Water Supply Study\Cornell Heights Water Supply Study Final Proposal_Rev01.docx 9.5 Support of Co-Sponsorship of the Stewart Park Fourth of July Fireworks Display with the Rotary Club of Ithaca - Resolution WHEREAS, the City wishes to continue the tradition of hosting fireworks in Stewart Park for the community to enjoy and celebrate the Fourth of July; and WHEREAS, the Rotary Club has expressed interest in developing the fireworks into an annual event in Stewart and Cass Parks as a co-sponsor with the City; and WHEREAS, the City would provide traditional municipal services and the Rotary Club would plan and fund the event details in coordination with the City’s existing special event process; and WHEREAS, City staff and Rotary Club representatives have discussed the division of responsibilities and will memorialize such in a memorandum of understanding with an anticipated event date of early July each year; and WHEREAS, as co-sponsor of the fireworks display event, the Rotary Club of Ithaca would commit to funding the cost of fireworks, concessions, vendors, entertainment, traffic and safety measures and sanitary amenities; and WHEREAS, as co-sponsor of the fireworks display event, the City would commit to contracting for the fireworks display and providing City insurance coverage, equipment, facilities and staff time of the Ithaca Police Department, Fire Department, Department of Public Works, Youth Bureau, and any other relevant City department to support the event at no cost to the Rotary Club; now, therefore be it RESOLVED, That Common Council supports the City’s co-sponsorship of the fireworks event and authorizes the City to provide in kind services at no charge to service the event; and, be it further RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized to execute a memorandum of understanding with the Rotary Club to co-sponsor the event and memorialize the roles and responsibilities with respect to the fireworks event. ROTARY CLUB OF ITHACA AND CITY OF ITHACA MEMORANDUM OF UNDERSTANDING THIS AGREEMENT, among: • The CITY OF ITHACA, a municipal corporation in the State of New York, with offices at 108 E. Green Street, Ithaca, New York 14850, hereinafter the “City,” • ROTARY CLUB OF ITHACA, constituting a constituent member club of Rotary International of Evanston, Illinois with a mailing address for purposes of this agreement of c/o Dale Johnson, 391 Teton Ct, Ithaca, New York 14850, hereinafter “Rotary Club,” WITNESSETH THAT: WHEREAS, the CITY wishes to continue its tradition of hosting fireworks in Stewart Park for the community to enjoy and celebrate the Fourth of July; and WHEREAS, the Rotary Club has expressed interest in developing the fireworks into an annual event in Stewart and Cass Parks; therefore IN CONSIDERATION OF the promises, covenants and agreements contained herein, the parties hereby agree as follows: 1. By executing this agreement the parties intend to affirm the public/private partnership between the City and Rotary Club to co-sponsor a Fourth of July fireworks celebration in Stewart and Cass Parks (hereinafter, the “Event”), and to provide structure and process to define how the parties will work together to co-sponsor the Event. 2. The parties acknowledge and understand that, as owner of Stewart and Cass Parks, all decisions concerning the Event are subject to the City’s approval process. Accordingly, the Rotary Club shall submit proposed Event details in the format of the City’s Special Events application and in accordance with City Code Section 132-7. 3. Responsibilities of the parties: a. Rotary Club agrees to plan, subject to the City’s approval, and finance all aspects of the Event, including payment for the fireworks and other concessions, vendors, entertainment, traffic and safety measures and sanitary amenities. b. Notwithstanding the Rotary Club’s financial responsibility for the Event, the City agrees to assist the Rotary Club with Event details that overlap with municipal functions. The City shall be responsible for contracting, but not payment, for the fireworks display. 4. In its role as planner of the Event, the Rotary Club shall organize and coordinate all proposed vendors, entertainment, and other public safety, sanitary or convenience provisions subject to City review and approval of the Special Event plan. 5. The City shall process the application as other Special Events; however, as co-sponsor of the Event, the City shall provide assistance with any services regularly performed as a municipal function. These services shall include contributing the equipment, facilities and staff time of the Ithaca Police Department, Fire Department, Department of Public Works, Youth Bureau, and any other relevant City department at no cost to the Rotary Club. The parties recognize that City overtime assignments are voluntary and dependent on individual employee’s signing up for overtime. The parties agree that additional non-City staffing may be required for the Event, and Rotary shall be responsible for the cost of any additional non-City staffing. The City’s contributions and other safety, security, and sanitary measures required and provided by the Rotary Club will be developed by the parties through the Special Events Process. 6. In planning the Event, the parties anticipate up to 10,000 attendees in varying locations. In addition to fireworks, the parties endeavor to organize an event that includes live entertainment, food and refreshment and other vendors. The Event will require provisions for parking and traffic control, lighting, restroom facilities for the public, security detail, and post-event clean up. For purposes of providing sanitary facilities, the parties presume that the Event will be attended by 5,000 participants. The parties agree to meet regularly to discuss and coordinate aspects of the Event. 7. To the extent that any proposed feature of the Event requires support from functions performed by the City and its departments, the City shall provide such support without requiring reimbursement from the Rotary Club. 8. The Rotary Club agrees to staff the Event with volunteers. Additionally, the Rotary Club agrees to contract for and finance all aspects of the Event not otherwise provided by the City under this Agreement, and as further defined in the approved Event Plan. Notwithstanding the foregoing, the parties agree that the City shall contract with the fireworks display company, provide insurance, and coordinate fire services for the fireworks display; however, Rotary Club shall be responsible for transferring funds to the City to provide for timely payment to the fireworks display company. 9. The Rotary Club plans to fundraise for purposes of financing the Event. Such fundraising may also include grant funding. The Rotary Club agrees that it shall discuss with the City any grant application (and the conditions associated therewith) it proposes to make, substantially in advance of—and in no event less than seven days prior to—the submission of such application. If the City objects to any of the conditions that would be associated with such grant, it shall so inform the Rotary Club, in order to avoid a situation where the parties are unable to comply with the grant conditions. In advance of submitting the grant application, the parties shall determine which party will be responsible for receiving the grant funds, reporting requirements, voucher submissions, and any other requirements of the grant. 10. Either party may terminate this Agreement upon giving the other party 90 days' prior written notice of such termination. 11. This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings. Modifications and amendments to this agreement, including any exhibit or appendix, shall be enforceable only if they are in writing and are signed by authorized representatives of both parties. 12. This Agreement shall be governed under the Charter and Municipal Code of the City of Ithaca and the laws of the State of New York without regard to, or the application of New York State’s choice of law provisions. The parties further agree that the Supreme Court of the State of New York, held in and for the County of Tompkins shall be the forum to resolve disputes arising out of either this agreement or work performed according thereto, and the parties consent to the jurisdiction of such court. 13. For the purpose of providing any notice required pursuant to this Agreement, the contact persons for each party shall be as follows, unless modified by any party, pursuant to written notices thereof provided to the other parties: - For the CITY OF ITHACA: Julie Holcomb, City Clerk AND City Attorney 108 E. Green Street 108 E. Green Street Ithaca, NY 14850 Ithaca, NY 14850 (607) 274-6570 (607) 274-6504 jholcomb@cityofithaca.org attorney@cityofithaca.org - For the ROTARY CLUB OF ITHACA: Dale Johnson AND Jim Johnston 391 Teton Court 109 East Lake Road Ithaca, New York 14850 Ithaca, New York 14850 (607) 272-0212 (607) 272-7565 / (607) 351-0936 djohnson@hospicare.org jimj14850@gmail.com 14. This agreement is subject to the Laws of New York. 15. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which, taken as a whole, shall constitute one and the same Agreement. IN WITNESS WHEREOF, the Parties have caused this MOU to be signed on the day and year indicated below. SIGNED: CITY OF ITHACA By: ______________________________________ Date: ________________________ Print Name: ________________________________ Title: _____________________________________ ROTARY CLUB By: ______________________________________ By:_______________________________ Dale Johnson Jim Johnston Title: ____________________________________ Title:______________________________ Date: _________________________ Date: _________________________ 9.6 Support for Amendment to Power Purchase Agreement (PPA) with Tesla for Solar Farm - Resolution WHEREAS, the City of Ithaca signed a Power Purchase Agreement (PPA) with Solar City (now Tesla) on February 10, 2015 to buy all of the electricity produced by a large scale solar array located at the Ithaca Tompkins Regional Airport at a cost of $0.079 (7.9 cents) per kilowatt-hour of electricity; and WHEREAS, the solar array development process has been slowed down by a number of different issues, including solar array location and design changes; FAA requirements; and changes to New York State regulations pertaining to solar arrays, resulting in increased project costs that make the existing rate of 7.9 cents financially infeasible for Tesla to advance the project; and WHEREAS, Tesla has proposed a new PPA rate not to exceed $0.090 (9.0 cents) per kilowatt-hour of electricity generated, with $0.085 (8.5 cents) paid to Tesla (previously Solar City) and $0.005 (0.5 cents) paid to Tompkins County for the lease of the land; and WHEREAS, the new size of the solar array is approximately 1,500 kilowatts DC, which would produce an estimated 1.8 million kilowatt hours in its first year of operation (as compared with the previous system size/production of 2,400 kw and 2.8 million kwh); and WHEREAS, for Tesla to retain the existing New York State Energy Research and Development Authority (NYSERDA) financial incentives, and for the City of Ithaca to retain the financial credit structure necessary for this project, Tesla must provide a down payment to New York State Electric & Gas (NYSEG) for utility upgrades by May 31, 2017; and WHEREAS, an amendment to the PPA is necessary to enable payment to NYSEG; and WHEREAS, the amendment and associated documents are currently under negotiation; now, therefore be it RESOLVED, That Common Council is supportive of entering into an amended Power Purchase Agreement with Tesla, provided that the City can come to mutually agreeable terms with Tesla at a rate not to exceed $0.09 (9.0 cents) per kilowatt-hour; and, be it further RESOLVED, That the Mayor, subject to review by the City Attorney, City Controller, and Sustainability Coordinator, is hereby authorized to execute all necessary documents to effect such amendment.         CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 MAYOR’S OFFICE NICK GOLDSMITH, SUSTAINABILITY COORDINATOR Telephone: 607-274-6562 Email: ngoldsmith@cityofithaca.org Fax: 607-274-6558 To: Common Council From: Nick Goldsmith, Sustainability Coordinator Date: April 25, 2017 Re: Resolution to Amend Solar Power Purchase Agreement Dear Common Council, This document provides additional information related to the Resolution to Amend Power Purchase Agreement (PPA) with Tesla for Solar Farm, which is on the agenda for your upcoming meeting. This is the same memo that was included in the agenda packet for the April CA meeting, except that it reflects a lower PPA cost recently agreed to by Tesla. The City of Ithaca signed a Power Purchase Agreement (PPA) with Solar City (now Tesla) on February 10, 2015 to buy all of the electricity produced by a large scale solar array located at the Ithaca Tompkins Regional Airport at a cost of $0.079 (7.9 cents) per kilowatt-hour of electricity The solar array development process has been slowed down by a number of different issues, including solar array location and design changes; FAA requirements; and changes to New York State regulations pertaining to solar arrays, resulting in increased project costs that make the existing rate of 7.9 cents financially infeasible for Tesla to advance the project. Tesla has proposed a new PPA rate of $0.09 (9.0 cents) per kilowatt-hour of electricity generated, with $0.085 (8.5 cents) paid to Tesla and $0.005 (0.5 cents) paid to Tompkins County for the lease of the land. The new size of the solar array is approximately 1,500 kilowatts DC (1.5 megawatts), which would produce an estimated 1.8 million kilowatt hours – about 25% of City government electricity needs - in its first year of operation (as compared with the previous system size/production of 2,400 kw, 2.8 million kwh, and 35%). For Tesla to retain the existing NYSERDA financial incentives, and for the City of Ithaca to retain the existing financial credit structure - both necessary for this project - Tesla must provide a down payment to NYSEG for utility upgrades by May 31, 2017. With regard to the credit structure, which dictates how much money we are credited by NYSEG for the electricity produced by the solar array, New York State regulations have changed recently for the worse, and there are indications that we will not see the level of incentive that the City of Ithaca is currently eligible for in a solar project for the foreseeable future. An amendment to the PPA is necessary to enable Tesla’s payment to NYSEG. The amendment and associated documents are currently under negotiation. An analysis of the financial and environmental benefits and costs of the amended PPA is attached. It shows an estimated savings of $311,000 over 20 years, with substantial GHG reductions. City staff members Nels Bohn, Dan Cogan, Krin Flaherty and Nick Goldsmith have been involved with this project for the past few years and have jointly developed the resolution to amend the PPA. The three biggest concerns/risks we have identified are described below. PPA cost: the proposed cost per unit of electricity is higher than the price in the original PPA. Property Tax: The City is tax-exempt and the project is to be sited on County land. The County Department of Assessment believes the project should not be subject to property taxes. However, there is currently a case in court on the same issue, where the decision could set a precedent resulting in the need for Tesla (who owns the solar array) to pay property taxes, and pass those on to the City. Due to this uncertainty, our analysis assumes the cost of a PILOT which is currently proposed by the County IDA. NYSEG Credit rate: The amount which NYSEG credits us is based on utility rates, which vary by the day. Historically this credit has increased. However, over the last few years, due in part to very cheap natural gas prices, this credit has decreased. The financial uncertainties described above should be considered alongside the certain environmental benefits of the project. The City has committed to reducing GHG emissions by 80% by 2050, which is in line with the international goals in the Paris Climate Agreement. To avoid the worst effects of climate change, climate action at the local level is now more important than ever. The level of emissions reductions in government operations which the City seeks will not be possible without aggressive development of renewable energy. I am happy to discuss the items above in more detail with you. Please feel free to contact me at your convenience. First year Notes Electricity generated (kwh)1,763,000 Generation comp to 2010 usage 23% CO2 avoided (MTCO2e)549 Social Cost of CO2 ~ $40/MTCO2e (EPA) CO2 reduction compared to 2010 23% CITY PAYS Payment to Tesla/Solar City: PPA $150,000 Fixed (per unit of electricity) for 20 years Payment to County: Land Lease $9,000 Fixed (per unit of electricity) for 20 years Property Tax (Best guess = IDA PILOT)$21,000 2% escalation and Initial fee: Yr1 = $12k + $9k fee,  Yr10 = $14,000, Yr20 = $17,000 Total payment without Property Tax $159,000 Total payment with Property Tax $180,000 CITY RECEIVES Credit from NYSEG $172,000 Assuming 1% escalation: Yr1 = $172k, Yr10 = $188k, Yr20 = $208k CITY NETS Net without property tax $13,000 20 year total including escalations: $611,000;  Positive cumulative cash flow year 1 Net with property tax ‐$8,000 20 year total including escalations: $311,000;  Positive cumulative cash flow year 4 Analysis of City of Ithaca Solar Farm ‐‐‐ April 19, 2017 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Selection of Artists for Electrical Box Murals at Six Locations on the Commons – Resolution WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City’s public spaces; and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work; and WHEREAS, the Board of Public Works approved several locations for future murals and street art, including municipal electrical boxes throughout the city, by resolution on May 19, 2010; and WHEREAS, in 2012 the PAC launched a project to beautify 21 municipal electrical boxes through the creation of mini-murals, and a second round of the project was completed in 2014; and WHEREAS, due to the success of the first two projects, the PAC initiated a third round of electrical box murals to be completed in 2016-2017, including the three new electrical boxes installed on the Commons and six locations around the downtown area; and WHEREAS, the project will be funded through a grant from the Community Arts Partnership of Tompkins County and will be budget-neutral to the City; and WHEREAS, the PAC issued a Request for Proposals earlier this year and distributed 6 proposals for public comment; and WHEREAS, the PAC reviewed public comment at its meeting on March 23, 2017 and, after considering the community feedback, voted unanimously to recommend that the Common Council select the artwork submitted by Anna Adler, Marsha Acerra, and the Ithaca Youth Bureau; Shera D’Elia; McKayla Macomber; Zuri Sabir; Copper Santiago; and Richa Sardana to be installed on six electrical boxes in the downtown area; now, therefore be it RESOLVED, That the City of Ithaca Common Council selects the submissions of the following artists for More Boxes: Another Round of Electrical Box Murals: Anna Adler, Marsha Acerra, and the Ithaca Youth Bureau; Shera D’Elia; McKayla Macomber; Zuri Sabir; Copper Santiago; and Richa Sardana (as recommended by the Public Art Commission and shown in “More Boxes Mural Proposals (2017)”); and, be it further RESOLVED, That the selected artists may proceed with the installation of their murals on their appointed electrical box upon the execution of an agreement with the City (as reviewed by the City Attorney). With grant support by New York State Council on the Arts, administered by the Community Arts Partnership MORE BOXES: ANOTHER ROUND OF ELECTRICAL BOX MURALS MORE BOXES MURAL PROPOSALS (2017) “Big Little Ithaca: A Kid’s Eye View” by Anna Adler, Marsha Acerra, and the Ithaca Youth Bureau Proposed Location: E. Court Street & N. Aurora Street Description: “Big Brothers Big Sisters of Ithaca and Tompkins County (BBBS) in collaboration with teaching artist Marsha Acerra would like to propose an electrical box mural focused on friendship and community. We envision painting a collective city map generated from the kids and mentors we work with -- marking their most favorite landmarks and characters around town -- places they have enjoyed together, which represent the unique and diverse landscape of Ithaca. The mural will be executed by Marsha Acerra, Anna Adler (Community Outreach Specialist, BBBS andartist) with input and assistance from the community we serve, including Bigs and Littles. This work will energize the imaginations of passerbys, allowing people to see the city from the perspective of local youth, and reimagine what it means for all of us -- our sense of home, belonging, and place.” With grant support by New York State Council on the Arts, administered by the Community Arts Partnership “Better Together” by Shera D’Elia Proposed Location: E. Court Street & N. Tioga Street Description: “My intention with this design is to take the energy from the recent women's march and the North Dakota water protectors and create a hopeful, empowering, beautiful image that expresses our responsibility to work together on behalf of the water, the earth, and each other. The piece will be painted in my typical style, using bright, bold colors. The figures will be painted in different colors to express diversity. The concept sketch shows two sides of a box, with layered waves along the bottom and female figures rising out from the waves, while holding hands and circling below the earth which is above them. The top line of figures appear to be supporting the earth with their hands.” With grant support by New York State Council on the Arts, administered by the Community Arts Partnership “A Box of Strawberries” by McKayla Macomber Proposed Location: E. State Street & N. Aurora Street Description: “For my proposal I submit what would be an all-over, wrap around pattern of the strawberries with foliage on top of a black background. I believe it would be a simple and polished design that would bring some lively energy with it. The strawberries would be adjusted and fitted to work best with the shape of the electric boxes.” With grant support by New York State Council on the Arts, administered by the Community Arts Partnership “Ithaca IS Magnetic” by Zuri Sabir Proposed Location: W. State Street & S. Cayuga Street Description: “There’s a running joke amongst us native Ithacans that one can’t get away from Ithaca, no matter how hard one tries. You’ll travel to the most gorgeous, farthest reaches of the planet and nothing compares to her simple charm. Hence, monochrome graphic shapes of people falling back into magnet Ithaca.” With grant support by New York State Council on the Arts, administered by the Community Arts Partnership “In Land Stars” by Copper Santiago Proposed Location: W. Buffalo Street & N. Geneva Street Description: “I spent a long time thinking about what I would paint on a box once I was forward the email asking for applicants. I wanted to paint Ithaca, my new home, as I feel it day to day and no one image I was thinking of could seem to encompass that. I was driving down from the Ithaca mall a week or so ago and I was struck by how much the city lights resembled stars nestled in the hills that are so much a part of Ithaca. There wasn't that much light pollution where I was and I could see the stars above us shining so brightly. Gazing back down, Ithaca looked like someone had gently placed a galaxy in a bowl. As I was still moving in the car, the lights seemed to be spinning slowly, very much alive. The land appeared to be cradling the inland stars as much as they were floating slightly above it, like clouds moving between very tall mountains. I was moved by the idea that I was driving home to those very stars. My painting on the box would try and reflect the feeling one gets looking at their home shining as timeless as the stars above us all. By illustrating this moment, I hope to share the wonderful sensation that comes from feeling tiny and inconsequential yet part of something much bigger. The same thing happens when one sees very tall mountains, or the horizon for the first time. For me, it happens when I look at the stars.” With grant support by New York State Council on the Arts, administered by the Community Arts Partnership “The Lives We Live” by Richa Sardana Proposed Location: E. Court Street & N. Cayuga Street Description: “The Warli people are an indigenous tribe living in the state of Maharashtra in western India; many still live on the northern outskirts of the city of Mumbai. The brick red and white paintings of the Warli tribe decorate the walls of their houses. The paintings are simple and distinct, and are considered an ancient prevailing art. Basic shapes – triangles, squares, circles, and crooked lines – are used to depict complex scenes, such as wedding, field harvest, celebration, dance, musicians, nature, landscapes, farming, animals, rituals. The art is really a depiction of how the community lives, celebrates, hopes, and supports. There is nothing abstract in the depiction, and still it leaves room for you to recreate the atmosphere of happiness and music in your mind. I was introduced to Warli paintings in a fleeting way several years ago. Riding in an auto-rickshaw that trailed through the traffic in Mumbai, I was looking out in a nonchalant way. Suddenly my eyes caught sight of an old woman painting something in white on a brick red background, while a little child played around her. The traffic suddenly cleared, and the auto-rickshaw accelerated ahead. I looked back, trying to capture more, but neither time nor speed did justice to the scene. There was something about this scene that left a vivid snapshot in my memory – an old woman, painting, two plain colors, simple geometric shapes, the little child, the humid afternoon. It was so plain, and yet so captivating. She was clearly an artist with no recognition – and one who didn’t seek any. Ithaca is home to people from diverse backgrounds and a lot of flux. The beauty and hospitality of the town, and its natural beauty win the hearts of anyone who cross their paths here. At the same time, the town is enriched by the uniqueness of all the people who come and go, and the many who continue to stay on. This sense of community is best felt on the Commons where everyone gets together, whether it is for food, or art or a glass of wine. When I saw the request for proposal for the utility boxes, I felt using Warli art would be a perfect medium to blend the symbolic features of the tribal art while capturing and celebrating the welcoming spirit of Ithaca. To me, there is an unbroken line from early tribal art such as Warli to today’s street art. With grant support by New York State Council on the Arts, administered by the Community Arts Partnership While designing the template for my proposed project, I decided to use the map of downtown Ithaca as my background template (shown in black representing Green and Seneca Street, kissed on the south by the six mile creek). I then tried to use Warli tribal motifs to express the vibrance of the Commons and its surroundings. I have incorporated symbols of several features in the art, and tried to interact with the viewer who will be able to identify some of these features (such as the Moosewood towards the north, the Tomkins library, Mama goose, waterfall and Cornell’s iconic McGraw tower) while trying to the appreciate a different art form. 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Alderperson Kerslick - Resolution Opposing Concealed Carry Reciprocity Act of 2017 WHEREAS, on January 3, 2017, Representative Richard Hudson (R-NC) introduced HR 38 and on February 27, 2017, Senator John Cornyn (R-TX) introduced S 446, both known as the Concealed Carry Reciprocity Act of 2017 and intended to force states to recognize concealed carry permits of gun owners issued in all other states, regardless of the issuing state’s permitting standards or lack thereof; and WHEREAS, while every state allows concealed carry under some circumstances, each state has different requirements on who is permitted to carry, what requirements are appropriate, and what type of training should be required of permit holders; and WHEREAS, currently, New York, as well as many other states, broadly prohibits out-of- state residents from carrying concealed weapons within its borders without complying with New York state requirements; and WHEREAS, the Concealed Carry Reciprocity Act of 2017 would seek to force New York to recognize so-called "constitutional" or permitless carry, which allows gun owners to carry without receiving any permit or training; and WHEREAS, HR 38 also would seek to override the Gun-Free School Zones Act, which makes it a federal crime to carry a gun in a school zone; and WHEREAS, in issuing concealed-carry permits, the Tompkins County Sheriff’s Department adheres to New York State law, and like many other cities and states, requires applicants to demonstrate a specific need for obtaining a concealed-carry permit; and WHEREAS, these Concealed Carry Reciprocity bills would effectively override existing state laws and local practice and severely limit Tompkins County’s ability to prevent dangerous people from carrying loaded, hidden firearms in public; now, therefore be it RESOLVED, That by the adoption of this Resolution, the City of Ithaca urges U.S. Representative Thomas Reed, and U.S. Senators Charles Schumer and Kirsten Gillibrand to OPPOSE HR 38 and S 446, known as the Concealed Carry Reciprocity Act of 2017. 14. MAYOR’S APPOINTMENTS: 14.1 Appointment/Reappointments to Ithaca Landmarks Preservation Commission - Resolution RESOLVED, That M. Megan McDonald be appointed to the Ithaca Landmarks Preservation Commission to replace Michael McGandy with a term to expire December 31, 2019; and be it further RESOLVED, That Susan Stein be reappointed to the Ithaca Landmarks Preservation Commission with a term to expire December 31, 2018; and be it further RESOLVED, That David Kramer be reappointed to the Ithaca Landmarks Preservation Commission with a term to expire December 31, 2019; and be it further RESOLVED, That Stephen B. Gibian be reappointed to the Ithaca Landmarks Preservation Commission with a term to expire December 31, 2019; and be it further RESOLVED, That Mary Raddant Tomlan be reappointed to the Ithaca Landmarks Preservation Commission, as an alternate member, with a term to expire December 31, 2018; and be it further RESOLVED, That Nancy Brcak be reappointed to the Ithaca Landmarks Preservation Commission, as an alternate member, with a term to expire December 31, 2019.