HomeMy WebLinkAbout06-07-17 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, June 7, 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:
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Presentation of Award for the Tea Pavilion at Stewart Park by Historic Ithaca
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Human Resources Department - Amendments to Fringe Benefits for Managerial
Personnel - Resolution
8.2 Human Resources Department - Amendment to Fringe Benefits for Confidential
Employees - Resolution
8.3 City Chamberlain – Request to Waive Penalty on Taxes - Resolution
8.4 Youth Bureau – Request to Amend 2017 Budget - First-Time Work Program -
Resolution
8.5 Youth Bureau – Request to Amend 2107 Budget – Grant for Ithaca Bike Rental -
Resolution
8.6 Youth Bureau – Request to Amend 2017 Budget – Youth Employment Service
(YES) Program - Resolution
8.7 Department of Public Works - Brindley Street Bridge Replacement Project Right-
of-Way Acquisition - Resolution
8.8 Department of Public Works - Amendment to 2017 Personnel Roster - Resolution
8.9 Department of Public Works - Water and Sewer Division - Proposed Amendment
to 2017 Personnel Roster Resolution
8.10 Department of Public Information and Technology – Re-Allocation of
Information Management Specialist Position - Resolution
Common Council Meeting Agenda
June 7, 2017
Page 2
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Adoption of City of Ithaca Action Plan for Allocation of the 2017 Housing and
Urban Development (HUD) Entitlement Program Award - Resolution
9.2 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 276 entitled
“Site Plan Review”, Section 276-7 B. entitled “Project Review Criteria” related to
Criteria for Tree Preservation, Plant Selection and Planting, Site Construction,
Plant Materials and Maintenance
9.3 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 210 entitled
“Housing Standards” Part 1, entitled “Residential Premises”, Article VII entitled
“Residential Rental Units” related to “Certificate of Compliance” in Order to
Mandate Display of a Valid Certificate of Compliance and Inclusion of a
Statement in Leases Stating Whether the Rental Unit has a Valid Certificate of
Occupancy
9.4 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325, Entitled
“Zoning,” To Establish the “323 Taughannock Boulevard Planned Unit
Development Zone”
10. CITY ADMINISTRATION COMMITTEE:
10.1 Authorization to Enter into a Memorandum of Understanding with Friends of
Stewart Park – Resolution
10.2 Opposition to Proposed 2018 Federal Government Budget - Resolution
10.3 A Resolution Authorizing the Issuance of an Additional $1,178,000.00 Bonds
Of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost
Of the Design and Replacement of the North Aurora Street Bridge Over
Cascadilla Creek Project in and for Said City
10.4 City Controller’s Report
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Alderperson Brock – Amicus Curiae/CAFO – Resolution In Support of Seeking a
Amicus Curiae Status in the Matter of Riverkeeper, Inc. et al. v. Basil Seggos
and New York Department of Conservation (to be distributed under separate
cover prior to meeting)
14. MAYOR’S APPOINTMENTS:
14.1 Appointment to the Special Joint Sewer Committee – Resolution
15. REPORTS OF COMMON COUNCIL LIAISONS:
Common Council Meeting Agenda
June 7, 2017
Page 3
16. REPORT OF CITY CLERK:
17. REPORT OF CITY ATTORNEY:
18. MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the Minutes from the May 3, 2017 Common Council Meeting -
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: June 1, 2017
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Human Resources Department - Amendments to Fringe Benefits for
Managerial Personnel - Resolution
WHEREAS, in an effort to achieve consistency, the Director of Human Resources
recommends amendments to the Fringe Benefits for Managerial Personnel that align
with recently negotiated labor contracts; and
WHEREAS, the proposed changes to the sick leave buyout methodology and the
elimination of the Day Care Cash Subsidy will not affect currently employed City
employees, but the enhancement for Parenting Leave will impact all employees eligible;
now, therefore be it
RESOLVED, That the Common Council approves the amendments included herewith,
effective immediately.
CITY OF ITHACA
FRINGE BENEFITS FOR MANAGERIAL PERSONNEL
1. Annual Leave:
Managerial employees shall earn annual leave on a monthly basis in accordance with the
following schedule:
Length of Service 40 hours/week 35 hours/week
fewer than 2 years 10 hrs/mo (3 wks) 9 hrs/mo (3 wks)
2-4 years 14 hrs/mo (4 wks) 12 hrs/mo (4 wks)
5-9 years 17 hrs/mo (5 wks) 15 hrs/mo (5 wks)
10 or more years 20 hrs/mo (6 wks) 18 hrs/mo (6 wks)
Annual leave shall be posted on the first day of each month, beginning with the first day of the
month following the month of hire.
Annual leave may be accumulated throughout the year without a limit, but only a maximum of
forty (40) days may be carried into the next calendar year. Any days in excess of forty (40) will
be forfeited on December 31st. No more than thirty (30) days of accumulated annual leave
shall be paid on separation from service; upon retirement, unused annual leave in excess of
this amount may be applied toward the purchase of health and dental insurance.
An employee may elect to cash in up to ten (10) days of unused annual leave in December of
any calendar year. (Note: Pursuant to the Common Council resolution passed on January 8,
2015, this annual leave cash-in was suspended in 2015 and 2016 due to the implementation
of a new managerial compensation plan.)
2. Holidays:
Holiday leave shall be as follows:
January 1st Columbus Day
Martin Luther King Day Veteran’s Day
President’s Day Thanksgiving
Memorial Day Day after Thanksgiving
Independence Day Christmas
Labor Day One (1) annual leave day to be credited 2/1*
Whenever any of these holidays falls on a Saturday, the preceding Friday shall be considered
the holiday. If on Sunday, the following Monday shall be considered the holiday.
*An annual leave day was added in lieu of Lincoln’s Birthday, pursuant to a resolution adopted
by Common Council on December 5, 2007. The annual leave day is accrued on February 1st
of each year.
Managerial employees who work shortened workweeks (i.e. fewer than five days per week)
that do not coincide with the established managerial holiday benefit schedule shall receive
annual leave accruals on the designated holidays rather than observing the designated
holidays as days off. Annual leave accruals shall be prorated as appropriate, based on the
City of Ithaca - Fringe Benefits for Managerial Personnel - Page 2
employee’s standard workweek. (For example, a 20 hr/wk employee shall accrue four (4)
hours of annual leave on each holiday; a 40 hr/wk employee shall accrue eight (8) hours of
annual leave on each holiday.) Such annual leave accrual shall be a replacement for paid
holidays off, not a supplement to them.
3. Sick Leave:
Sick leave shall accumulate at the rate of one (1) day per month. Sick leave shall be posted
on the first day of each month, beginning with the first day of the month following the month of
hire. There shall be unlimited accumulation of sick leave. Sick leave may be used for
personal medical reasons or for illness in the employee’s immediate family (as defined in
Section 6).
Any employee who is injured in the course of his/her employment and who is entitled to
benefits under the provisions of Workers’ Compensation Law may elect to use his/her
accumulated sick leave benefits to cover the workers compensation absence. If an employee
elects to do so, the amount of any award made to the employee by the Workers’
Compensation Board for any period of time during which the employee used sick leave
benefits shall be paid to the City of Ithaca, which in turn will reimburse the employee's sick
leave account with the amount of sick leave equivalent to the financial value of the award.
4. Sick Leave Bank:
Employees may voluntarily make or receive a donation of accumulated sick leave or annual
(vacation) leave to or from any City of Ithaca employee. The employee receiving the donated
time must have exhausted his/her leave time. The request to transfer leave time must be
submitted in writing to the Human Resources Department.
5. Sick Leave Buyout:
Employees whose employment with the City commenced prior to January 1, 2017:
Upon an employee’s retirement, unused sick leave shall be applied toward the payment of
extended health and dental insurance coverage. Extended health and dental insurance
coverage shall be provided at the rate of one (1) month of insurance for each twelve (12)
hours of accumulated sick leave, or at the established retiree premium, at the discretion of the
employee.
Employees whose employment with the City commenced on or after January 1, 2017:
Upon an employee’s retirement, the value of the unused sick leave, as valued at an
employee’s standard rate of pay as of their date of retirement, shall be used to establish a
retirement fund account to pay for health insurance for the retiree and eligible dependents as
elected by the retiree. Each month that such health insurance is provided by the City, the
value of the retiree or dependent rate established by the Common Council shall be deducted
from the retiree’s retirement fund account. The City will provide an annual statement of
retirement fund account dollar balance to all retirees to whom this paragraph applies. Once
the account is exhausted, the City will no longer extend health insurance coverage to retirees
and dependents except by direct, full payment to the City by the retiree or dependent at the
appropriate group rate as determined by the City.
City of Ithaca - Fringe Benefits for Managerial Personnel - Page 3
All employees regardless of date of hire:
EEmployees who retire with sick leave balances in excess of two thousand (2,000) hours may
elect to receive a cash payment for the portion of their accrued sick leave that exceeds two
thousand (2,000) hours, up to a maximum cash payment of $11,000. The employee’s
remaining sick leave shall be applied toward the payment of extended health and dental
insurance coverage at the rates specified in the preceding paragraph.
In the event of an employee’s death prior to his/her retirement, or if retired, prior to the
exhaustion of remaining accumulated funds, such monies due the employee shall be applied
toward the purchase of health insurance for his/her surviving dependents, if any.
Upon the exhaustion of the employee’s sick leave balance, the City will no longer extend
health insurance coverage to retirees and dependents except by direct full payment to the City
by the retiree at the appropriate rate available as determined by the City.
6. Bereavement Leave:
In the event of death in the immediate family of the employee or family of the employee’s
spouse or domestic partner, such employee shall be allowed a leave of absence with pay to a
maximum of three (3) days. The Mayor may grant additional time as needed.
The immediate family is defined as: the spouse or domestic partner, parent, grandparent,
child, grandchild, brother or sister of the employee or the parent, grandparent, child,
grandchild, brother or sister of the spouse or domestic partner. It shall apply also to any other
relative living in the same household.
In the event of death of a friend, family member not in the immediate family or associate of an
employee, such employee may be allowed a leave of absence with pay of one (1) day. The
Department Head or Mayor, if the department head makes the request, must approve this
leave of absence.
7. Parenting Leave:
Any employee taking a parenting leave shall be entitled to use up to eight eight (8)twelve (12)
weeks of accumulated sick sick leave running from the date of birth or adoption, of which the
first eight (8) weeks may be sick leave without providing a doctor’s certificate. Parenting
leaves shall be available to both male and female employees and shall be available only in the
case of childbirth or adoption. Employees may use additional sick time at the end of the eight
(8) week period for parenting leave following the birth or adoption of the child upon
presentation of a doctor’s certificate attesting to the necessity of such continued leave from
employment. Employees may use annual leave time after the first eight (8) week period of
parenting leave without a doctor’s certificate.
8. Jury Duty:
An employee shall be granted a leave of absence, with pay, at no loss of accrued leave, to
serve jury duty or to appear as a witness pursuant to subpoena, or other order of the court
City of Ithaca - Fringe Benefits for Managerial Personnel - Page 4
upon presentation to the City of proof thereof. Any compensation received from the court
except expense reimbursement, shall be returned to the City.
9. Work Schedule:
The City recognizes the need to provide a certain degree of flexibility in the work schedules of
managerial employees to accommodate for work performed during non-traditional work hours.
10. Health & Dental Insurance:
All employees shall contribute 20% of the health insurance premium equivalent for the type of
health insurance (individual or family coverage) that the employee has elected.
The employee prescription drug co-pay shall be $5 for generic drugs, $15 for preferred brand-
name drugs that do not have a generic equivalent, and $30 for non-preferred brand-name
drugs that have a generic equivalent. The stated co-pays apply to each 30 day supply of the
prescription. Each prescription may be filled for up to a 90 day supply at a time, subject to the
appropriate co-pays.
In addition, employees have the option of choosing an alternative health insurance plan
offered through the Greater Tompkins County Municipal Health Insurance Consortium. The
prescription drug co-pays for alternative health insurance plans may vary according to the plan
chosen.
The City will provide the Excellus Blue Cross/Blue Shield Dental Blue Options Incentive PPO
(formerly known as Schedule A) Plan as individual and/or family coverage, at no cost to the
employee. Employees who elect to carry Prime Blue Dental Insurance instead of the Dental
Blue Options Incentive PPO Plan shall be responsible for payment of the difference between
the two premiums.
Employees who elect to carry Vision Insurance shall be responsible for payment of the full
premium.
11. Retirement:
The City shall provide membership in the New York State Employees’ Retirement System or, if
applicable, in the New York State Police and Fire Retirement System with benefits in
accordance with and subject to the provisions of the statutes of the State of New York.
12. Day Care:
The City shall continue to provide the established Day Care Assistance Program (Cash
Subsidy Program, Flexible Spending Account and Flexible Work Schedule) according to the
program and procedures adopted by the Ithaca Common Council.
Notwithstanding the preceding sentence, all employees whose employment with the City
commences on or after January 1, 2017 shall not be entitled to the Cash Subsidy Program.
City of Ithaca - Fringe Benefits for Managerial Personnel - Page 5
13. Educational Assistance:
The City of Ithaca agrees to pay the tuition for education courses, including technical and
trade schools, to assist employees in furthering their education and enhancing their ability and
effectiveness on the job. Such assistance shall be limited to courses which are related to an
employee’s position and which will further development in the performance of the employee’s
duties. Additionally, the employee must receive a passing grade in the course before
reimbursement will be issued.
Educational assistance shall be limited to two (2) courses per calendar year for permanent or
provisional employees. No employee shall receive assistance for more than a career limit of
twenty (20) courses. The City shall pay the actual per hour tuition cost of any approved
courses, provided that any employee who receives educational assistance shall reimburse the
City for the cost of any course if the employee chooses to leave City employment within six (6)
months of the conclusion of that course.
14. Mileage Reimbursement:
Employees who are required to use their personal automotive vehicle in the conduct of official
business shall be reimbursed at the prevailing IRS rate.
Revised: March 2016, April 2017
8.2 Human Resources Department - Amendment to Fringe Benefits for
Confidential Employees - Resolution
WHEREAS, the fringe benefits for confidential employees are, by resolution of Common
Council, indexed to those provided by the CSEA Administrative Unit contract; and
WHEREAS, the provisions governing the disposition of sick leave upon retirement incur
a tax liability for the retiree, even when there is no cash payment for sick leave; and
WHEREAS, the confidential employees wish to eliminate the tax liability by waiving the
option of cash payment of sick leave; now, therefore be it
RESOLVED, That the following provision shall govern the disposition of sick leave upon
retirement for confidential employees:
1. Employees whose employment with the City commenced prior to January 1,
2017: Upon an employee’s retirement, unused sick leave shall be applied
toward the payment of extended health and dental insurance coverage.
Extended health and dental insurance coverage shall be provided at the rate
of one (1) month of insurance for each twelve (12) hours of accumulated sick
leave, or at the established retiree premium, at the discretion of the
employee. Once the employee’s sick leave is exhausted, the City will no
longer extend health insurance coverage to retirees and dependents except
by direct, full payment to the City by the retiree or dependent at the
appropriate group rate as determined by the City.
2. Employees whose employment with the City commenced on or after January
1, 2017: Upon an employee’s retirement, the value of the unused sick leave,
as valued at an employee’s standard rate of pay as of their date of retirement,
shall be used to establish a retirement fund account to pay for health
insurance for the retiree and eligible dependents as elected by the retiree.
Each month that such health insurance is provided by the City, the value of
the retiree or dependent rate established by the Common Council shall be
deducted from the retiree’s retirement fund account. The City will provide an
annual statement of retirement fund account dollar balance to all retirees to
whom this paragraph applies. Once the account is exhausted, the City will no
longer extend health insurance coverage to retirees and dependents except
by direct, full payment to the City by the retiree or dependent at the
appropriate group rate as determined by the City.
; and, be it further
RESOLVED, That all other fringe benefits provided by the CSEA Administrative Unit
contract shall continue to apply to confidential employees.
8.3 City Chamberlain – Request to Waive Penalty on Taxes - Resolution
WHEREAS, the property owner at 216 Floral Avenue (Tax Map #74.-3-3) stated that he
sent to the City of Ithaca Chamberlain’s Office on January 26, 2017, a check in the
amount of $1,797.62 for payment of the City and County taxes on the property; and
WHEREAS, the City Chamberlain’s Office never received the check; and
WHEREAS, upon receiving the notice of unpaid taxes from the City Chamberlain’s
Office in March 2017, the owner sent a second check to the City of Ithaca
Chamberlain’s Office in the amount of $1,871.48, which included late penalties and
notice fees, due at that time; and
WHEREAS, the second check that included March 2017 penalties and fees, has been
received and posted as paid by the City Chamberlain’s Office; and
WHEREAS, the owner has requested that the penalties and fees be refunded, and has
provided the necessary documentation to prove that a check was issued to the City of
Ithaca in January 2017, when tax payments were due; and
WHEREAS, in order to provide the requested refund of the penalties and fees to the
property owner requires Common Council approval; now, therefore be it
RESOLVED, That Common Council approves the property owner’s request to have the
penalties and late fees associated with the late payment of the first installment of the
2017 City of Ithaca and Tompkins County taxes for the property located at 216 Floral
Avenue refunded to them.
CITY OF ITHACA
108 East Green Street lthaca. NewYork 14850-5690
OFFICE: OF TTII] CTIAMBF-RT-AIN
Tclephone: 607'274-6580 l:ax: 607/272-73.18
317 /?0t7JO N (;[.trt.]R I'r3tlll
IT}IACA NY I4850
2017 Citv l;irst lnstallmenl
Dr:,.rr-|t.\... I ^.
Dear Propcrty Owner.
According ro our records. 2016-2017 lthaca City School Taries, 201 7 County Ta.res and/or 2017 Cit-v Ta.res
on the i,bove referenced I'roperty have not been paid. The amounts oflhe trnpaid taxcs are listcd below, and
are dut' no later than March 31. 2017 to avoid additional penalty.
lfthe taxcs are not paid on or before September 30. 2017, we rvill be required by law to file a List of
Delinqucnt taxes in the office olthe County Clerk. The inclusion of 1'our property on this list serves as
public noticc that a procecding is pending against your property. As rvell, an additional fifteen percent
penafty rvill bc added on October I,2017.
We urge you to pay the outstanding taxes as soon as possible. L-ailure to pay $ill eventually rcsult in the loss
ofthe property. Paynrents should be made out to the City oflthaca and sent lo lhc address above.
If these taxes should have been paid through a real propcn)- tax cscrow acccunt, please immediately notifi
the holder of the account that the taxes have not yet been paid.
Barcode 1831595
Unpaid Irr
Pcnalt)'.fotal l)ur:
s849.70
$50.86
$900.56
2017 County Unpaid 1ax s95 r.92 -u'rt:%
Barcode 1886922
f'c'rl-flf
l otal Due $970.92
Total Duc $l,87t.4t
'l'his ntriicc refers only l(] lurrent year taxes payable to the City of lthaca. Othcr taxes and/or liens may be
ouistandi!1g. This ,,,rtrcc shuuld not be relied upon as a search ofunpaid taxes.
T,"fl,tt
t 4e{r CWc( & qaa
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STOP PAYMENT ORDf,R
Cteck
WEST ENDOFFICE
70I W SENECA ST ITHACA NY I4t5O
ACCOUNT HOLDER INFORIITATION
JOIt'\.' W CILAIIRI'ITE
ITHACA. NY I4850
ACCoUNT NLjMBf,R, jll
NE1V STOP PAYMENT ORDER
Check
DEFIMTIONS. "You" ltd "you." shall rcfer !o the Account Holder ideotified ebove, and "our" shall rcfcr to thc Brnk,
TOMPKINS TRUST COMPANY, $hod. rddrEs is P O BOX 460, ITHACA, New York l,l85l.
PLACING A STOP PAYMf,NT ORDER. You have authorizcq dirccted and .cq!.st d u3 to stop psymcnt on the chcck d66ribcd rboye. Th€
stop payrncnt ordcr must dcscribe th! chcck or lccounl with resso.Bble certainty and be Eceived at r tinrc rltd io r malllcr tlEt lffor& uB I
rcardMblc oppornmity to ,ct on it. ortl ltop payment orders arc bindi[g ort us fo. 14 cslerdar dsys only, atld must bc confinrEd by you in a
record or witing wifiitr thsl p€riod. lf thc record or writteo confirmaaion is rot rcccived as specifie( lvc will no longsr bc bound by yout
rcqucst
WIIEN PL CING A STOP PAYMENT ORI'ER ON A CHECK OR DRATT:
EFrECTM ?ERIOD. This Siop Psymeot frcr remains in cffcct for cithcr l) s p.riod of Bix rnonths froln drc dlt it is rcqucstc4
\rhcn signcd by you or 2) thc pcriod uotil we receive a record or $,ritirg rcvokinS this Stop Paymcnt Ordcr, wticbevcr occurs firsl Wtctl
not (crokc4 ifrn itaE dcscriH abovc har rot clcarcd or bccl rctumed to you by thc payc€, you may rcorw thc Stop Paymc6t O.dc' foi
atr additionsl six months to prcvent the it€m from bring psid by providing a request in a record or writing to us within thc timc pcriod th!
Stop PaymcDt Ordcr is in cffcct.
NOTIFICATION. You uodBstsnd ttat if the stop psymcnt ord.r comes too lstc for us to hrvc ! Etsonablc opportuiity lo .d on it prio.
to arccpting, ccniryin& prying, s€ttling for, posling or becomirg lccourhblc for the check idmlificd abovc, that this Stop Psymcrll
furr shall bc of no cffecr.
LIABILIfi, You agcc to inderfiiry and hold us harmlcss from any aod all chims, liabilitics, costs and cxfrcn!.s, in luding, but not limitcd to,
cou.1 co6ts rnd rclromblc lnomcy fccs, rclulaing ftom or Browing out of our refusal io pay thc identificd chcck. We shsll hrvc no lirbility to
you for the paymcnt ofth€ i&ntifi€d chcck contary ro this Stop Paymelt Order if the inforoation provid€d, such as tb€ chcck llu[6cr, doll8r
amoml orur.I)or|nr Mh-r -ic-'ti .^'uE'' " in good fEith or axcrcisCd ordinary
thc unoult ofthc chcck.
400 ch fec may be dcductcd from your/ Tr*t Yor,tl9ana-..
tl Al!/tft.| O Ed...to.r O tL(ft.l/O'r|lr
o altrrd tr E r.i.htrr El saengs
trClrr1r.. DFood O Tu.r
ocrrrt{ tr F{o.E o uuh'c6
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DATE RECEIVED: March 16,2017
form Corn$ercial Codc in effecl in
ojoa..!. b F!d.d Eho &f!a6d roL'r.{t
tnao.i lrt, .4at lghl
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January 25, 2017 $ t,797.62 400 5 0.00 CITY OTJ ITHACA LOST
For enhaitc€d ascllrily yorr acaounl numbar will ml b€ printod oo lhi9 copy NOT NEGOTIABLE a .erlin .rrldd6a
CITECK D,\T};CIIECK AitIOT]I\T CHTCK l\II]\IBI]R STOP FEI;
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PAY}If,!{T
PAY.IBLE TO REASON FOR STOP
ACKNOWLEDGMEM. I have rcvicwcd the above information and agee to the rerms by signing below.
w
W GII-BERT Datc
Account Owner
INSTITUTION USE
D.t. Etrtcrcd: 03/ 16,2017
R.ceivcd by Flrrncld lDtdtudonl
SIGTIATURE FIIRL
HANEY, ESTHER Date
Its: Officer
STOP PAYMEI{T ORDER RELEASE. The fotlowhg Slop Paymcnt Requcs(s) is relerseq withdrar|l and crnccled, as ofthc dstr sigtod
below. By signing this rclcasc, you accept all responsibility for any conscqucnces of this decision, and agrcc that wc havc fulfillod our
responsibilities und€r drc Stop Paymcot fuer and aI! rcleiscd ftom all liability.
When a Check/Drafl:Amounl:S
When an EFf: Amou6t:S Variablc: [ ] Yes Next Payment Datc:
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llxnt ( (xJc Bill No: 3J6, Sequ..rc.:
: lJrake chec*s oaroble ro Citt ol lthacsjllail or Deliver to:
Cih of Ithaca City Chamb€dain's Offce
108 E. Creen Street Mondav-Friday t:30 AM to 4:30 PM
Ithaca NY. 14850 Closed Weekends and Holidays
l (607) 274-6580
i Pay Online: www.cityofithaca.org
:017 Ilhaca ( il) I;irst Irstnllnlcn t Tax Bill
-fa\ablc A\tessed Rate per S1000 or
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litrcs Dua by Feh, l,2017
I]II,LNUMBER 3367
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Owner
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I Tax Amount
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li28l2017
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I]II,L NIJMBER 3367
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2017 lthaca City First Installment Thx Biil
Tax Map Number
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Location
216 TLORAL AVE['cb. I, 2{ll7
Ofice Use Only - Payment Receipt
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3/2tt20l? John Gilbert
lotal [)ue
L
Taxcs l)ue by Feb. l,2017
1ax Anrount
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REMITTANCE STUB 2017 Ithaca Citv l'irst Installment 'lax Bill
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r City of Ithaca CiE Chamberlain's Offrca: 108 E. Green Street Monday-Fridav 8:30 AM to 4:30
: Ithaca. NY. 14850 Closed Weekends and Holidavs
: (607) 274-6580
: Pty Online: www.cityofithaca.
2017 kins Cou'--'-I.ntv Tax B ill
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lst lnstallment 2nd lnstallment
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Feb. I, 2017 :l!!y 120!7
s474.96 Oflice Usc Only - Payment Receipt
lbtal tmo00l08l49 S970.92 PAID
3/2812017 John Gilbert
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lnterest
Total Due $498.7l
REMITTANCE STUB 2017 Tompkins Countl'Ta"x Bill
Owner
JOHN GILBERT
$23.75
Option B
_ .lnslallment P{ym9ll Oplig!
lst lnslallnrcnt 2nd lnstallment
Payable to City Payable to
Chanrberlain by 'lbnrpkins Co. by
Fcb. l,2017 July 3,2017
$474.s6 s174.96
$23.75
T]ILLNUMBER 3367
I illlll llill lllil llililillllllr01886922+
Tax Map Number
500700 74.-3-3
Location
216 FLORAL AVE
O/litc (|se ()nlv - Payruenr Receipt
'Iolal tnroool08l49 5970.92 PAID
3/2812017 John Cilbert
1S.92 $474.96 {t^
Option A
Full P:ryment
Oplion
Payable to Citl' l
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Fcb. 1,2017
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Statement Date
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Account Number
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8.4 Youth Bureau – Request to Amend 2017 Budget - First-Time Work Program
- Resolution
WHEREAS, The City of Ithaca Youth Bureau Youth Employment Service program plans
to provide employment assistance and summer jobs to teens during the 2017 summer
season; and
WHEREAS, The Youth Bureau has been awarded $67,000, by the Joint Youth
Commission (JYC) and the Town of Ithaca for the JYC First-Time Work Program; and
WHEREAS, the Youth Bureau Summer Youth Employment Services is excited to
expand their program to serve more teens; and
WHEREAS, The Youth Bureau requests amendments to the 2017 budget in order to
meet the contractual obligations of the funding awarded and in order to serve more
youth in the community; now, therefore be it
RESOLVED, That the Youth Bureau 2017 budget be amended as follows:
Increase Revenue:
A7310-2350-1202 Youth Employment Service $66,000
A7310-2350-1400 Administration $1,000
$67,000
Increase Expenses:
A7310-5120-1202 Part time/Seasonal $54,627
A7310-5425-1202 Office Supplies $1,446
A7310-5445-1202 Travel & Mileage $1,262
A7310-5460-1202 Program Supplies $1,470
A7310-5425-1400 Office Supply $1,000
A7310-9030-1202 FICA/Medicare $4,179
A7310-9040-1202 Workers Comp $3,016
$67,000
Ithaca Youth Bureau
1 James L. Gibbs Drive
Ithaca, New York 14850
Phone: (607) 273-8364
Fax: (607) 273-2817
“Building a foundation for a lifetime.”
To: City Administration Committee
From: Liz Klohmann, Director
Re: Youth Bureau Budget Amendment
Date: May 3, 2017
The Youth Bureau has been awarded $67,000, by the Joint Youth Commission and the Town of
Ithaca for the Joint Youth Commission First-Time Work Program. We are pleased to be able to
offer summer employment to additional teens this summer.
We would like to amend the 2017 Youth Bureau budget as follows:
Increase Revenue:
Account # A7310-2350-1202 Youth Employment Service $66,000.00
Account # A7310-2350-1400 Administration $1,000.00
Total $67,000
Increase Expenses:
Account # A 7310-5120-1202 Part time/Seasonal $54,627.00
Account # A 7310-5425-1202 Office Supplies $1,446.00
Account # A 7310-5445-1202 Travel & Mileage $1,262.00
Account # A 7310-5460-1202 Program Supplies $1,470.00
Account # A 7310-5425-1400 Office Supply $1,000.00
YES Fringe Benefits Participants $45,592.00 x 12.65% $5,767.00
Other PTS (Staff) $9,035 x 15.81% $1,428.00
Total $67,000.00
Thank you.
8.5 Youth Bureau – Request to Amend 2107 Budget – Grant for Ithaca Bike Rental
- Resolution
WHEREAS, The City of Ithaca Youth Bureau is requesting permission to amend the
2017 budget to reflect grants that have been awarded for 2017; and
WHEREAS, The Ithaca Bike Rental received a Tompkins County Tourism Grant in the
amount of $7,000; and
WHEREAS, The City of Ithaca Youth Bureau was awarded an additional $10,147 from
the Tompkins County Youth Services to run the new Outings Program called “Path
Finders”; and
WHEREAS, Recreation Support Services Adult programs received a $7,855 grant to
extend programming to adults who are living at home, designated as “Family Support
Participants”; now, therefore be it
RESOLVED, That the City of Ithaca Youth Bureau 2017 budget be adjusted and
amended as follows:
Increase Expenses:
A7310-5120-01602 Part-time Seasonal $6,783
A7310-5460-01221 Program Supplies $3,000
A7310-5425-01221 Office Supplies $165
A7310-5120-01221 Part-time Seasonal $6,029
A7310-5460-01203 Program Supplies $7,000
A7310-9030 FICA/Medicare $981
A7310-9040 Workers Comp $1,044
$25,002
Increase Revenues:
A7310-3820-1600 NYS OPWDD $4,310
A7310-3820-1602 NYS OPWDD $3,545
A7310-2350-01221 Other Municipalities $10,147
A7310-2070-01203 Donations $7,000
$25,002
Ithaca Youth Bureau
1 James L. Gibbs Drive
Ithaca, New York 14850
Phone: (607) 273-8364
Fax: (607) 273-2817
“Building a foundation for a lifetime.”
To: City Administration Committee
From: Liz Klohmann, Director
Re: 2017 Budget Amendment
Date: 5/17/17
The Ithaca Youth Bureau is requesting permission to amend the 2017 budget to reflect grants
that we have been awarded for 2017.
Ithaca Bike Rental received a Tompkins County Tourism Grant in the amount of $7,000. A
portion of that grant will be spent on marketing and a portion on equipment for the program.
Outings was awarded an additional $10,147 from the Tompkins County Youth Services to run
the new Outings program called Path Finders.
Recreation Support Services Adult programs received a $7,855 grant to extend programming to
adults who are living at home, designated as Family Support participants.
Please allow the 2017 Youth Bureau budget to reflect these items by making the following
adjustments:
Increase Expenses:
A7310-5120-01602 Part-time Seasonal $6,783.00
Fringes 15.81% $1,072.00
$3,000.00
$ 165.00
A7310-5460-01221 Program Supplies
A7310-5425-01221 Office Supplies
A7310-5120-01221 Part-time Seasonal $6,029.00
Fringe 15.81% $ 953.00
A7310-5460-01203 Program Supplies $7,000.00
Total - $25,002.00
Increase Revenues:
A7310-3820-1600 NYS OPWDD $4,310.00
3820-1602 NYS OPWDD $3,545.00
A7310-2350-01221 Other Municipalities $10,147.00
A7310-2070-01203 Donations $7,000.00
Total - $25,002.00
8.6 Youth Bureau – Request to Amend 2017 Budget – Youth Employment
Service (YES) Program - Resolution
WHEREAS, The City of Ithaca Youth Bureau Youth Employment Service program plans
to provide employment assistance and summer jobs to teens during the 2017 summer
season; and
WHEREAS, the Youth Bureau will receive $172,840.55 from the Tompkins County
Workforce Investment Board to fund summer youth employment; and
WHEREAS, the Youth Bureau Summer Youth Employment Services is excited to
expand their program to serve more teens; and
WHEREAS, The Youth Bureau requests amendments to the 2017 budget in order to
meet the contractual obligations of the funding awarded; now, therefore be it
RESOLVED, That the Youth Bureau 2017 budget be amended as follows:
Increase Revenues:
A7310-4820-1200 Youth Development Administration $3,000.00
A7310-4820-1202 Youth Employment Service $165,426.55
A7310-4820-1400 Administration $4,414.00
$172,840.55
Increase Expenses:
A7310-5440-1200 Staff Development $2,000.00
A7310-5460-1200 Program Supplies $1,000.00
A7310-5120-1202 Part time/Seasonal $139,147.65
A7310-5425-1202 Office Supplies $2,531.35
A7310-5445-1202 Travel & Mileage $1,000.00
A7310-5460-1202 Program Supplies $4,400.00
A7310-5437-1400 Merchant Service $1,200.00
A7310-5425-1400 Office Supplies $1,314.00
A7310-5440-1400 Staff Development $1,100.00
A7310-5460-1400 Program Supplies $800.00
A7310-9030 FICA/Medicate $10,645.00
A7310-9040 Workers Comp $7,702.55
$172,840.55
“An Equal Opportunity Employer with a commitment to workforce diversification.”
Ithaca Youth Bureau
1 James L. Gibbs Drive
Ithaca, New York 14850
Phone: (607) 273-8364
Fax: (607) 273-2817
“Building a foundation for a lifetime.”
To: City Administration Committee
From: Liz Klohmann, Director
Re: Youth Bureau Budget Amendment
Date: May 3, 2017
We have been advised, by the Tompkins County Workforce Investment Board that we will receive
$172,840.55 in funding for Tompkins Summer Youth Employment Program. Although we are awaiting final
confirmation, we are pleased that we may be able to offer summer employment to additional teens this
summer.
We would like to amend the 2017 Youth Bureau budget, contingent upon confirmation of funding, as
follows:
Increase Revenues:
Account # A7310-4820-1200 Youth Development Administration $3,000.00
Account # A7310-4820-1202 Youth Employment Service $165,426.55
Account # A7310-4820-1400 Administration $4,414.00
Total $172,840.55
Increase expenses:
Account # A 7310-5440-1200 Staff Development $2,000.00
Account # A 7310-5460-1200 Program Supplies $1,000.00
Account # A 7310-5120-1202 Part time/Seasonal $139,147.65
Account # A 7310-5425-1202 Office Supplies $2,531.35
Account # A 7310-5445-1202 Travel & Mileage $1,000.00
Account # A 7310-5460-1202 Program Supplies $4,400.00
Account # A 7310-5437-1400 Merchant Service $1,200.00
Account # A 7310-5425-1400 Office Supplies $1,314.00
Account # A 7310-5440-1400 Staff Development $1,100.00
Account # A 7310-5460-1400 Program Supplies $800.00
YES Fringe Benefits Participants $115,559.64 x 12.65% $14,618.29
Other PTS (Staff) $23,588 x 15.81% $3,729.26
Total $172,840.55
Thank you.
8.7 Department of Public Works - Brindley Street Bridge Replacement Project
Right-of-Way Acquisition - Resolution
WHEREAS, a project for the Brindley Street Bridge Replacement over Cayuga Inlet,
P.I.N. 375611 (the “Project”) is eligible for funding under Title 23 U.S. Code, as
amended, that calls for the apportionment of the costs for such program to be borne at
the ratio of 80% Federal funds and 20% non-Federal funds; and
WHEREAS, the project involves the construction of new roadway and bridge on a
relocated horizontal alignment that will connect Taber Street with the West State/Martin
Luther King, Jr. Street/Taughnnock Boulevard intersection; and
WHEREAS, as part of the approved 2011 budget, the City of Ithaca established Capital
Project #764 in the amount of $205,000 to cover scoping and development phases of
the “Project”; and
WHEREAS, as part of the approved 2015 budget, Common Council authorized an
additional $303,000 for the “Project”; and
WHEREAS, as part of the approved 2017 budget, Common Council authorized an
additional $134,000 for the “Project”; and
WHEREAS, the City of Ithaca desires to advance the “Project” by making a commitment
of 100% of the non-Federal share of Right-of-Way Acquisition phase of the “Project”;
and
WHEREAS, On May 2, 2017, $16,650 of Federal funding was made available by New
York State Department of Transportation for the Right-of-Way Acquisition phase of the
“Project”; and
WHEREAS, The right-of-way cost of $16,650 will be derived from existing funds from
Capital Project #764; now, therefore be it
RESOLVED, That the City of Ithaca Common Council, duly convened, hereby
authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-
federal share of the cost for the Right-of-Way Acquisition phase of the “Project”; and, be
it
RESOLVED, That Common Council hereby agrees that the City of Ithaca shall be
responsible for all costs of the Right-of-Way Acquisition which exceed the amount of the
Federal funding; and, be it further
RESOLVED, That this “Project” be undertaken with the understanding that the final cost
of the Right-of-Way Acquisition to the City of Ithaca will be 20% of project costs, up to a
total project cost of $3,330; and, be it further
RESOLVED, That the funds needed for said amendment shall be derived from Capital
Project #764 and that the final cost to the City will be $3,330; and, be it further
RESOLVED, That in the event that the 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 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 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, That this Resolution shall take effect immediately.
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-6590
DEPARTMENT OF PUBLIC WORKS
Michael J. Thorne, P.E. Superintendent
Telephone: 607/274-6527 Fax: 607/274-6587
“An Equal Opportunity Employer with a commitment to workforce diversification.”
MEMORANDUM
TO: City Administration Committee
FROM: Addisu Gebre, Bridge Systems Engineer
DATE: May 9, 2017
RE: Brindley Street Bridge Replacement Project, CP#764
Please find attached a resolution seeking Common Council authorization to pay in the first
instance 100% of the Federal and non-Federal share of the Right-of-Way Share of the project.
Common Council already authorized $642,000 for the project as part of 2011, 2015 and 2017
capital budgets. And, on May 4, 2017, $16,650 in federal funding for the Right-of-Way
Acquisition phase of the project was made available by the New York State Department of
Transportation’s Off System Surface Transportation Program (STP-OFF) program.
The City of Ithaca will be reimbursed for 80% of eligible project cost up to $13,320, and any
additional cost after that up to the total authorization will be the City’s responsibility.
This project will replace the load posted, single lane, one-way bridge with a two lane, two way
structure relocated to intersect West State Street across from Taughannock Boulevard. The
existing structure will be repurposed to serve pedestrians and bicyclists only.
If you have any questions, please call me @ 607-274-6530 or email me agebre@cityofithaca.org
cc: Tim Logue, Director of Engineering Services
8.8 Department of Public Works - Amendment to 2017 Personnel Roster -
Resolution
WHEREAS, the Department of Public Works needs to increase its capabilities to
maintain electrical services, due to aging buildings, code changes, and the anticipated
ownership and maintenance of all streetlights in the city; and
WHEREAS, the increased responsibilities within the City will require the use of licensed
electricians; and
WHEREAS, the current position of Electrical Technician does not require a license, nor
is it intended to perform more advanced electrical work, and the proposed position of
Electrician does require a license and the ability to perform advanced electrical work;
now, therefore be it
RESOLVED, That the Personnel Roster of the Department of Public Works be
amended as follows:
Add: One (1) Electrician
Delete: One (1) Electrical Technician
; and, be it further
RESOLVED, That the position of Electrician shall be assigned to the CSEA
Administrative Unit at salary grade 14; 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
the Electrician position shall be established at eight (8) hours per day, forty (40) hours
per week; and, be it further
RESOLVED, That the funding for this change shall be derived from existing funds within
the Department of Public Works budget.
8.9 Department of Public Works - Water and Sewer Division - Proposed
Amendment to 2017 Personnel Roster Resolution
WHEREAS, the Water & Sewer Division of the City of Ithaca Department of Public
Works (DPW) has need for a Wastewater Collection Systems Supervisor; and
WHEREAS, Common Council, by resolution on February 19, 2014, temporarily
downgraded a Wastewater Collection Systems Supervisor position to a Working
Supervisor position, leaving the Wastewater Collection Systems Supervisor position
vacant and unfunded and funding a vacant and unfunded fifth Working Supervisor
position. This was done at the request of the Water & Sewer Division of the DPW based
both on the needs and budget constraints at the time; and
WHEREAS, the Wastewater Collection Systems Supervisor position was budgeted for
in the City of Ithaca DPW Final Budget Submission for 2017 with the difference of the
salary for the Wastewater Collection Systems Supervisor and a senior Working
Supervisor being added to the 2017 Adopted Program Budget with the understanding
that when the Wastewater Collection Systems Supervisor position was filled the
Working Supervisor position would revert to being vacant and unfunded on the
authorized personnel roster; and
WHEREAS, the department currently has a Wastewater Collection Systems Supervisor
position unfunded on its authorized personnel roster and the fifth Working Supervisor
position funded on its roster; now, therefore be it
RESOLVED, That the fifth Working Supervisor position be defunded and remain on the
department’s roster as vacant and unfunded, and the Wastewater Collection Systems
Supervisor position be funded and filled as soon as practicable.
1
Ph: (607) 272-1717
Fx: (607) 277-5028 City of Ithaca DPW
Water & Sewer Division
510 First Street
Ithaca, New York 14850
Memo
To: Administrative Committee
From: Erik Whitney, P.E., Assistant Superintendent City of Ithaca DPW W&S Div.
CC: Steve Thayer, City Controller
Date: Friday, May 05, 2017
Re: Authorization Wastewater Collection Systems Supervisor
The proposed resolution is intended to fund one (1) presently vacant and unfunded
Wastewater Collection System Supervisor and defund (1) Working Supervisor position upon
promotion to Wastewater Collection System Supervisor. Note: The funding for the difference
in the two salaries is included in our adopted program budget for 2017. The Working
Supervisor position is presently funded and occupied.
The nature of the Water & Sewer Divisions planned work over the next decade is driving this
change. Because of the age of our present wastewater collection system infrastructure we
will be replacing and rehabilitating (re-lining) existing sewers at a greater pace than we have
over the last decade. The Wastewater Collection System Supervisor will be needed to
coordinate and provide technical and contractual oversight and direction for both our own
Crews and Contractors engaged in these endeavors.
I intend to be present at the meeting should any questions arise.
8.10 Department of Public Information and Technology – Re-Allocation of
Information Management Specialist Position - Resolution
WHEREAS, an Information Management Specialist requested a review of her position
in consideration of a re-allocation; and
WHEREAS, the review by the Human Resources Department determined that a
permanent and material growth in the position’s responsibilities has occurred since the
position was last evaluated in 2007; and
WHEREAS, the Human Resources Department reviewed the point factor evaluation of
the Information Management Specialist position and determined that the growth in
responsibilities merits an increased point factor rating, which results in the re-allocation
of the position to a higher salary grade; now, therefore be it
RESOLVED, That the position of Information Management Specialist be re-allocated
from Grade 5 to Grade 6 of the Confidential Employees Compensation Plan effective
February 22, 2017; and, be it further
RESOLVED, That the funding to cover the resulting salary increase shall be derived
from within the approved 2017 departmental budget.
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Adoption of City of Ithaca Action Plan for Allocation of the 2017 Housing
and Urban Development (HUD) Entitlement Program Award - Resolution
WHEREAS, the City of Ithaca (City) is eligible to receive an annual formula allocation of
funds to address community development needs through the U.S. Department of
Housing & Urban Development (HUD) Entitlement program from the Community
Development Block Grant (CDBG) and the Home Investment Partnerships (HOME)
funding sources; and
WHERAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to
administer, implement and monitor the City’s HUD Entitlement program in compliance
with all applicable regulations; and
WHEREAS, on an annual basis an Action Plan must be submitted to HUD to access
HUD Entitlement program funding allocated to the City; and
WHEREAS, the 2017 Action Plan identifies a specific list of budgeted community
development activities to be funded from the 2017 HUD Entitlement program allocation
and associated funds administered by the IURA; and
WHEREAS, funding available to be allocated through the 2017 Action Plan funding
process is anticipated to include the following:
$661,371.00 CDBG 2017 allocation
$160,000.00 CDBG 2017 projected program income
$328,050.00 HOME 2017 allocation
$ 1,149,421.00 Total
; and
WHEREAS, the IURA utilized an open and competitive project selection process for
development of the 2017 Action Plan in accordance with the City of Ithaca Citizen
Participation Plan; and
WHEREAS, at their April 13, 2017 meeting, the IURA adopted a draft 2017 Action Plan;
now, therefore be it
RESOLVED, That the Common Council for the City of Ithaca hereby adopts the
attached draft Action Plan, dated April 25, 2017, for allocation of the City’s 2017 HUD
Entitlement Program award along with additional funds listed above totaling $1,149,421;
and, be it further
RESOLVED, That should the actual award of CDBG funds be different from the
anticipated amount, the funding amount for the Economic Development Loan activity
shall be modified; and, be it further
RESOLVED, That should the actual award of HOME funds be different from the
anticipated amount, funding for HOME-assisted projects shall be modified on a pro rata
basis; and, be it further
RESOLVED, That the City of Ithaca Urban Renewal Plan shall be amended to include
activities included in the adopted 2017 Action Plan.
IURA Draft FY2017 ACTION PLAN HUD Entitlement Program, City of Ithaca, NYlast updated: 4/25/17FundingTotal#SponsorRequestProject CDBG HOME CDBG PI TotalNotesCost$661,371 $328,050 $160,000 $1,149,421Housing 1 Lakeview IthacaLakeview Health Services, Inc. $ 250,000 $ 20,081,186 50,000$ 50,000$ Construct 50 affordable rental housing units, including 25 units for Lakeview consumers, at W. Court St/N. Meadow St.2 Chartwell HouseTompkins Community Action $ 208,270 $ 22,000 14,305$ 7,695$ -$ 22,000$ Replace HVAC at 12-unit permanent supportive housing facility for homeless men at 322 N. Meadow St.3 2017 Homeowner RehabIthaca Neighborhood Housing Services, Inc. (INHS) $ 150,000 $ 105,000 75,000$ -$ -$ 75,000$ Rehabilitate 3 homes owned by LMI households4 402 S. Cayuga StreetHabitat for Humanity of Tompkins/Cortland Counties, Inc. $ 80,000 $ 270,000 80,000$ 80,000$ Construct 2 owner-occupied homes for purchase by households at 60% AMI5 Housing Scholarship ProgramThe Learning Web, Inc. $ 65,592 $ 138,292 65,592$ 65,592$ Tenant-based rental assistance for 8 homeless youths receiving supportive services6 Security Deposit Assistance 2017-18Catholic Charities of Tompkins/Tioga $ 42,750 $ 50,603 42,750$ 42,750$ Security deposits for 77 low-inocme tenants, incluidng 5 Housing for Success participants7 Mini-Repair ProgramINHS $ 35,000 $ 93,736 26,000$ -$ -$ 26,000$ Small emergency repairs for 50 low-inocme serniors and people with disabilititesMandatory CHDO ReserveCHDO Set-Aside $ 49,208 $ 100,000 49,208$ 49,208$ Capitalize fund for mandatory CHDO reserve setaside activity (equal to 15% of HOME award) $ 880,820 $ 20,860,817 $410,550Economic Development8 Hospitality Employment Training ProgramGreater Ithaca Activities Center, Inc. (a CBDO) $ 115,036 $ 173,786 100,000$ -$ 100,000$ Job training resulting in job placement of 14 LMI persons9 Ithaca ReUse Center ExpansionFinger Lakes ReUse, Inc. $ 100,000 $ 10,034,412 50,000$ -$ 50,000$ Site aquisition costs for 6,000 SF expansion of retail area at 214 Elmira Rd. creating 3 FTE jobs10 Harriet Gianellis Child Care CenterTompkins Community Action $ 84,200 $ 8,250,000 -$ 84,200$ 84,200$ Low-interest loan for site acquisition costs for an Early Head Start facility at 661-665 Spencer Rd. creating 8 FTE jobs11 Work Preserve Job Training: Job PlacementsHistoric Ihaca, Inc. (a CBDO) $ 67,500 $ 159,856 67,500$ -$ 67,500$ job training resulting in job placement of 6 LMI persons12 Food Entrepreneurship ProgramCCE of Tompkins Co. $ 37,037 $ 80,533 36,587$ -$ 36,587$ Develop 8 new food micro-enterprise businesses owned by LMI persons $ 403,773 $ 18,698,587 $338,287Public Facilities13 Urban Bus Stop Signage & Amenities UpgradeTCAT $ 112,772 $ 109,306 25,000$ -$ 25,000$ Upgrade 3 bus stops (Albany@Salvation Army, Chestnut@Elm & Third@Hancock), 1 real time display, 17 bus stop signs14 DICC Heating & Roofing ReplacementDowntown Ithaca Children's Center (DICC) $ 64,800 $ 35,500 35,500$ -$ 35,500$ Complete heating/cooling ($15,800) + phase 1 roof replacement ($19,700) for child care center serving 85 children (>51% LMI)15 Conley Park PavilionDaniel Krall $ 22,500 $ - -$ -$ -$ Erect 24' x 30' pavillion in Conley Park near new INHS playground in Adams St. ROW $ 200,072 $ 144,806 $60,500Public Services16 Immigrant ServicesCatholic Charities $ 30,000 $ 78,795 30,000$ 30,000$ Case management for 100 immigrants to access employment, services, legal aid, etc17 Easy Access Low-Income CarsharingIthaca Carshare $ 29,043 $ - -$ -$ Provide 50 LMI persons with subsidized carsharing memberships18 ReSET Job Training Program ApprenticeshipsFinger Lakes ReUse, Inc. $ 22,410 $ - -$ -$ In-depth, on-the-job training for 12 LMI adults who have completed the entry-level job readiness/training program19 Work Preserve Job Training: Job ReadinessHistoric Ithaca, Inc. $ 20,000 see #11 above 20,000$ 20,000$ Job readiness training for 20 LMI youth and adults20 2-1-1/ I&R ServiceHuman Services Coalition (HSC) $ 20,000 $ 236,589 20,000$ 20,000$ Support for 2-1-1 Call Center referrals to 2,400 LMI persons21 A Place to Stay: Supportive ServicesCatholic Charities $ 20,000 $ 52,000 15,925$ 15,925$ Case management for 4-bed transitional housing for low-income women22 A+ Tuition AssistanceBJM Enrichment Program $ 17,410 $ - -$ -$ Scholarships for 10 academically vulnerable LMI students at BJM school to attend Academic Plus23 BB BS Northside Community OutreachIthaca Youth Bureau (IYB) $ 11,478 $ - -$ -$ Education, recreation, and mentoring to 75 LMI youth, with focus on immigrant and refugee populations24 Housing for School Success: Year #2ICSD $ 13,280 $ 13,280 13,280$ 13,280$ Supportive services for 3-5 homeless families receiving Housing Choice Voucher assistance from the Ithaca Housing Authority25 Security Deposit Assistance DeliveryCatholic Charities $ 6,930 $ - -$ -$ Partial coverage of staff time to administer Security Deposit Assistance program (see project #6) $ 190,551 $ 380,664 99,205$ Note: Total funding for Public Services is capped at $99,205 (15% of CDBG award)Administration & Loan Fund 26 CDBG AdministrationIthaca Urban Renewal Agency $ 132,274.20 $ 132,274 132,274$ 132,274$ Planning, administration, monitoring of CDBG program and fair housing 27 HOME AdministrationIURA $ 32,805.00 $ 32,805 32,805$ 32,805$ Planning, administration, monitoring of HOME program 28 Economic Development Loan FundIURA $ 75,800 $ 32,805 -$ $75,80075,800$ Capitalize loan fund for business loans resulting in job creation (including underwriting and delivery) $ 240,879 $ 197,884 $240,879Totals: $ 1,959,090 $ 40,480,642 $661,371 $328,050 $160,000 $1,149,421$1,149,421Adopted by the IURA: 4/13/17AcronymsCDBG = Community Development Block Grant; HOME = Home Investment Parnterships Program; CDBG PI = CDBG Program Income LMI = Low & Moderate Income; AMI = Area Median Income; FTE = Full Time Equivalent; CHDO = Community Housing Development Organization CBDO = Community Based Housing Organization PUBLIC FACILITIES SUBTOTALS:PUBLIC SERVICES SUBTOTALS:ADMINISTRATION & LOAN SUBTOTALS:ANTICIPATED FUNDING AVAILABLEProjectECONOMIC DEVELOPMENT SUBTOTALS:HOUSING SUBTOTALS:
9.2 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 276
entitled “Site Plan Review”, Section 276-7 B. entitled “Project Review Criteria”
related to Criteria for Tree Preservation, Plant Selection and Planting, Site
Construction, Plant Materials and Maintenance
ORDINANCE 2017-
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 276, entitled “Site Plan Review” of the City of Ithaca Municipal Code is
hereby amended as follows:
Section 1:
Section 276-B. entitled “Criteria for Tree Preservation, Plant Selection and Planting, Site
Construction, Plant Materials and Maintenance” is to be deleted and replaced in its
entirety with the following language:
B. CRITERIA FOR TREE PRESERVATION, PLANT SELECTION AND
PLANTING SITE CONSTRUCTION, PLANT MATERIALS AND
MAINTENANCE.
All projects shall provide for adequate types and arrangements of landscaping,
both to enhance the site and to complement the architectural components of the
development and to screen or buffer adjacent uses in public ways. Additional
information and guidelines are available in the City’s forestry master plan,
Ithaca's Trees: Master Plan, Inventory & Arboriculture Guidelines for the Public
Trees in the City of Ithaca New York (available at:
http://www.cityofithaca.org/DocumentCenter/View/379 . Appendix II of Ithaca’s
Trees provides standard construction details relating to the best practices for tree
planting in the City. Where feasible and applicable, these details should be
incorporated into site designs:
“Minimum Spacing for Street Trees”
“Typical Tree Planting in Ordinary Soil”
“Typical Tree and Shrub Planting in Continuous Bed”
“Typical Tree Lawn Planting Detail”
“Structural Soil Break-out Zone from Narrow Tree Lawn
to Adjacent Property”
“Typical Tree Planting Pit with Structural Soil along
Sidewalk”
“Typical Tree Planting Island in a Parking Lot with
Structural Soil”
“Tree Protection Fencing Detail”
1. PRESERVATION OF EXISTING TREES.
a. Where possible and reasonable, any trees greater than eight
inches in diameter at breast height of desirable species and in
good health and sound structure, in consultation with the City
Forester, should be retained on the site and protected during
development per the requirements of ANSI A300, Trees and
Shrubs Of Construction Management Standard Part 5 and the
Best Management Practices Managing Trees During
Construction, published by the International Society of
Arboriculture. See also Ithaca’s Trees Appendix II: Standard
Tree Planting Details “Tree Protection fencing detail”.
b. The City Forester shall review a pre-construction tree inventory
if required. The Forester may require the developer to survey
some trees that lie outside of the property, as neighboring trees
can be negatively impacted by construction. The
preconstruction tree survey shall include trees on the private
property as well as street trees adjacent to the property and
shall note the location of the trees, their species, DBH (diameter
at 4.5’ above grade), and the critical root zone area (CRZ). The
CRZ shall be noted as a radius of 1’ for each diameter inch for
trunk at DBH. All trees over 8” in diameter shall be inventoried.
c. The developer shall provide Site Plan Review with a tree
preservation plan including tree protection detail, during
construction care (ie mulching, watering), post construction
monitoring and care using the specifications outlined in the
ANSI A300 Construction Management Standard Part 5 and the
Best Management Practices Managing Trees During
Construction, published by the International Society of
Arboriculture. The tree preservation plan shall show the location
of utility work and the construction work zone where it may
conflict with CRZ of preserved trees and identify trees that need
preconstruction pruning to allow access for equipment and
building construction. Tree protection fences shall be made of
either chain link or wood fence barriers. No plastic fencing will
be allowed. Signage on the fence labeling it as a tree protection
measure is required.
d. For all city-owned trees, the City Forester will review the plan
and make comments on the proposed protection plan, and
submit those comments to Site Plan Review. For trees in the
city right of way, the City Forester will approve the tree
protection plan and issue a tree work permit prior to the
issuance of a building permit. The City Forester may also visit
the site during construction to ascertain that the tree protection
plan is being implemented for both trees in the city right of way
and trees on private property.
2. PLANTING SITE SELECTION
a. For the planting of trees in the city right of way, the City Forester
shall be consulted regarding specifications governing tree
species selection, size, spacing and method and location of
planting. A tree work permit will be required for this work.
b. As a guideline, street trees should:
not be planted within 20 feet from the corner of intersecting
streets
not be planted within 35 feet in front of a stop sign
not be planted within 15 feet from hydrants
not be planted within 15 feet from a utility or street light pole
not be planted within 15 feet of a driveway or curb cut
Large or medium trees which mature at 30 feet or taller shall
be spaced no less than 30 feet apart, unless part of a dense
screening planting Small trees which mature at 30 feet tall or
less shall be spaced no less than 25 feet apart, unless part
of a dense screening planting,
See also Ithaca’s Trees “Site Selection for Tree Planting” and
Appendix II: Standard Tree Planting Details “Minimum Spacing for
Street Trees”
c. For planting of trees or shrub in the city right of way or on
private property, no tree or shrub is to be planted directly under
or in competition with an existing large tree, or beneath building
overhangs.
3. PLANTING SITE CONSTRUCTION AND PREPARATION
a. Where it is practical to have a tree lawn in the city right of way,
tree lawns must be no less than 6 feet wide, but preferably
should be 8 to 12 feet wide
b. Tree pits created in the city right of way, which are surrounded
by pavement, shall have a minimum porous opening of at least
48 square feet (e.g. 6 feet by 8 feet, or 8 feet by 8 feet).
c. For all tree plantings, adequate soil volumes will be required
based on the tree species selected. Large or medium trees
which mature at 30 feet or taller shall have a minimum of 760
cubic feet of soil per tree. Small trees that mature at 30 feet tall
or less shall have a minimum of 335 cubic feet of soil per tree.
The opportunity for tree roots to grow into adjacent green space
can be used to help satisfy the soil volume requirement. See
also Ithaca’s Trees Appendix II: Standard tree planting details
“Structural soil breakout zone from narrow tree lawn to adjacent
property”
d. For planting of trees or shrubs in the city right of way where
existing soil is determined to be unsuitable by the City Forester,
suitable soil must be brought to the site. This imported soil must
adhere to Ithaca’s Trees Appendix I: Specifications “Planting
Soils Specification”. This may require replacing continuous
lengths of tree lawn, where areas have had utility installations
and/or compaction from construction vehicles or material
storage.
e. For planting of trees or shrub in the city right of way where new
tree lawn, tree pits or new planting areas are constructed, where
previously none existed and there is removal of pavement to
create the planting area, the area will be excavated to a depth of
2 feet and replaced with suitable soil (Ithaca’s Trees Appendix I:
Specifications “Planting Soils Specification”). The width and
length of the soil remediation will be adequate to reach the
recommended soil volumes based on the tree species selected
(see above 3. PLANTING SITE CONSTRUCTION AND
PREPARATION c. ). This may require complete replacement of
tree lawn soil.
f. Depending on site design and soil conditions, structural soil may
be required under sidewalks and in planting areas contiguous to
paved areas. The City Forester and/or the Director shall work
with the applicant to determine the need for structural soil, its
depth and extent of its use. See also Ithaca’s Trees Appendix II:
“Structural Soil Break-out Zone from Narrow Tree Lawn to
Adjacent Property”, “Typical Tree Planting Pit with Structural
Soil along Sidewalk”, and “Typical Tree Planting Island in a
Parking Lot with Structural Soil”
g. For planting of trees or shrub in the city right of way or on
private property, all plants shall be planted in the appropriate
season, generally spring or fall, as decided by the City Forester.
4. TREE AND SHRUB SPECIES SELECTION AND QUALITY
a. The City Forester and the Shade Tree Advisory Committee will be given
the opportunity to review and make comments on all plant selections and
planting soil specifications. Use of invasive species should be avoided.
Species selection should consider available soil volume, overhead
clearance and specific site conditions. For further guidance see also
Ithaca’s Trees “Tree Selection”
b. For the planting of trees in the city right of way, large trees maturing at a
height greater than 30 feet should be planted in all sites unless there are
primary electric lines overhead or other structural conflicts. Where a
conflict exists, trees maturing at a height of 30 feet or less should be
planted.
c. For the planting of trees in the city right of way, adequate soil volume must
he provided based on the tree species selected (also see 3. PLANTING
SITE CONSTRUCTION AND PREPARATION c. )
d. For the planting of trees in the city right of way, when possible, small trees
should have a mature shape and stature so that pedestrians may
eventually walk under them.
e. For all tree and shrub plantings, specifications shall adhere to the
American Nursery and Landscape Association ANSI Z60.1 nursery
standards. See also Ithaca’s Trees Appendix I: Specifications “Nursery
Stock Quality Guideline Specifications for Deciduous Street Trees”.
f. For all tree plantings, deciduous trees should be at least 1 1/2 inches
caliper (diameter at 12 inch above grade) at the time of planting. Size of
evergreen trees and shrubs may vary depending on location and species.
5. PLANTING
a. See also Ithaca’s Trees “Tree Planting”
b. All plant materials shall be installed to the following standards:
All planting beds for shrubs shall to be excavated to a
minimum depth of two feet.
Tree pits in lawn to be excavated to depth of the tree root
ball and shall be three times the width of the root ball in
all directions
All trees in lawn areas to receive a 3-inch deep covering
of mulch, covering at least the extent of the root ball.
Mulch must remain clear of the trunk of the tree. See also
Ithaca’s Trees Appendix II: Standard tree planting details
“Typical Tree Planting in Ordinary Soil”
B&B trees must have metal cages of the root ball
removed prior to planting and the biodegradable burlap
covering the root ball should be pulled down and
removed on at least the top 1/3 of the root ball. The
remainder can remain. If non biodegradable covering
material is used it must be completely removed from the
root ball.
At time of planting the topmost structural root of the root
ball should be no more than a few inches below the
finished grade, excess soil should be removed from the
top of the root ball so the trunk flare is clearly visible.
Guying is not generally required for newly planted trees.
Any trees that require guying will be done using nylon
straps (or similar) rather than wire in hose. Guying must
be removed after 1-2 years.
6. MAINTENANCE
a. All newly planted trees should have irrigation bags, which are to
be filled weekly during their first growing season.
b. A two-year guarantee for any tree or shrub is required.
Replacement of trees and shrubs that are dead dying or
seriously damaged is required for the first two years after project
completion.
c. The owner shall replace dead, dying and/or seriously damaged
plant materials of the approved site plan, within a reasonable
time period during the current (or immediate next) planting
season. Any other damaged or missing elements, including but
not limited to fences, bollards, signs, shrubs, street furniture,
etc., of the approved plan must be similarly replaced by the
owner. This will ensure that landscaping remains in compliance
with the final site plan as approved by the Planning and
Development Board.
7. CHANGES TO APPROVED SITE PLAN –
a. Notwithstanding any provision in this chapter or any other City ordinance or
regulation to the contrary, an approved site plan may not be modified without express
written approval of the Planning and Development Board except as approved by the
Director of Planning and Development or designee as specified herein above.
Section 2:
Section 276-C. entitled “Criteria for Automobile Parking Areas” is to be deleted and
replaced in its entirety with the following language:
C. CRITERIA FOR AUTOMOBILE PARKING AREAS. All parking areas shall be
designed in conformance with § 325-20 of the City Ordinance. The Board may
make such additional reasonable stipulations as it deems appropriate to carry out
the intention of this chapter.
1. PARKING AREAS IN RESIDENTIAL ZONING
DISTRICTS
a. In order to protect the character of residential areas, plans for
parking areas with the capacity of three or more cars within
residential zoning districts must conform to either the setback
compliance method or, at the discretion of the Planning Board,
the landscaping compliance method described respectively in §
325-20E(5)(a) and (b). Such plans must also comply with all
other general and specific standards of § 325-20. Where
turnarounds, or other maneuvering spaces not required for
access to parking spaces, are provided that meet minimum size
for a parking space, they shall be counted as a parking space
for the purposes of this subsection.
2. SCREENING OF PARKING AREAS
a. There shall be screening with a minimum eight-foot-wide
planting area or fences between a motor vehicle parking area
and adjacent properties and public ways, except where there is
motor vehicle parking that is shared by more than one property
or where commercial properties abut. In such cases the Board
may require landscaping as it deems appropriate.
3. DIVISION OF LONG ROWS OF PARKING SPACES
a. For parking areas with more than 30 adjacent interior parking
spaces in a row, the design must incorporate planting areas so
that there are no more than 10 continuous parking spaces
between planting areas.
4. INTERNAL PLANTINGS
a. In motor vehicle parking areas, a minimum of 25% of the interior
ground area (i.e., excluding any peripheral planting area) shall
be planting areas that include trees with a potential mature
height of at least 50 feet and a caliper of at least 1½ inches at
the time of planting. Interior planting areas shall be a minimum
of 80 ft2 of porous opening with no dimensions being less than
8 ft. The planter shall be curbed with a minimum 3ft depth of
excavation and shall have a minimum available soil volume of
760 ft3 of sandy loam soil (which may include structural soil
under adjacent pavement) allotted to each tree. See also
Ithaca’s Trees Appendix I: Specifications “Soil Volume for Trees
Surrounded by Pavement”.
5. PERVIOUS PAVING
a. Applicants are encouraged to design parking areas with
pervious paving when feasible. Use of pervious paving in
combination with structural soil that is accessible to tree roots, a
practice that supports the health and longevity of tree plantings,
is encouraged. See also Ithaca’s Trees Appendix II: “Typical
Tree Planting Island in a Parking Lot with Structural Soil”.
b. If porous pavement is used in conjunction with tree planting,
less interior parking area may be set aside for open tree
planting islands.
Section 3. Severability. Severability is intended throughout and within the provisions of
this ordinance. If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portion.
Section 4. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the Ithaca City Charter.
TO: Members of Common Council
FROM: JoAnn Cornish, Director of Planning and Development
DATE: May 25, 2017
RE: Proposed Revisions to the City of Ithaca Site Plan Review Ordinance Pertaining
to §276-7 B. Criteria for Tree Preservation, Plant Selection and Planting, Site
Construction, Plant Materials and Maintenance
Attached please find proposed revisions to the City of Ithaca Site Plan Review Ordinance
pertaining to §276-7 B. Criteria for Tree Preservation, Plant Selection and Planting, Site
Construction, Plant Materials and Maintenance as originally recommended by the City of
Ithaca Shade Tree Advisory Commission. The reasons for the proposed changes is to mandate
that private developers use best practices when adding landscape (trees and shrubs) to new
developments. Current site plan review landscape guidelines are minimal, and lack the
specifics necessary to ensure the health and survival of trees planted in the city right of way and
on private property.
Plantings are part of all approved site plans and are expected to be maintained throughout the
life of the project. The aesthetics as well as the benefits of newly installed plant materials
(screening, storm water management, energy conservation, air pollution reduction, shade, and
cooling of the urban heat island) are critical to mitigating the negative impacts of development.
These changes will benefit developers by informing them, at the beginning of the project, what
is expected and will need to be a part of the contract documents and specifications for the
project. Ultimately, it will save developers time and money as doing the planting correctly
from the start will ensure that the landscaping for their project will remain in healthy and in
compliance with their approved site plans.
The draft ordinance is attached for your review. At the March 8, 2017 meeting of the Planning
Committee, Planning Staff was given the directive to circulate the proposed draft revisions to
the City of Ithaca Site Plan Review Ordinance pertaining to §276-7 B. Criteria for Tree
Preservation, Plant Selection and Planting, Site Construction, Plant Materials and Maintenance
as originally recommended by the City of Ithaca Shade Tree Advisory Commission.
A public hearing was held for the proposed changes to the City of Ithaca Site Plan Review
Ordinance at the May 10, 2017 meeting of the Planning Committee and a vote was taken to
send the proposed changes to Common Council for consideration at their June 7, 2017 meeting.
CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, & ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
9.3 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 210
entitled “Housing Standards” Part 1, entitled “Residential Premises”, Article VII
entitled “Residential Rental Units” related to “Certificate of Compliance” in Order
to Mandate Display of a Valid Certificate of Compliance and Inclusion of a
Statement in Leases Stating Whether the Rental Unit has a Valid Certificate of
Occupancy
WHEREAS, the Common Council finds that there is a growing urgency to address the
lack of safe and affordable housing within the City of Ithaca; and
WHEREAS, the proposed changes to the Certificate of Compliance legislation would
tighten up the existing legislation by helping to empower tenants to know whether rental
units have a current Certificate of Compliance with the City of Ithaca; and
WHEREAS, it is the intention of these proposed changes to provide tenants, and the
City, with another tool to encourage more landlords to maintain valid Certificate of
Compliance’s for their rental units; now therefore
ORDINANCE 2017-
BE IT ORDAINED AND ENACTED by the Common Council as follows:
Chapter 210. Housing Standards, Part 1. Residential Premises, Article VII. Residential
Rental Units, § 210-43. Certificate of Compliance, A. (1), (2), be amended as follows:
Highlighted text to be added.)
A. All single-family or two-family rental dwellings shall be required to hold a valid
certificate of compliance. Such certificate shall be valid for a period of not more than five
years. Before the expiration of the certificate of compliance, it shall be the responsibility
of the owner of the rental property to schedule a housing inspection with the Building
Department in order to obtain a new certificate of compliance. All rental dwellings with
three or more units or rental dwelling units with five or more unrelated persons shall also
be required to hold a valid certificate of compliance. This certificate of compliance shall
be valid for a period of not more than three years. Prior to the expiration of the
certificate of compliance, it shall be the responsibility of the owner of the rental property
to schedule a housing inspection with the Building Department in order to obtain a new
certificate of compliance. All dormitories, fraternities and sororities shall be required to
hold a valid certificate of compliance. Such certificate shall be valid for a period of not
more than one year. Before the expiration of the certificate of compliance, it shall be the
responsibility of the owner of the rental property to schedule a housing inspection with
the Building Department in order to obtain a new certificate of compliance.
(1). The certificate of compliance shall be displayed in the main entryway of the
rental dwelling, and accessible for all tenants to see. If units do not have a central
entrance, the current certificate of compliance should be posted on the inside of a
kitchen cabinet in each unit.
(2). All rental dwelling leases must state whether the rental dwelling has a valid
certificate of compliance, its expiration date, and a current link to the certificate of
compliance database where the certificate of compliance can be verified, which can
currently be found at http://www.zhewiz.com/fmi/webd#CityOfIthacaBuildingList.
B. A certificate of compliance shall be issued upon verification by inspection that no
violations of the Building Code, Energy Code, City of Ithaca Municipal Code, City of
Ithaca Zoning Ordinance,[1] New York State Multiple Residence Law and any other
applicable codes and ordinances exist.
[1] Editor's Note: See Ch. 325, Zoning.
C. Certificates of compliance shall not be issued to:
(1) Any rental unit that is in violation of any applicable City or state code.
(2) Any rental unit located on a property for which there is an outstanding warrant
for a violation of any section of Chapter 178.
(3) Any rental unit which is not in compliance with all orders of the Director of
Planning and Development or designee.
[Amended 6-5-2013 by Ord. No. 2013-15[2]]
[2] Editor's Note: This ordinance provided for an effective date of 1-1-2014.
D. Failure of an owner of any rental unit to hold a valid certificate shall be deemed a
violation of the Housing Code, and such dwelling unit may be ordered by the Director of
Planning and Development or designee to be vacated until the property is brought into
compliance with this chapter.
[Amended 6-5-2013 by Ord. No. 2013-15[3]]
[3] Editor's Note: This ordinance provided for an effective date of 1-1-2014.
E. Verified over-occupancy will result in the immediate revocation of the certificate of
compliance.
Section 3. Severability. Severability is intended throughout and within the provisions of
this ordinance. If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portion.
Section 4. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the Ithaca City Charter.
"An Equal Opportunity Employer with a commitment to workforce diversification."
Ithaca Common Council
Josephine Martell, Fifth Ward
jmartell@cityofithaca.org
To: City of Ithaca Common Council
From: Josephine Martell
Date: May 30, 2017
RE: Proposed changes to Certificate of Compliance legislation
The proposed changes to the Certificate of Compliance (CoC) legislation reflect the growing urgency to
address the lack of safe and affordable housing within the City of Ithaca. The proposed changes would
tighten up the existing CoC legislation by helping to empower tenants to know whether rental units have a
current CoC with the City of Ithaca. The two proposed are changes are:
a) To require landlords to post a copy of the Certificate of Compliance in the main entry of the unit,
where it is visible for all tenants; and
b) To require that landlords disclose within their leases whether the CoC is valid, its expiration date,
and a current link to the CoC database, which is currently found at:
http://www.zhewiz.com/fmi/webd#CityOfIthacaBuildingList
It is the intention of these proposed changes to provide tenants, and the City, with another tool to
encourage more landlords to maintain valid CoC’s on their rental units. I’d like to thank Xavier Rusk, a
current member of the Rental Housing Advisory Commission, for first raising this issue with the City.
If you have any questions, please contact Josephine Martell at jmartell@cityofithaca.org or JoAnn Cornish
at jcornish@cityofithaca.org.
9.4 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325,
Entitled “Zoning,” To Establish the “323 Taughannock Boulevard Planned Unit
Development Zone”
WHEREAS, on March 2, 2016, the Common Council adopted legislation establishing a
Temporary Mandatory Planned Unit Development (TMPUD) for a period of 18 months
in the Waterfront Study Area; and
WHEREAS, on January 16, 2017, Rampart Real, LLC submitted a completed TMPUD
application; and
WHEREAS, the applicant is proposing construction of 16 apartments on Inlet Island, on
a 0.242 acre lot. The design is for 8 two story dwelling units each occupying the top
two floors of the building. On the bottom floor there is a studio or professional office
space for a maximum total of 16 units with up to 24 bedrooms. The applicant is
proposing zoning for the site that is virtually identical to the City’s adopted WF-2 zoning
ordinance, the main difference being that the 1st floor studio or office spaces will have
10’ high first floors as opposed to 12. However the finished grade will be raised 2 feet
to raise the building above the flood plain. The project includes an 8 space parking
area that is accessed through the adjacent City-owned parking lot. The project includes
some improvements to the city-owned parking lot including a partial re-design that will
create a net gain of 4 spaces and which will require approval by the Board of Public
Works. The project does not change the dimensions of the walkway along the Old
Cayuga Inlet, and improves the existing landscaping and lighting. The project may
require a permit from the NYS Department of Environmental Conservation (DEC) and
the NYS Canal Corporation. The project includes some improvements to the city-
owned parking lot which may require approval by the Board of Public Works; and
WHEREAS, in accordance with the adopted City process for consideration of a
planned unit development, the application was circulated to City boards and
committees, as well as to the County Planning Department as required by §239-l–m of
the New York State General Municipal Law, which requires all actions within 500 feet
of a county or state facility, including county and state highways, be reviewed by the
County Planning Department; and
WHEREAS, a public information session, hosted by the applicant, was held on
February 27, 2017, and again on March 30, 2017, (after the first public information
session was held, it was discovered that while the meeting had been advertised in the
paper and to other local media with the correct information, the post cards that were
sent to property owners within 500 feet had an incorrect date listed); and
WHEREAS, in order to ensure that there is adequate opportunity for public comment
on this proposal, the Planning Committee requested that a second public information
session be held prior to the Common Council vote; and
WHEREAS, a notice was posted in the Ithaca Journal on February 22, 2017, in order
to advertise a legal public hearing to be held on March 8, 2017; and
WHEREAS, the process for consideration of an application for a Planned Unit
Development requires that the applicant obtain an approval in concept from the
Common Council prior to beginning the site plan review process; and
WHEREAS, on April5, 2017, Common Council granted an approval in concept,
acknowledging that the applicant was able to begin the site plan review process; and
WHEREAS, in accordance with the TMPUD Ordinance, once a project receives a
negative declaration of environmental significance and final site plan approval, the
applicant will return to the Common Council for final consideration of the adoption of
the Planned Unit Development district; and
WHEREAS, the City of Ithaca Planning and Development Board being the local agency
which has primary responsibility for approving and funding or carrying out the action
did, on April 25, 2017, declare itself Lead Agency for the environmental review of the
project; and
WHEREAS, legal notice was published and property posted, and adjacent property
owners notified in accordance with Chapter 290-9 C. (1), (2), & (3) of the City of Ithaca
Code; and
WHEREAS: the Planning and Development Board held the required Public Hearing on
May 23, 2017; and
WHEREAS: the Planning Board, acting as Lead Agency in Environmental Review, did
on May 23, 2017, review and accept as adequate: a Full Environmental Assessment
Form (FEAF), Part 1, submitted by the applicant, and Parts 2 & 3 prepared by Planning
staff; drawings titled “Boundary & Topographic Map No. 323 Old Taughannock
Boulevard, City of Ithaca, Tompkins County, New York” dated 3-4-14 and prepared by
TG Miller PC, and “Site Demo Plan (L100)”, “Site Layout Plan (L101)”, “Grading Plan
(L102)”, “Planting Plan (L103)”, “Details (L501)”, “West and South Elevations (A201)’,
“North and East Elevations (A202)” and “Perspectives (A901)” dated 5-1-17 and
prepared by Stream Collaborative, and “Structural Foundation Plan (S101)” dated 1-
10-17 and prepared by Taitem, and other application materials; and
WHEREAS: this Board, has on May 23, 2017, reviewed and accepted as adequate: the
following revised drawings intended to address the Design Review Committee’s
comments: and untitled updated perspective drawing showing the addition of a second
rooftop lantern on the northernmost building dated 5-17-17, and “Context and
Inspiration” and “Exterior Features (3 sheets)”, all hand-dated 5-17-17 and all prepared
by Stream Collaborative; and
WHEREAS: the City of Ithaca Conservation Advisory Council, Tompkins County
Planning Department, and other interested parties have been given the opportunity to
comment on the proposed project and any received comments have been considered;
and
WHEREAS: that the City of Ithaca Planning and Development Board did, on May 23,
2017, determine that the proposed project would result in no significant impact on the
environment; and
WHEREAS, according to the City’s Comprehensive Plan, future development in the
waterfront area should include mixed uses , including commercial and housing, and
should maintain access to the water; and
WHEREAS, the proposed project contains 16 residential housing units, 8 of which can
be used as either studio apartments or rental office space, and maintains public access
to the water; now, therefore
ORDINANCE 2017-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325, Zoning, be amended as follows:
Section 1. Chapter 325 (“Zoning”), Section 325-13(“Reserved”) of the Municipal Code
of the City of Ithaca is hereby amended in order to establish the 323 Taughannock
Boulevard Planned Unit Development Zoning District. Section 325-13(B), shall read as
follows:
325-13. Planned Unit Development Zoning Districts
(B) 323 Taughannock Boulevard
1. Boundaries of Zoning District
a) The 323 Taughannock Boulevard Zoning District is hereby
established to consist of a tract or parcel of land, situate in the
City of Ithaca, County of Tompkins and State of New York, with a
physical address of 323 Taughannock Boulevard, bounded and
described as follows: Beginning at a point in the easterly street
line of NYS route 89 which point is 0.3 feet westerly of a large
diameter steel post and which point is a tie measurement of 409.7
feet plus or minus northerly from the intersection of the north line
of West Buffalo Street with the easterly street line of NYS Route
89; Thence North 06 degrees 27 minutes 00 seconds East along
the easterly street line of NYS Route 89 a distance of 66.36 feet
to a calculated point; Thence North 03 degrees 25 minutes 00
seconds East along the easterly street line of NYS Route 89 a
distance of 66 feet to calculated point; Thence North 00 degrees
57 minutes 00 seconds East along the easterly street line of NYS
Route 89 a distance of 16 feet to a calculated point marking the
southwest corner of a parcel of land owned by the City of Ithaca;
Thence South 88 degrees 03 minutes 00 seconds East along the
said lands of the City of Ithaca a distance of 59.46 feet to a point
marked by an iron pipe; Thence South 01 degrees 06 minutes 00
seconds West a distance of 82 feet to calculated point; Thence
South 88 degrees 03 minutes 00 seconds East a distance of
19.74 feet to a calculated point; Thence South 02 degrees 06
minutes 21 seconds West a distance of 65.84 feet to a point
marked by an iron pin; Thence North 88 degrees 15 minutes 00
seconds West a distance of 86.85 feet to the point and place of
beginning containing 10,529 sq. ft.
2. District Regulations
a) Permitted Primary Uses
1) Residential multi-family rental apartment, condominium or
cooperative.
2) Cultural facility, such as an art gallery or museum.
3) Business or professional office.
4) Retail store or service commercial facility.
5) Medical or dental office.
b) Permitted Accessory Uses-Parking
c) Off Street Parking Requirement-None
d) Off Street Loading Requirement –None
e) Minimum Lot Size-None
1) Area in Square Feet-None
2) Width in Feet at Street Line- 30’.
f) Maximum Building Height
1) Number of Stories-5
2) Height in Feet-63
g) Maximum Percent Lot Coverage by Buildings-100%,
h) Yard Dimensions
1) Front Yard Required Minimum-None
2) Side Yard Required Minimum-None
3) Other Side Yard Required Minimum-None
4) Rear Yard - Minimum setback from the Cayuga Inlet
(measured from the top of bank) is 10’
i) Minimum Building Height - 20’
Section 3:
Chapter 325, Section 325-5 of the Municipal Code of the City of Ithaca is hereby
amended to establish the boundaries of the 323 Taughannock Boulevard Planned Unit
Development Zoning District as seen on the attached map entitled 323 Taughannock
Boulevard Planned Unit Development Zoning District 5/5/17.
Section 4. The City Planning and Development Board, the City Clerk, and the Planning
and Economic Development Division shall amend the District Regulations Chart and
Map to add the 323 Taughannock Boulevard Planned Unit Development Zoning
District, in accordance with the amendments made by this ordinance.
Section 5. Severability. Severability is intended throughout and within the provisions of
this ordinance. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portion.
Section 6. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
ADOPTED RESOLUTION Site Plan Review
Preliminary & Final Approval Apartments (16 Units)
323 Taughannock Blvd
Planning & Development Board
May 23, 2017
WHEREAS: the City of Ithaca Planning and Development Board has one pending application for Site Plan
Review for a town house project to be located at 323 Taughannock Blvd. by Noah Demarest for Rampart Real
LLC, and
WHEREAS: the applicant is proposing construction of 16 apartments on Inlet Island, on a 0.242 acre lot. The
design is for 8 two story dwelling units each occupying the top two floors of the building. On the bottom floor
there is a studio or professional office space for a maximum total of 16 units with up to 24 bedrooms. The
applicant is proposing zoning for the site that is virtually identical to the City’s adopted WF-2 zoning ordinance,
the main difference being that the 1st floor studio or office spaces will have 10’ high first floors as opposed to
12. However the finished grade will be raised 2 feet to raise the building above the flood plain. The project
includes an 8 space parking area that is accessed through the adjacent City-owned parking lot. The project
includes some improvements to the city-owned parking lot including a partial re-design that will create a net
gain of 4 spaces and which will require approval by the Board of Public Works. The project does not change the
dimensions of the walkway along the Old Cayuga Inlet, and improves the existing landscaping and lighting, and
WHEREAS: the project site is in an area currently under study for an Area Plan as a part of the Phase II of the
Comprehensive Plan. Since this planning effort will result in changes in zoning requirements in this area, the
City rezoned the entire area to a Temporary Mandatory Planned Unit Development (TMPUD) Zone, until the
Area Plan is complete. Therefore, the project sponsor has also applied to Common Council for a TMPUD. The
project may require a permit from the NYS Department of Environmental Conservation (DEC) and the NYS
Canal Corporation. The project includes some improvements to the city-owned parking lot which may require
approval by the Board of Public Works, and
WHEREAS: this is a Type I Action under the City of Ithaca Environmental Quality Review Ordinance
(“CEQRO”) §176-4 (1) (h)[2] and (k) and the State Environmental Quality Review Act (“SEQRA”) § 617.4 9
(b) (11) and is subject to environmental review, and
WHEREAS: NYS Department of Environmental Conservation, NYS Canal Corporation, City of Ithaca Board
of Public Works, City of Ithaca Common Council, and Tompkins County Department of Health, all potentially
involved agencies, have consented to the City of Ithaca Planning and Development Board’s being Lead Agency
for this project, and
WHEREAS: the City of Ithaca Planning and Development Board being the local agency which has primary
responsibility for approving and funding or carrying out the action did, on April 25, 2017, declare itself Lead
Agency for the environmental review of the project, and
WHEREAS: legal notice was published and property posted, and adjacent property owners notified in
accordance with Chapter 290-9 C. (1), (2), & (3) of the City of Ithaca Code, and
WHEREAS: the Planning and Development Board held the required Public Hearing on May 23, 2017, and
WHEREAS: this Board, acting as Lead Agency in Environmental Review, has on May 23, 2017, reviewed and
accepted as adequate: a Full Environmental Assessment Form (FEAF), Part 1, submitted by the applicant, and
Parts 2 & 3 prepared by Planning staff; drawings titled “Boundary & Topographic Map No. 323 Old
Taughannock Boulevard, City of Ithaca, Tompkins County, New York” dated 3-4-14 and prepared by TG
Miller PC, and “Site Demo Plan (L100)”, “Site Layout Plan (L101)”, “Grading Plan (L102)”, “Planting Plan
(L103)”, “Details (L501)”, “West and South Elevations (A201)’, “North and East Elevations (A202)” and
“Perspectives (A901)” dated 5-1-17 and prepared by Stream Collaborative, and “Structural Foundation Plan
(S101)” dated 1-10-17 and prepared by Taitem, and other application materials, and
WHEREAS: The Design Review Committee reviewed the project on 5-16-17 and had the following comments:
The waterfront character for the building has been weakened in the submission dated 5-1-17,
and
The roofline is too large for the lanterns. Either break up the roof (as in a previous design) or
increase the size and/or number of lanterns. It was also suggested that the previous features of
the lanterns be restored, and
The rooflines are not congruent, and
The building previously had a stronger vertical element that added to its character. This element
should be incorporated into the design, and
The suspended canopies should be enlarged for the comfort of those using the adjacent
walkway, and
The materials have not been finalized but the applicant intends to use and irregular/varied stone
base and 5’ clapboard, and
The applicant should provide a roof plan for site plan review, and
The applicant should explore the use of a green screen on the front façade of the southern-most
building as there is no room for a planting bed, and
WHEREAS: this Board, has on May 23, 2017, reviewed and accepted as adequate: the following revised
drawings intended to address the Design Review Committee’s comments: and untitled updated perspective
drawing showing the addition of a second rooftop lantern on the northernmost building dated 5-17-17, and
“Context and Inspiration” and “Exterior Features (3 sheets)”, all hand-dated 5-17-17 and all prepared by Stream
Collaborative, and
WHEREAS: the City of Ithaca Conservation Advisory Council, Tompkins County Planning Department, and
other interested parties have been given the opportunity to comment on the proposed project and any received
comments have been considered, and
WHEREAS: that the City of Ithaca Planning and Development Board did, on May 23, 2017, determine that the
proposed project would result in no significant impact on the environment, now, therefore, be it
RESOLVED: that the Planning Board does hereby issue preliminary and final site plan approval subject to the
following conditions:
i. Approval of the Common Council of the proposed TMPUD, and
ii. Submission of revised keyed and colored elevations responding to the above- referenced comments of the
Design Review Committee on May 16. 2017, and
iii. Submission of Floorplans, and
iv. Submission of building materials samples, and
v. Any work in the City Right of Way will require a Street Permit, and
vi. Transformer, if needed, will be located such that it is not visible from the public right of way, and
vii. Bike racks must be installed before a certificate of occupancy is granted, and
viii. A Staging Plan must be approved by Building and Engineering before issuance of a building permit, and
ix. This site plan approval does not preclude any other permit that is required by City Code, such as sign
permits, tree permits, street permits, etc. and
x. The applicant shall return in June to the regular Planning Board meeting with the documentation requested
above so that the Board may confirm that documentation is consistent with this approval.
Moved by: Schroeder
Seconded by: Jones-Rounds
In Favor: Blalock, Johnston, Jones-Rounds, Lewis, Schroeder
Against: None
Abstain: None
Absent: Elliot
Vacancies: One
10. CITY ADMINISTRATION COMMITTEE:
10.1 Authorization to Enter into a Memorandum of Understanding with Friends
of Stewart Park - Resolution
WHEREAS, the City of Ithaca purchased Stewart Park from the Renwick Park and
Traffic Association on July 4, 1921, and the City has continuously owned and operated
Stewart Park since such purchase; and
WHEREAS, in recognition of Stewart Park’s centennial anniversary in 2021, Friends of
Stewart Park (hereinafter “FSP”) a non-profit organization with the mission of revitalizing
Stewart Park, requested a formal agreement with the City to govern the relationship with
the City and improvements to Stewart Park; and
WHEREAS, the City is in the process of studying and developing a master plan for all
City parks, and FSP is developing its Stewart Park Revitalization Plan, which
encompasses the organization’s goals for preserving and bringing new life to Stewart
Park; and
WHEREAS, FSP anticipates fundraising efforts to support completion of Revitalization
Plan projects on or before the Stewart Park centennial anniversary in 2021; and
WHEREAS, the City wishes to execute an agreement that recognizes a public/private
partnership between the City and FSP to govern these revitalization efforts and provide
structure as to how the City and FSP will work together in completion of projects in
Stewart Park; now, therefore be it
RESOLVED, That Common Council supports the City’s partnership with Friends of
Stewart Park; and, be it further
RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized to
execute a memorandum of understanding with Friends of Stewart Park to memorialize
the roles and processes the parties will implement to accomplish the parties’ shared
Stewart Park revitalization goals and projects.
FRIENDS OF STEWART PARK 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,”
• FRIENDS OF STEWART PARK, INC., a domestic not-for-profit corporation in the State of New
York, with offices at 1001 West Seneca Street, Suite 101, Ithaca, New York 14850, hereinafter “FSP,”
WITNESSETH THAT:
WHEREAS, the CITY purchased Stewart Park from the Renwick Park and Traffic Association on July
4, 1921, and the City has continuously owned and operated Stewart Park since such purchase; and
WHEREAS, FSP is a private not-for-profit organization formed in 2011 with the mission to revitalize
and maintain Stewart Park in collaboration with the City and other community stakeholders; and
WHEREAS, in fulfillment of its organizational mission, FSP endeavors to realize certain
improvements to Stewart Park to celebrate Stewart Park’s centennial anniversary as a City-owned park
on July 4, 2021;
WHEREAS, the City supports and shares FSP’s goals to enhance park facilities and to increase
opportunities for the public’s use and enjoyment of Stewart Park; therefore
IN CONSIDERATION OF the promises, covenants and agreements contained herein, the parties
hereby agree as follows:
1. Partnership: By executing this agreement the parties intend to affirm the public/private
partnership between the City and Friends of Stewart Park to revitalize and maintain Stewart
Park, and to provide structure and process to define how the parties will work together.
2. Final Authority: Notwithstanding the foregoing, the parties acknowledge and understand that,
as owner of Stewart Park, the City is solely responsible for maintenance, improvement and
development of the park. As such, all decisions concerning maintenance, improvement and
development of park features are subject to the City’s approval processes and prioritization of
projects.
3. Planning Coordination: Friends of Stewart Park is in the final stages of developing the Stewart
Park Revitalization Plan, hereinafter SPRP, which describes a variety of projects to preserve,
improve, maintain, and bring new life to Stewart Park. The City is also undergoing a Master
Plan study for Stewart and Cass Parks (“Parks Master Plan”), with the Parks Master Plan study
completion expected in the summer of 2017. FSP will finalize its SPRP and submit to the
City’s Parks Master Plan consultants for consideration and potential incorporation into the
Master Plan for Stewart Park.
4. Prioritization: FSP is engaged in fundraising campaigns for completion of FSP’s targeted
projects by or before the Stewart Park centennial anniversary in 2021. The parties agree that
FSP’s intended revitalization projects may generally overlap with the City’s priorities for
Stewart Park, but the City’s requirements and considerations as owner of the park ultimately
will drive the priority of projects within Stewart Park.
5. Communication: The parties agree to meet regularly to discuss and coordinate, where
applicable, potential grant opportunities, projects for development, and maintenance concerns.
The City shall designate one or more staff representative(s) to serve as the City’s primary and
initial point of contact for purposes of fostering communication and coordination with FSP.
6. City-Funded Projects: As to projects financed completely by City funds or funds secured by
City-staff, the City shall generally advise FSP of grants applied for by the City that would
benefit Stewart Park and offer FSP reasonable opportunities to provide advice and
recommendations to the City as to the design and development of the City-funded project in
order to maximize the likelihood that the City-funded project will support park revitalization
goals.
7. FSP-Funded Projects: The following provisions shall apply to any proposed Stewart Park
improvements initiated or funded by the Friends of Stewart Park:
a. FSP 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 FSP, in order to
avoid a situation where the City must decline receipt of a grant already awarded, because of
such 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.
b. As to projects financed in part by FSP or funds secured by FSP, FSP shall initially meet
with the designated City staff representative(s) to propose the FSP-funded project. The
City, through its staff representative(s), shall provide input concerning the proposed project
and its feasibility for fitting into the City’s Parks Master Plan for Stewart Park. Upon initial
City staff approval of the proposed FSP-funded project, FSP shall bring the proposed
project to the City Parks Commission, Board of Public Works, and any other City official,
board or committee required or advisable for preliminary approval of the project. After
obtaining all required preliminary approvals, FSP and City staff will determine whether the
project will be completed or managed by FSP or City forces, work with Department of
Public Works staff to evaluate and develop a plan for continuing maintenance of the
project, and evaluate funding considerations related to City budgetary constraints, including
ongoing maintenance costs, and any applicable grant or other relevant FSP-donor-related
considerations.
c. As to projects completed or managed and funded wholly by FSP, FSP must secure all
required approvals set forth above and as finally determined by City staff. Depending on
the scope or scale of the project, City approval of the project may be contingent upon FSP’s
provision of funding, to be held in escrow by the City, for the maintenance, repair and
upkeep needs of the project. FSP may also be required to comply with statutes and laws
applicable to “public work,” as that term is used and defined by New York state law. The
foregoing shall not apply to FSP’s beautification efforts around the mayor’s flagpole,
playground plantings, and front entrance, nor other volunteer efforts as approved by the
City from time to time.
d. As to projects completed or managed by the City, the City shall be solely responsible for
approving, awarding, administering and amending any contract for design, construction,
repair or maintenance of the same. The City shall communicate any anticipated, substantive
changes in the project to the FSP, so that FSP can determine if the project, with the
proposed changes, will still meet any applicable grant obligations and requirements, with
the proposed changes. FSP shall promptly notify the City of any concern that proposed
changes would jeopardize grant compliance, and the City shall make every reasonable
effort to avoid such an outcome. Depending on the scope or scale of the project, City
approval of the project may be contingent upon FSP’s provision of funding, to be held in
escrow by the City, for the maintenance, repair and upkeep needs of the project.
e. Where FSP agrees to provide funding to the City for an approved project or generally to
promote the maintenance and upkeep of Stewart Park, the City shall designate or establish a
capital project. Use of such funds shall be restricted to the uses established by the City
Common Council in creating the capital project, but generally, may be used for design,
professional services, construction costs, and other expenses related to the capital project.
f. Prior to the solicitation by the City of bids for any construction or purchase contract for a
Stewart Park project that is funded, at least in part, by funds secured by FSP, the parties
shall complete a payment schedule pursuant to which the City will receive from the FSP the
monies necessary to complete construction of the project. The parties agree that each shall
use best efforts to ensure that the intended project is completed in a reasonably timely
fashion.
g. Following completion of a project managed or funded by FSP, FSP agrees to turn over
ownership to the City, together with all warranties and representations of the designers,
manufacturers, and construction contractors that are assignable to the City and such
improvements shall thereafter be and remain City property. The City reserves the right to
repair, modify or remove the improvement at any time without cause.
8. Playground Reconstruction, specifically:
a. Through the efforts of FSP, New York State Assemblyperson Barbara Lifton’s office
nominated $1 million to fund the reconstruction of the Stewart Park playground
(“Playground Grant Project”).
b. For purposes of administering the Playground Grant Project, the City designates the
following individuals as staff representatives for the City (“Staff Representatives”):
i. JoAnn Cornish, Director of Planning, Building, Zoning, & Economic
Development; telephone: 274-6550; e-mail: jcornish@cityofithaca.org
ii. Tim Logue, Director of Engineering; telephone: 274-6535; e-mail:
tlogue@cityofithaca.org
c. The parties anticipate and agree that the Playground Grant Project will be funded
primarily through a New York State reimbursement grant requiring the City to serve as
grant recipient; as such, the City must confirm its ability to meet all grant requirements
prior to acceptance of the awarded grant. Prior to the City’s acceptance and execution of
any relevant grant agreement:
i. FSP shall promptly deliver to the Staff Representatives any agreements,
notices, requirements or other communications concerning the applicable
grant(s), including any and all terms or conditions to enable Staff
Representatives to assess the City’s ability to comply with the grant terms.
ii. Staff Representatives shall identify potential concerns with respect to grant
compliance.
iii. The parties agree to work collaboratively to address concerns with respect to
the City’s ability to comply with the grant. Notwithstanding the foregoing, the
parties agree that as the grant recipient, through its Staff Representatives, the
City in its sole reasoned discretion shall assess and make a determination as to
ability to comply with grant conditions.
d. Approvals and Review:
i. FSP shall initially meet with the Staff Representatives to propose the
playground reconstruction plans. The City’s Staff Representatives shall
provide input concerning the proposed plans.
ii. Upon the Staff Representatives’ initial approval of the proposed playground
plans, FSP agrees to submit plans and related documents to the committees
and boards according to the schedule incorporated here as Exhibit A, and as
set forth below:
1. FSP shall submit initial plans to Parks Commission and the Disability
Advisory Council for review and comment.
2. FSP, in its reasoned discretion, will incorporate comments received from
Parks Commission and Disability Advisory Council into the project’s
Site Plan Review application and request to the Board of Public Works
to modify a City park.
3. The City through its Planning Board and Board of Public Works, in
consultation with the Staff Representatives, shall declare a lead agency
for purposes of the environmental review. FSP will prepare all
environmental review documentation and submit to the Conservation
Advisory Council for comment. Staff Representatives will ensure that
the City complies with applicable State and City environmental review
regulations.
4. FSP shall coordinate with City staff representatives as to the scale and
general appearance of any donor recognition or naming rights; however,
the parties acknowledge and agree that a finalized proposal concerning
any donor recognition or naming rights must be submitted to Common
Council for review and approval.
e. Resources and Division of Roles in Project Management:
i. FSP’s fundraising campaign will fund the balance needed to complete the
playground, over and above the $1 million state grant award to the
City. Current preliminary estimates project that the balance needed is
$680,000. FSP, in coordination with the Staff Representatives, shall establish
a budget for the Playground Grant Project (“Project Budget”) taking into
account available grant and FSP funds. In the event that the actual costs of the
Playground Grant Project exceed the amount of the Project Budget, solely FSP
shall be responsible for obtaining additional funds or scaling the project
accordingly.
ii. Upon satisfaction of subsections (c) and (d) above, the City shall seek
approval from Common Council to establish a capital project for the
Playground Grant Project in the amount of $1 million. In no event shall the
City be responsible for any costs or amounts due on the Playground Grant
Project beyond funds appropriated and available in the capital project.
iii. FSP shall contract for and provide all design work, including survey and
geotechnical investigations at FSP’s sole cost. Also at its cost, FSP agrees to
prepare all documents required for permitting of construction and any other
applicable governmental or regulatory approvals, including but not limited to
the following: Stormwater Pollution Prevention Plan, Department of Health,
Department of Environmental Conservation, and New York State Parks,
Recreation, and Historic Preservation.
iv. FSP shall provide a cost estimate to the City that includes a contingency fund
of 5% or greater, a maintenance estimate, and schedule for ongoing utility
(water and electrical) responsibilities and payment. In the event that FSP’s
cost estimate exceeds $1 million, FSP agrees to donate the difference to the
City capital project to advance the project.
v. Upon the City’s approval of FSP’s cost estimate, final design and bid
documents, the City shall advertise and let the project. The City will enter into
contracts for construction in accordance with General Municipal Law 103.
vi. The City agrees to provide staffing to oversee construction, but, in
coordination with the City, FSP shall provide all contract administration and
inspection work (e.g., approving submittals, maintaining daily work reports,
ensuring compliance with plans and specifications, preparing pay applications,
etc.) at its cost.
vii. FSP agrees to use a standardized agreement with its consultants and
contractors to provide for the Playground Grant Project work. FSP shall
submit such agreement(s) to the City for approval of form and substance.
f. At the completion of construction of the Playground Grant Project, the playground and
all fixtures and items constructed or installed to support the playground shall become
the property of the City.
9. FSP Financial Guidelines: FSP agrees to the following principles:
a. FSP agrees to be open and transparent about the percentage of funds apportioned to FSP’s
campaign consultant and other FSP overhead costs, and for each project will cap those costs
at an amount not in excess of 12%--and shall endeavor to maintain those costs under 10%--
of all funds donated under the applicable campaign;
b. FSP shall not offer or represent that donors may place advertisements within the park;
however, FSP may inform potential donors that naming rights or donor acknowledgement
may be available upon approval by Common Council, Board of Public Works, and Parks
Commission;
c. FSP agrees to designate a maintenance fund or endowment with any funds that are in
excess of the amount needed for construction to be reserved to support the City’s
ongoing maintenance of park improvements.
10. Termination: Either party may terminate this Agreement upon giving the other party 90 days'
prior written notice of such termination.
11. Entire Agreement: 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. Applicable Law and Venue: 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. Counterparts: 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.
14. Notice: 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:
Megan Wilson, Planner AND City Attorney
108 E. Green Street 108 E. Green Street
Ithaca, NY 14850 Ithaca, NY 14850
(607) 274-6560 (607) 274-6504
mwilson@cityofithaca.org attorney@cityofithaca.org
- For FRIENDS OF STEWART PARK, INC.:
Rick Manning, Executive Director
1001 West Seneca Street, Suite 101
Ithaca, New York 14850
rick@friendsofstewartpark.org
607-592-4647
SIGNED:
CITY OF ITHACA
By: ______________________________________ Date: ________________________
Print Name: ________________________________
Title: _____________________________________
FRIENDS OF STEWART PARK, INC.
By: ________________________________________ Date: _________________________
Print Name: _________________________________
Title: _______________________________________
10.2 Opposition to Proposed 2018 Federal Government Budget - Resolution
WHEREAS, President Trump’s Budget Blueprint for 2018 has proposed to move $54
billion from human and environmental spending at home and abroad to military
spending, bringing military spending to well over 60% of federal discretionary spending;
and
WHEREAS, the federal budget proposed by President Trump would eliminate or
drastically reduce funding for programs that provide critically important assistance to
Ithaca’s low income residents, including, but not limited to, "Meals On Wheels" for
seniors, transit, and affordable housing; and
WHEREAS, polling has found a majority of the American public favors reducing military
spending; and
WHEREAS, part of helping alleviate the refugee crisis should be ending, not escalating
wars that create refugees; and
WHEREAS, President Trump himself admits that the enormous military spending of the
past 16 years has been disastrous and made us less safe, not safer; and
WHEREAS, a fraction of the proposed military budget could provide free, top-quality
education from pre-school through college, end hunger and starvation on Earth, convert
the U.S. to clean energy, provide clean drinking water everywhere it’s needed on the
planet, build fast trains between all major U.S. cities, and double non-military U.S.
foreign aid rather than cutting it; and
WHEREAS, 121 retired U.S. Generals have written a letter opposing cutting foreign aid;
and
WHEREAS, a United States responsible for providing clean drinking water, schools,
medicine, and solar panels to others would be more secure and face far less hostility
around the world; and
WHEREAS, our environmental and human needs are desperate and urgent; and
WHEREAS, economists at the University of Massachusetts at Amherst have
documented that military spending is an economic drain rather than an effective jobs
program; now, therefore be it
RESOLVED, That the City of Ithaca urges U.S. Representative Thomas Reed, and U.S.
Senators Charles Schumer and Kirsten Gillibrand to move our tax dollars in exactly the
opposite direction proposed by the President, from militarism to human and
environmental needs.
1 “Trump to Seek $54 Billion Increase in Military Spending,” The New York Times, February 27, 2017,
https://www.nytimes.com/2017/02//us/politics/trump-budget-military.html
1 This does not include another 6% for 27the discretionary portion of veterans’ care. For a breakdown of discretionary spending in the 2015
budget from the National Priorities Project, see https://www.nationalpriorities.org/campaigns/military-spending-united-states
1 http://vop.org/wp-content/uploads/2016/03/Defense_Budget_Report.pdf
1 “43 Million People Kicked Out of Their Homes,” World Beyond War, http://worldbeyondwar.org/43-million-people-kicked-homes / “Europe’s
Refugee Crisis Was Made in America,” The Nation, https://www.thenation.com/article/europes-refugee-crisis-was-made-in-america
1 On February 27, 2017, Trump said, “Almost 17 years of fighting in the Middle East . . . $6 trillion we’ve spent in the Middle East . . . and we’re
nowhere, actually if you think about it we’re less than nowhere, the Middle East is far worse than it was 16, 17 years ago, there’s not even a
contest . . . we have a hornet’s nest . . . .”
http://www.realclearpolitics.com/video/2017/02/27/trump_we_spent_6_trillion_in_middle_east_and_we_are_less_than_nowhere_far_worse
_than_16_years_ago.html
1 “Free College: We Can Afford It,” The Washington Post, May 1, 2012, https://www.washingtonpost.com/opinions/free-college-we-can-afford-
it/2012/05/01/gIQAeFeltT_story.html
1 “The World Only Needs 30 Billion Dollars a Year to Eradicate the Scourge of Hunger,” Food and Agriculture Organization of the United Nations,
http://www.fao.org/newsroom/en/news/2008/1000853/index.html
1 “Clean Energy Transition Is A $25 Trillion Free Lunch,” Clean Technica, https://cleantechnica.com/2015/11/03/clean-energy-transition-is-a-25-
trillion-free-lunch / See also: http://www.solutionaryrail.org
1 “Clean Water for a Healthy World,” UN Environment Program,
http://www.unwater.org/wwd10/downloads/WWD2010_LOWRES_BROCHURE_EN.pdf
1 “Cost of High Speed Rail in China One Third Lower than in Other Countries,” The World Bank, http://www.worldbank.org/en/news/press-
release/2014/07/10/cost-of-high-speed-rail-in-china-one-third-lower-than-in-other-countries
1 Non-military U.S. foreign aid is approximately $25 billion, meaning that President Trump would need to cut it by over 200% to find the $54
billion he proposes to add to military spending
1 Letter to Congressional leaders, February 27, 2017,
http://www.usglc.org/downloads/2017/02/FY18_International_Affairs_Budget_House_Senate.pdf
1 “The U.S. Employment Effects of Military and Domestic Spending Priorities: 2011 Update,” Political Economy Research Institute,
https://www.peri.umass.edu/publication/item/449-the-u-s-employment-effects-of-military-and-domestic-spending-priorities-2011-
update
April 19th, 2017
Dear Ithaca City Council Members,
We request that the Ithaca City Common Council and Mayor Svante Myrick join a national
campaign of US cities passing resolutions to oppose the $54 billion increase Trump has
proposed in military spending. We, of the Ithaca Catholic Workers, are reaching out to many
Ithaca communities of faith and organizations so that our Mayor and the Common Council can
pass a City of Ithaca resolution with a broad base of support.
We are asking that 2 city council members and their committees sponsor this resolution (see
below) which needs passing by early June, before the 85th National Conference of Mayors
meeting in Miami, on June 19-22.
The additional 10% increase in military spending would mean 60% of our taxes would go to
weapons and war. As you well know, it would come at the expense of massive cuts to the EPA,
education, humanitarian aid, and human services, cuts in programs such as meals-on-wheels
and after school programs. It would mean the production of more drones, more Cruise missiles,
more military hardware, and more death. We want Ithacans to join others speaking out against
this injustice.
The cities of New Haven, CT, Charlottesville, VA, and Montgomery County, MD, have
already passed city resolutions opposing the Trump budget’s moving of money from everything
else to the military, urging that money be moved back to the needs of our communities.
With your help, Ithaca can do the same.
We thank you in advance for your speedy response in support of this national resolution. See
below the national joint organizational statement opposing the $54 billion.
The Ithaca Catholic Worker
10.3 A Resolution Authorizing the Issuance of an Additional $1,178,000.00
Bonds Of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost
Of the Design and Replacement of the North Aurora Street Bridge Over
Cascadilla Creek Project in and for Said City
WHEREAS, the capital project hereinafter described has been determined to be a Type
II Action pursuant to the regulations of the New York State Department of
Environmental Conservation promulgated pursuant to the State Environmental Quality
Review Act, the implementation of which as proposed, such regulations provide will not
result in any significant adverse effect; and
WHEREAS, it is now desired to authorize additional bonds for the financing thereof;
now, therefore be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the specific object or purpose of paying part of the cost of the design
and construction of the replacement of the North Aurora Street Bridge over Cascadilla
Creek Project in and for the City of Ithaca, Tompkins County, New York, including
incidental improvements and expenses in connection therewith, there are hereby
authorized to be issued an additional $1,178,000 bonds pursuant to the provisions of
the Local Finance Law, which specific object or purpose is hereby authorized at a new
maximum estimated cost of $1,392,000.
Section 2. The plan for the financing of such $1,392,000 maximum estimated cost is
as follows:
a) By the issuance of the $214,000 bonds of said City heretofore authorized to be
issued therefor pursuant to a bond resolution dated January 6, 2016; and
b) By the issuance of the additional $1,178,000 bonds of said City herein
authorized; provided, however, that the amount of obligations ultimately to be issued will
be reduced by any State and/or Federal grants-in-aid to be received by said City for
said purpose.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is twenty years, pursuant to subdivision 10 of
paragraph a of Section 11.00 of the Local Finance Law, computed from February 19,
2016, the date of the first bond anticipation note issued therefor pursuant to the
aforesaid bond resolution dated January 6, 2016. Section 1(i) of said bond resolution is
hereby amended to increase the period of probable usefulness to that stated herein.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 5. Such bonds shall be in fully registered form and shall be signed in the
name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile
signature of the City Controller and a facsimile of its corporate seal shall be imprinted or
impressed thereon and may be attested by the manual or facsimile signature of the City
Clerk.
Section 6. The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the City Controller, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner
as the City Controller shall deem best for the interests of the City.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty days after the date of such
publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 10. This resolution, which takes effect immediately, shall be published in
summary form in the Ithaca Journal, the official newspaper, together with a notice of the
City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
"An Equal Opportunity Employer with a commitment to workforce diversification."
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-5690
Office of City Controller
Telephone: 607 / 274-6576 Fax: 607 / 274-6415
M E M O R A N D U M
TO: City Administration Committee
FROM: Steve Thayer, City Controller
RE: Bond Resolution Request, CA Meeting, May 17, 2017
DATE: May 11, 2017
The City normally borrows funds twice a year, namely in February and July.
This request is to approve the authorization of Capital Projects approved by Common Council since
our last authorization in December 2016. The projects needed for authorization include projects
approved since January 2017 and any previously authorized projects not yet included in a bond
resolution. All projects are issued on a cash flow need basis, meaning, that the funds will be issued
over the next six months as cash is needed for the projects.
Attached you will find the projects needed for authorization in the amount of $1,178,000. My
concerns related to the City’s heavy debt load continue. While we are not in the red flag danger
area, we need to find ways to reduce the high amount of debt we currently have. We are in the 70%
to 75% of expended debt limit area. At 90% of debt limit exhausted, the red flags are raised. Going
forward, the high annual debt service costs will restrict the use of City funds on other areas. By law,
we are required to pay our debt first. We did make a little reduction in our debt load over the last
year. Our current debt outstanding, including this issue, is $129,730,883. While $61,427,365 of our
outstanding debt is related to water, sewer or wastewater and is exempt from debt limit, we still have
a significant amount of general outstanding debt, $68,303,518. It’s important to note that some of
our debt is borrowed upfront and will be later repaid from state and federal sources. The amount of
reimbursement for federal and state aid will range from $5,000,000 to $8,000,000.
We have not received the resolutions from the bonding attorney, but we will send them out and soon
as they are available in May.
The total issuance for late July will be $200,000, plus renewal of the Bond Anticipation Notes
(BANs) coming due. Of the new money, all $200,000 is needed for General Fund purposes.
Interest rates are starting to rise since our last issue in February. Our interest rate in February was
1.1%. The market is currently in a somewhat volatile condition, and the economy remains uncertain
at this time. We expect to borrow funds through BANs at interest rates between 1% and 2%. The
investment rate we are able to retain is lower and is currently around .13%. We will continue to look
at the possibility of going long-term with some of our debt, as long-term rates are still favorable at
this time, around the 4% mark. Issuing funds now will allow us to take advantage of the lower
Page 2
RE: Bond Resolution Request, CA Meeting, May 17, 2017
DATE: May 11, 2017
interest rates. We will be re-rated as part of our debt issuance and there is always a possibility of a
lower rating which would increase our interest rates for the future.
Interest rates are low for short-term borrowing with a bond rating of Aa or better. Our current bond
rating is AA2 as rated by Moody’s Investor Services. This rate is two rates below a top AAA rating.
Our rate of Aa2 is still a solid investment grade rating. While the interest rate market is still
favorable for borrowing, you must be able to afford it. We expect at some point these interest rates
will start to increase more significantly. This increase will translate into higher debt interest rate
costs for us and put even more strain on our budgets.
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Alderperson Brock – Resolution Authorizing (1) To Request Amicus Curiae
Status In The Matter Of Riverkeeper, Inc.; Cortland-Onondaga Federation Of
Kettle Lake Associations, Inc.; Sierra Club; Theordore Gordon Flyfishers, Inc.;
And Waterkeeper Alliance, Inc., V. Basil Seggos, In His Capacity As
Commissioner Of The New York State Department Of Environmental
Conservation, And New York State Department Of Environmental Conservation;
And (2) Entering Into A Retainer Agreement For This Purpose With Legal Counsel
WHEREAS, the City of Ithaca Common Council is concerned about the impacts on its
community of the recently adopted New York State Department of Environmental
Conservation (“DEC”) Clean Water Act General Permit (“General Permit”) for
Concentrated Animal Feeding Operations (“CAFOs”); and
WHEREAS, CAFO is the legal term for large animal factories, where at least hundreds
of animals – in New York, mostly dairy cows – are maintained in confined areas for at
least part of the year with food being brought in, and General Permits apply to
operations with 300 or more mature dairy cows and/or operations that discharge
pollutants into the waters of the State; and
WHEREAS, an average dairy cow produces over 120 pounds of manure per day, as
compared to an average household of four people which produces about one pound of
sewage waste per day, waste from just one of the smallest CAFOs covered by the
General Permit (with 200 cows) is comparable to the amount of sewage produced by a
city of 96,000 which is similar in size to the City of Albany (98,000 people in 2016); and
WHEREAS, human waste generated in cities is treated in wastewater treatment plants
that operate year-round, whereas dairy cow sewage is usually held in lagoons until it is
spread on fields which poses a significant risk to the environment, a risk that is
heightened by the fact that many lagoons are un-lined and, thus, can leach pollutants
into the groundwater; and
WHEREAS, if not properly managed, stored, and disposed of, waste generated by
CAFOs has the potential to cause significant harm to human health and the
environment, as improper management of waste from dairy CAFOs is associated with
the release of nitrogen, phosphorus, ammonia, and human pathogens, and such
releases can contaminate ground and surface water, impact drinking water supplies,
and cause algal blooms, fish kills and human illness; and
WHEREAS, the Federal Clean Water Act sets out requirements for dairies and other
industrial animal operations for managing animal waste, including: developing and
implementing nutrient management plans (“NMPs”), enforceable safeguards against
water pollution, review and approval by impartial state experts, and availability of NMPs
for public review, and while the New York State DEC is responsible for issuing a
General Permit that complies with and implements the Federal Clean Water Act, the
General Permit does not satisfy these rules; and
WHEREAS, the City of Ithaca Common Council recognizes the importance of
appropriate stewardship over Cayuga Lake, its creeks, streams, waterfalls and
watershed, not only as a foundation of natural beauty, ecological diversity, and personal
well-being, but also as a source of clean drinking water and as an economic driver of
the community; and
WHEREAS, Earthjustice has filed a petition challenging the aforementioned General
Permit ; now therefore be it
RESOLVED, That the City of Ithaca will seek amicus curiae status in the matter of
Riverkeeper, Inc. et al. v. Basil Seggos and New York Department of Conservation,
Index No. 902103-17 and seek consent of the court to submit an amicus curiae brief;
and, be it further
RESOLVED, That the Mayor of the City of Ithaca is hereby authorized to sign the
retainer letter with the Columbia Environmental Law Clinic for such legal representation
and services.
14. MAYOR’S APPOINTMENTS:
14.1 Appointment to the Special Joint Sewer Committee – Resolution
RESOLVED, That Brian Davis be appointed to the Special Joint Sewer Committee to fill
the city of Ithaca vacancy until such time as he is no longer able to serve or is replaced
by the city of Ithaca.