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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 Y O 416> SqrJ >6 :r 'lta&*nq).aL ?osrep 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 $,ritirg rcvokinS this Stop Paymcnt Ordcr, wticbevcr occurs firsl Wtctl not (crokc4 ifrn itaE dcscriH abovc har rot clcarcd or bccl rctumed to you by thc payc€, you may rcorw thc Stop Paymc6t O.dc' foi atr additionsl six months to prcvent the it€m from bring psid by providing a request in a record or writing to us within thc timc pcriod th! Stop PaymcDt Ordcr is in cffcct. NOTIFICATION. You uodBstsnd ttat if the stop psymcnt ord.r comes too lstc for us to hrvc ! Etsonablc opportuiity lo .d on it prio. to arccpting, ccniryin& prying, s€ttling for, posling or becomirg lccourhblc for the check idmlificd abovc, that this Stop Psymcrll furr shall bc of no cffecr. LIABILIfi, You agcc to inderfiiry and hold us harmlcss from any aod all chims, liabilitics, costs and cxfrcn!.s, in luding, but not limitcd to, cou.1 co6ts rnd rclromblc lnomcy fccs, rclulaing ftom or Browing out of our refusal io pay thc identificd chcck. We shsll hrvc no lirbility to you for the paymcnt ofth€ i&ntifi€d chcck contary ro this Stop Paymelt Order if the inforoation provid€d, such as tb€ chcck llu[6cr, doll8r amoml orur.I)or|nr Mh-r -ic-'ti .^'uE'' " in good fEith or axcrcisCd ordinary thc unoult ofthc chcck. 400 ch fec may be dcductcd from your/ Tr*t Yor,tl9ana-.. tl Al!/tft.| O Ed...to.r O tL(ft.l/O'r|lr o altrrd tr E r.i.htrr El saengs trClrr1r.. DFood O Tu.r ocrrrt{ tr F{o.E o uuh'c6 {:l l)lp.rdsl Csd tr rntl,e. Oo(hol DATE RECEIVED: March 16,2017 form Corn$ercial Codc in effecl in ojoa..!. b F!d.d Eho &f!a6d roL'r.{t tnao.i lrt, .4at lghl Q rrx oeouclau reu 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; l 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: l :' .. :: Paveble Namc:Date C 2ml-2016 C!!9lils 9rr.{, hc .,l.ltt78l *llfjt2 - A,! 6 I I LO2 SllE f.ya.d Ord.r - atEl OD80l6 M.@rl,li..6rLG6 By, . :lr, ll()li\l \\l rln Lrv) Dcscnptloh Sidc*slk tx$ D5(lx lx\ wlni D.le Jdrulry l. 2017 Prop.rty Olllr(' JOHN GILBERT Clrss Codc 210 7{..3-1 Unifo.n Pcrc.nugc of vrlua I ofl.m -t nsl lar I cvv o/o Chan8e from Prior Y.3r 10.00 t22,1%,66r.00 0.00% 1.080/o 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 p.r Unn t.00 trN t_15,000 15.000000 6 0?fixx) t35.00ttt2,0 s6.t7.70r RETI TRN PoRTt0\rS BEI,OW \ tTlt r-{l',lllllN-l' TAX RECEIPT 2017 Ithaca City First Installment '[ax Bill litrcs Dua by Feh, l,2017 I]II,LNUMBER 3367 flillllllr rilillfll ilil rfiilil|IfiI llil til*01 83 I 595+ Orrner .IOIIN CII-BER'I' SWIS 500700 Tax M8p Nunbcr 74.-3-3 Propcn! l-ocation ztli Ft_oRAt__{vE Oflit'e lise Only - Payment Receipt lloe do€! rh City rpand monay? (hrEml Covefnrtent Suppon Public Ssiny Tranrpondion CulturE and Rccraarion Homc and Community Scniccs Undr-ilributed t3.55% 4t.11.,6 21.509; t5.2314 4.9t./. \o4e/. $847.70 S8,17.70Total Due Owner JOHN GILBf,RT 'Lncs I)uc by' I Tax Amount I Notice Fee Penaltv s847.70 lst lnstall hno00l08l49 S900.56 PAID li28l2017 John Gilbcrt ^cludt\ \otgu P^lW- N?ttkd tl#ael- I I ir I]II,L NIJMBER 3367 iillllllll lllllllll l,liiilliliirlillllliirlll,r0l83l 595r 2017 lthaca City First Installment Thx Biil Tax Map Number 500700 74.-3-3 Location 216 TLORAL AVE['cb. I, 2{ll7 Ofice Use Only - Payment Receipt Ist lnstall tmo0,0l08l49 S900.56 PAID 3/2tt20l? John Gilbert lotal [)ue L Taxcs l)ue by Feb. l,2017 1ax Anrount Notice Fcc Penalty' REMITTANCE STUB 2017 Ithaca Citv l'irst Installment 'lax Bill $847.70 lrr, I I ' ill \l \\ I.rrl l Wllrurt Datc J{ru.ry 1.2017 My O\rncr JOHN GILBERI ct.ss Co& 210 71.-3.3 Uriforn P.r*nt!8c of Value I 00'l. RanI ( (xle Mqkc chechs oayabl. to CIO of hhoca I Mail ot Delivct to: 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 Rstc rrcr $1000 orLcvy tk3critltion Total Tar LaY! :Efr o/o Change tirom Prior Ye{. 0 000/. 2.93V" PNI Solid *sslc fcc .rs. Counlv Tdr L00 tJN l.]5.000 5J.000000 6.6290t5 T.L\e$ Duc bt' t'eb. l, 2017 tat: Il\ P(]R l t()\s lt[;t.ot\ \\ | | lt r\\ \fl \ I TAx BFCEIPT 2017-Tompkins County Ta\ tsillsid. ilrd.k! 58.^ l-ocdly t.tt llrn|.d S6uc6 32.c for info'Ir hr ,t8rdirg tE Coonry Tsx Art5tdown d€ri. go lo ws1t lompliB<o or8 or c.ll 6O'7-2?4"JJ J5 I}II,I, NT-JMT}I]R 3367 +01 886922* r ililllil lflirillfiililffiil|ililffiilil fit Oprton A Full Prymcot Option Payable to Cilv Chamberlain by ----t--___-___-* Option B l_n11{!q c n t i111119n t opliq!, lst lnstallment 2nd lnstallment Payable to City Pa),able to Chamberlain by lbmpkins Co. by Feb. I, 2017 :l!!y 120!7 s474.96 Oflice Usc Only - Payment Receipt lbtal tmo00l08l49 S970.92 PAID 3/2812017 John Gilbert )nctldu $q n w AMLK*r- ---- O$ncr JOlll{ G ,B1:RT swts 50070tr umb.r 174.-.,.3 $949.92 Ta,\ Amount s474.q6 Service Charge Penalty and 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 Chamberlain by r Fcb. 1,2017 s949.92 I i Penalry andi lntercsr 5949.92 | Total Dre $498.7 r s47.1.96 Bill No: 3367 S.q&.tcci s919.9) I --r=.ltu Propen) l.ocalion 2l6 t'l-oRAl.,lvf Tax Amount Service Charge II _!_--*L- TOMPKII{S P(l llor at{l . nMcn NY 1{851 tt')f, 2ftJalu . ffiru4loutld sr, ELctiq$c Saavlca Raquanad €rH Mcmber fPlC ]OHN W GILBERTxrtu, TTHACA NY l/+850 Statement Date 02, \l) 2017 Account Number * Page I ot l Irue 62 C[ecxing i ycle.10i Enclosures .,} Account N Beqinning -h{ =-tL ba huary 1 4, 2Ot7 Total DeF)sits dnd Credit5: ) Tolar Checks and Debits: ] Cycle Serurce ChatpE Ending brLncs olr F.brurr? l3t 2OL7 I'lumber ot days in this statement period: i: t $ Check # Date 39t 01/19.t98 0y2a Amount.- - Checks Paid This Statement (r andicates breal rn check number scquence) Check D.te 01r 23 Amount s0.00 ,-, tl Other Transactions This Statement Ot3crlPti,on EFT SSA IREAS ]TO XXSO(. SEC Deposit l,lax)tenance f ee,-fei( Marntenance Fes Credits 5.00 - Date 0vl3 0r125 - O.te 01i 19 a2tv, E.lance Daily Balance History Balance Dater do ia rr ce - D.te rJr/21 Balance -D 0l /20 ,s.. 'f,J' De bits TOMPKINS l,C tloxrl@ . trlE }.lY ra{151 rE7) lrja2ro . .n r.E*ndn !i (]JB ELclrcnic Scn lQa i.qlEilcd &.,,-fi Membcr tUC ]OHII W GILBERT(nt,ll- ITHACA XY 14A5O Statement Date a3t:3i2Or7 Account NumberrID P.rqe. I o,2 True 62 Checking Cycle- 104 l o..orn,n,(/Ift\ B€Einning brLnc€ dr-F66iE5ry L4, 2077 Tor.dl Dcposits and Credits: 3 iolal Checks and Debrts: 2 Cycle Servlce Charge Ending balcnce on M.rch 13, 2017 Number of days in this statenrent period: 2ti - tDIE -D $ -t Checks Paid ThiS Statement (r indic.tes break in check nuraber sequence) rhcl , D*e @ 02!22 O.te 03i 01 Amount 2s0.00 Debits 5.00 Cred its Ort 021r3 Balance ,j Dtta 0222 Daily Balance History B.hnc€ Oats I irl, Lrl Ba la n€c.I,Drte 03/06 8a la nccqE, '.,[:fi-l:tus Overdraft and Return Item Charges TOTAL FOR IHIS PERIOD TOTAL YEAR TO DATE TOTAL OVERDRAFT FEE 00 TOTAL RETURNED TTEM 00 00 Enclosures s + Amount Ch€cld soo.oo I (*) l-).rte Other Transactions This Statement Dcscription EFT SSA TREAS 310 XXSOC SEC Depo6rt Marntenance tee Credit Maintenarre Fee 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.