HomeMy WebLinkAbout12-06-17 Common Council Meeting Agenda
OFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, December 6,
2017, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green
Street, Ithaca, New York. Your attendance is requested.
AGENDA
1. PLEDGE OF ALLEGIANCE:
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
3. PROCLAMATIONS/AWARDS:
4. SPECIAL ORDER OF BUSINESS:
4.1 Presentation of Pride of Ownership Awards – Scott Whitham
4.2 A Public Hearing for a Proposed Restore New York Grant Application
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
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 – Request to Amend Authorized Budget for a Safety Grant -
Resolution
8.2 Finance/City Controller - Authorization to Cover Red Accounts - Resolution
8.3 Finance/City Controller Request to Amend 2017 Budget to Account for Various
Unanticipated Revenue and Related Expenses - Resolution
8.4 Fire Department – Approval of the 2018 Fire Department Inspection and Permit
Fees - Resolution
8.5 Department of Public Works – Water & Sewer - Capital Project for Engineering
Services Agreement for Grit Removal Project, Concrete Restoration Project,
Emergency Generator Replacement, and Miscellaneous Plant Improvements at
the Ithaca Area Wastewater Facility - Resolution
8.6 Department of Public Works – Water and Sewer - Capital Project Engineering
Services Agreement for Evaluation and Recommendations for Improvements to
the Flow Monitoring Stations Owned by the Ithaca Area Waste Water Treatment
Facility (IAWWTF) - Resolution
8.7 Youth Bureau – Renewal of Recreation Partnership Contract - Resolution
Common Council Meeting Agenda
December 6, 2017
Page 2
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 2018 Annual Common Council Concurrence that the Planning and Development
Board be the Designated Lead Agency for the City of Ithaca – Resolution
9.2 Common Council Authorization for Restore NY5 Funding Application - Resolution
9.3 Resolution to Select Artwork for E. State/MLK Street and Stewart Avenue
Electrical Box
9.4 Resolution to Select Artwork for a Rotating Mural Installation on Water & Sewer
Workshop
9.5 Proposed Resolution to Authorize Cornell University by Memorandum of
Understanding (MOU) to secure “Ezra’s Tunnel” at Ithaca Falls Park
9.6 Resolution to Approve Creative Bike Rack Designs for Fabrication and
Installation
10. CITY ADMINISTRATION COMMITTEE:
10.1 Department of Public Works – Water and Sewer - Amendment to Personnel
Roster – Plumbing Inspector - Resolution
10.2 Department of Public Works – West State/Martin Luther King Jr. Street Corridor
Enhancements - Resolution
10.3 City Attorney – Authorization to Share Proceeds from Any Future Sale of
“Tompkins Consolidated Area Transit (TCAT) Parcel” - Resolution
10.4 Adoption of “Rules of Procedure for City of Ithaca Advisory Commissions” -
Resolution
10.5 City Controller’s Report
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Alderperson Kerslick - Ithaca City Apartments Housing Development Fund
Corporation (“ICAHDFC”) – Waive and Subordinate City of Ithaca’s Option to
Reacquire First Street Property – Resolution
14. MAYOR’S APPOINTMENTS:
14.1 Appointment of Police Chief – Resolution - (to be distributed under separate
cover)
14.2 Recommendations to Tompkins Consolidated Area Transit Board – Resolution
14.3 Appointments to Housing Board of Review - Resolution
15. REPORTS OF COMMON COUNCIL LIAISONS:
16. REPORT OF CITY CLERK:
Common Council Meeting Agenda
December 6, 2017
Page 3
17. REPORT OF CITY ATTORNEY:
18. MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the October 4, 2017 Common Council Meeting Minutes – Resolution
18.2 Approval of the November 1, 2017 Common Council Meeting Minutes –
Resolution
18.3 Approval of the October 2017 Common Council Budget Meeting Minutes –
Resolution
19. ADJOURNMENT:
If you have a disability that will require special arrangements to be made in order for you
to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48
hours before the meeting.
______________________________
Julie Conley Holcomb, CMC
City Clerk
Date: November 30, 2017
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Human Resources – Request to Amend Authorized Budget for a Safety
Grant - Resolution
WHEREAS, the City applied for and received an Occupational Safety and Health
Training Education Program Grant from the New York State Department of Labor in the
amount of $12,560; and
WHEREAS, the grant will run until July 31, 2017, and provide City staff with various
safety training, including, but not limited to: confined space, trenching, excavation,
lockout/tagout, hazard communications and work zone safety; now, therefore be it
RESOLVED, That Common Council hereby amends the 2017 Authorized Human
Resources Budget to account for the $12,560 Safety and Health Training and Education
Program Grant from New York State as follows:
Increase Revenue Account:
A1430-3489 NYS Aid Health $ 12,560
Increase Appropriations Account:
A1430-5435 Human Resources Contracts $ 12,560
8.2 Finance/City Controller - Authorization to Cover Red Accounts - Resolution
RESOLVED, That the City Controller be empowered to make transfers within the 2017
Budget appropriations, as needed, for the remainder of the 2017 Fiscal Year.
8.3 Finance/City Controller Request to Amend 2017 Budget to Account for
Various Unanticipated Revenue and Related Expenses - Resolution
WHEREAS, during 2017, City of Ithaca departments have received revenue from
various unanticipated sources including reimbursements, grants, and donations that
need to be accounted for in the 2017 budget; and
WHEREAS, the reimbursement totals $29,701 as follows:
Tompkins County Celebration Grant $ 6,200
Insurance Recovery $18,329
Donations $ 5,172
; now, therefore be it
RESOLVED, That Common Council hereby amends the 2017 authorized budget as
follows to account for said receipts and related expenditures of funds:
Increase Revenue Accounts:
A1012-2379 Community Celebrations $ 6,200
A3120-2680 Police – Insurance Recovery $17,036
A3410-2680 Fire – Insurance Recovery $ 793
A3410-2705 Fire – Donations $ 5,172
A7111/2680 Forestry – Insurance Recovery $ 500
$29,701
Increase Appropriations Accounts:
A1012-5435 Community Celebrations $ 6,200
A3120-5476-5001 Police –Equipment Maintenance $17,036
A3410-5440-12350 Fire – Staff Development $ 3,282
A3410-5476-12250 Fire – Equipment $ 793
A3410-5445-12350 Fire Travel $ 1,359
A3410-5125 Fire Overtime $ 531
A7111-5485 Forestry – Trees $ 500
$29,701
8.4 Fire Department – Approval of the 2018 Fire Department Inspection and
Permit Fees - Resolution
WHEREAS, Chapter 181 of the City of Ithaca Municipal Code entitled “Fire Prevention”,
§181-9 F(1) entitled “Operating Permits for Certain Uses and Materials; Fees” states
that the Fire Chief shall promulgate a fee schedule applicable to the permits authorized
under such code; and
WHEREAS, §181-9 F states that fees established in the fee schedule shall reasonably
reflect the cost of receiving, investigating, processing, and issuing each of said permits;
and
WHEREAS, §181-9 F requires that any schedule and said changes proposed thereto
shall be submitted to the Common Council for adoption prior to the collection of such
fees; and
WHEREAS, the permit fee schedule is based on the labor costs of performing the
inspections and processing the permits; and because of subsequent salary increases
and associated cost of fringe benefits the current fees do not reflect the actual costs of
the services being provided; and
WHEREAS, the fees were last adjusted and approved by Common Council on
December 5, 2012; and
WHEREAS, a proposal has been prepared and submitted to increase fees generally
and as stipulated in the schedule from $50.00 to $55.00 per hour, and from $75.00 to
$82.50 per hour for work performed during non-business hours, which will result in such
fees reflecting current costs; and
WHEREAS, the prepared proposal includes the additional permit fees for processing
and the administration of permits over and above the costs of the actual inspections for
issuing such permits; now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca does hereby approve the
proposed increase in permit fees as proposed; and, be it further
RESOLVED, That these changes shall be authorized upon adoption of this resolution
by Common Council, with an effective date of January 1, 2018.
Permit Type 2013-2017
Fees
2018 Fee Proposal Comments
Assembly
Occupancy Permit
(50-299 occupants)
$50/building $50/building Issued annually and
does not include
inspection fees
Assembly
Occupancy Permit
(>300 occupants)
$100/building $100/building Issued annually and
does not include
inspection fees
Elevator Permit $60/elevator
unit
$60/elevator unit Issued every 3 years
and does not include
inspection fees
Lumberyard
Occupancy Permit
$50/building $50/building Issued annually and
does not include
inspection fees
Hazardous
Occupancy Permit
$50/building $50/building Issued annually and
does not include
inspection fees
Fireworks Permit $50 $50 Per event and does not
include inspection fees
Explosives Use $50 $50 Per location and does
not include inspection
fees
Bon Fire Permit $50 $50 Per event and includes
1 inspection
Asphalt Kettles $50 $50 Per location/month
and includes 1
inspection
Temporary Propane
Permit
$50 $50 1 month/venue and
includes 1 inspection
Temporary Propane
Permit
$125 $125 6 months/venue and
includes up to 2
inspections
Temporary Propane
Permit
$200 $200 12 months/venue and
includes up to 4
inspections
Food Truck Permit
(includes propane)
$50 1 month/venue and
includes 1 inspection
Food Truck Permit
(includes propane)
$125 6 months/venue and
includes up to 2
inspections
Food Truck Permit
(includes propane)
$200 12 months/venue and
includes up to 4
inspections
2018 Proposed Fire Prevention Permit and Inspection Fees
Welding and Cutting
Permit
$50 $50 1 month / firm or
business and includes
1 inspection
Welding and Cutting
Permit
$125 $125 6 months / firm or
business and includes
up to 2 inspections
Welding and Cutting
Permit
$200 $200 12 months / firm or
business and includes
up to 4 inspections
Inspection Rates
Business Hours
$50/hour $55/hour
Inspection Rates
Non-Business Hours
$75/hour $82.50/hour
Plan Review Rates N/A $55/hour
8.5 Department of Public Works – Water & Sewer - Capital Project for Engineering
Services Agreement for Grit Removal Project, Concrete Restoration Project, Emergency
Generator Replacement, and Miscellaneous Plant Improvements at the Ithaca Area
Wastewater Facility - Resolution
WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTP) is in need of certain
Capital Improvements; and
WHEREAS, staff in association with the Plant’s consulting engineers, GHD, have estimated the
cost for the engineering services for the final design of Grit Removal, Concrete Restoration,
Emergency Generator Replacement, and miscellaneous plant improvements to be,
1-Concrete Restoration and Leak Repairs (final design) $22,900
2-Grit Removal and Miscellaneous Repairs (final design)
2.1-Grit System $200,700
2.2-Influent Building I2mprovements$28,700
2.3-Stair Tower Improvements $37,400
2.4-Structural Improvements $10,200
2.5-Miscellaneous Improvements $56,700
2.6-Instrumentation and Control $15,100
3-Emergency Generator Replacement $41,800
Total Design Fees $413,500
Contingency 5% $20,675
Total $434,175
As detailed in GHD’s letter and Scope of Services Schedule A dated October 9, 2017 Revised
Scope of Services and Engineering Fee Grit Removal and Concrete Restoration Project; and
WHEREAS, the Special Joint Committee (SJC) approved the project at its regular meeting of
November 8, 2017; now, therefore be it
RESOLVED, That Common Council hereby establishes Capital Project 422J IAWWTF
Improvements – Design in an amount not to exceed $434,175 for the final design engineering
services agreement with GHD; and, be it further
RESOLVED, That Common Council hereby recommends authorization of this project contingent
upon action by all wastewater partners committing their percentage of reimbursement shares to
the Joint Activity Fund allocated per the Joint Sewer Agreement as follows:
Municipality Percentage Project Cost
City of Ithaca 57.14 $248,088
Town of Ithaca 40.88 $177,491
Town of Dryden 1.98 $8,596
$424,175
; and, be it further
RESOLVED, That funds needed for said project shall be derived from Capital Project Reserve
J1 and/or the issuance of Serial Bonds.
GHD
One Remington Park Drive Cazenovia New York 13035 USA
T 315 679 5800 F 315 679 5801 W www.ghd.com
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October 9, 2017
Mr. CJ Kilgore
Chief Operator
Ithaca Area Wastewater Treatment Facility
525 Third Street
Ithaca, NY 14850
Re: Revised Scope of Services and Engineering Fee
Grit Removal Project and Concrete Restoration Project
Ithaca Area Wastewater Treatment Plant
City of Ithaca, New York
GHD No. 11123600.0
Dear CJ:
GHD has revised our proposal for engineering services for the design of the following projects based on
our meeting of October 4, 2017:
Grit Removal and Miscellaneous Improvements
Concrete Restoration and Leak Repair
Emergency Generator Replacement
The Grit Removal and Miscellaneous Improvements project includes design of a new Eutek Headcell vortex
type grit removal system and grit building in accordance with the recommendations in the Preliminary
Design Report - Administration Building Renovation, Anaerobic Digester Improvements and Grit Removal
Project - April 2017. Miscellaneous improvements were also incorporated at your request. These include:
Influent Building Improvements
New screenings pre-washer and screenings reversing screw
Revised screenings discharge to 20 yd3 dumpster
Waste truck disposal connection modifications
New Vac-Truck off-loading pad
Entrance Structure No 2 Stair Tower Replacement
Structural Improvements
Repair final setting tank longitudinal center beams
Replace grating and supports over channels on concrete deck of process structure
Replace grating and supports for deformed grating in East/West Gallery
Miscellaneous Improvements
Chemical unloading pad
Manually cleaned screen for grease/hauled waste
Setting tank top rails
Settling tank scum troughs
Final settling tank effluent launders
Other miscellaneous
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Instrumentation and Control
Concrete Restoration and Leak Repair
Emergency Generator Replacement
All of these design tasks would be included in a single construction project set up for four (4) prime
contracts:
General
Electrical
H&V
Plumbing
After you have the opportunity to review this proposed scope and fee for this project, we can meet to discuss
your questions and/or comments.
Sincerely,
GHD CONSULTING SERVICES INC.
Bruce G. Munn, PE
Principal
BGM/dlr
cc: Erik Whitney, PE, City of Ithaca DPW
Ryan Fisher, PE, GHD
Christopher Kwasniewski, PE, GHD
Schedule A
GHD
One Remington Park Drive Cazenovia New York 13035 USA
T 315 679 5800 F 315 679 5801 W www.ghd.com
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SCOPE OF SERVICES
CONTRACTOR and the MUNICIPAL OWNERS agree that the scope of services for this project consists of
engineering services described herein.
The scope of work for this project includes the Final Design Phase engineering services, including
preparation of Construction Contract Documents for Grit Improvements and Miscellaneous Improvements
for the Ithaca Area Wastewater Treatment Facility (IAWWTF). The project generally includes the following:
• Grit Improvements and Miscellaneous Improvements generally as recommended in the Ithaca Area
WWTF Preliminary Design Report - Administration Building Renovation, Anaerobic Digester
Improvements and Grit Removal Project dated April 2017
• Concrete Restoration and Leak Repairs generally as recommended in the Letter Report, Structural
Condition Assessment of Existing Process Structure, from GHD to the City of Ithaca dated September
22, 2017
• Generator replacement generally as recommended in the Letter Report, Electrical Generator Sizing,
from GHD to the City of Ithaca dated September 22, 2017.
The specific scope of work for completion of the Final Design Phase Engineering Services for the Grit
Improvements and Miscellaneous Improvements Project as described below.
Task 1 - Concrete Restoration and Leak Repairs (Final Design).
a. Complete the final design for concrete restoration and leak repairs. The scope of repairs are based on
the concrete condition assessment completed by GHD in September 2017. The scope of concrete
repairs will include:
• Seal joint at top of west wall along the North-South Gallery (Gallery Nos. 4 and 7).
• Seal leak in primary clarifier influent channel above Gallery No 2.
• Repair and reseal damaged expansion joint along the top center of north wall along the East-W est
Gallery (Gallery Nos. 5 and 6).
• Repair leak at secondary effluent channel connecting to the Actiflo structure.
• Repair active leaks in gallery/tank walls and throughout the process structure. Non-leaking cracks
do not require repair (unit price per linear foot).
• Repair spalling at various locations throughout the process structure (unit price per ft2).
• Provide concrete coating to aeration tank interior walls and other identified locations (unit price per
ft2).
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• Provide treatment for ASR concrete cracking at various locations (unit price per ft2).
• Obtain two concrete cores and conduct petrographic examinations. An allowance of $6,000 is
included for this testing.
Task 2 - Grit Removal and Miscellaneous Improvements (Final Design).
a. Project Scope. Complete the final design of the recommended improvements for grit removal from the
April 2017 Preliminary Design Report and miscellaneous improvements as outlined below.
1) Grit Removal:
• Design of a pile supported building addition to house the grit tanks, grit pumps, and grit
classifier equipment.
• Installation of two new Hydro (Eutek) grit removal systems (to be prepared as a performance
based specification or as a sole source specification).
• Installation of three new grit pumps and two grit washer/classifiers.
• Relocation of the influent force main to the grit system distribution box.
• Connection of the grit system effluent channel to the primary distribution box.
• Demolition of the existing lime silo and equipment. Reconstruction of the associated roof area.
• Evaluation of existing subsurface reports for design of new pile foundations. Perform a new
boring at the location of the new Grit Room.
• Complete lead and asbestos testing of the existing Chemical Storage Room and existing Lime
Storage Rooms at the areas of proposed work. To be completed based on a $6,000 allowance.
Payment will be based on actual cost for testing completed.
• Partitioning of a new Electrical Room in the location of the removed lime equipment.
• Perform one new soils boring with an allowance of $8,200.
• Coordinate for testing and potential removal of contaminated soils with NYSEG.
2) Influent Building Improvements:
• Add new screenings prewasher and screenings reversing screw.
• Revise the screenings discharge for each of the screenings presses to a new common 20 CY
dumpster.
• Replace one existing 4 inch quick disconnect for leachate disposal with a new 6 inch quick
disconnect fitting. Relocate both outside waste discharge pipes to a lower elevation to facilitate
unloading.
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• Design an off-loading and dewatering area for vac-trucks. Truck off-loading design will include
a concrete disposal pad with containment walls and screened drainage to the Influent manhole.
Water service to be provided.
3) Stair Tower Improvements:
• Replace the existing stair tower at the final settling tanks. New stair tower structure to be
constructed with access to gallery below and stairs up to process tank deck. Below-grade stair
tower to be reinforced concrete tied to existing pile supported slab and existing process
structure walls. Above-grade tower to be lightweight steel framing and walls. New stair tower
lighting and ventilation to be provided.
4) Structural Improvements:
• Repair primary and final settling tank longitudinal center beams.
• Stabilize grating panels over channels on concrete deck of process structure.
• Replace deformed grating panels in southern East-West Gallery.
5) Miscellaneous Improvements:
• Demolish existing chemical unloading pad near the primary settling tanks and replace with new
relocated chemical unloading pad.
• Evaluate and remove Actiflo bypass restriction. This restriction is a small concrete wall/curb
located in the Actiflo bypass channel.
• Install manually cleaned trash rack for grease/hauled waste. Evaluate potential modifications
to Honey Monster for accepting grease. Remove unscreened connection to holding tank.
• Jet clean or replace existing digester gas lines of accumulated siloxane buildup.
• Replace existing primary and final settling tank sludge collector top guide rails for both the
longitudinal and cross collectors.
• Replace existing primary settling tank and final settling tank scum troughs and final settling
tank effluent launders.
• Repair of misaligned return activated sludge piping in the southern East-West Gallery.
• Refurbishment of inoperable or shifted doors/jams at up to four locations to be determined.
6) Instrumentation and Control (I&C). The following I&C scope items will be completed to support the
overall upgrades stated above:
• Conform to MUNICIPAL OWNERS’ control equipment standards, including use of Allen-
Bradley CompactLogix PLCs, Red Lion local operator interfaces (OITs), and APC UPSs.
• Design interconnection of new manufacturer-supplied PLCs to the SCADA system network.
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• Develop specifications to bid PLC and Cimplicity HMI programming to be performed by the
CONTRACTOR with a specified allowance. OEM PLCs to be programmed by the respective
manufacturer. New plant PLC at the grit room to be programmed by the CONTRACTOR.
• Design interconnection of select, critical dial-out conditions to the plant’s existing Sensaphone
hardwired autodialer.
• Develop specifications to incorporate monitoring of all new PLCs through the facility’s existing
Cimplicity HMI application. Existing software versions, drivers, and associated licenses shall
be utilized. Upgrades to existing software licenses or versions is not included. Upgrade of the
primary Cimplicity SCADA computer, one view station, and the data historian is included in the
design. Upgrade of existing Red Lion OITs is not required.
Task 3 – Emergency Generator Replacement (Final Design).
a. Project Scope. Complete the final design of the recommended improvements for replacement of
the plant emergency generator based on findings from the September 2017 Generator Sizing
Evaluation. The final design tasks will include:
• Demolition of the existing 825 kW generator to be turned over to the OWNER.
• Design of two new 1,000 kW diesel generators. The generators will be designed to be installed
outdoors with weather tight enclosures. One of the two generators may be located in the
existing generator room as an option.
• Design of generators to include skid mounted above ground diesel fuel storage tank(s) sized
to provide a minimum of 24 hours of fuel storage for each generator.
• Design of new automatic transfer switch, paralleling switchgear and interconnection to the
existing electrical service.
• Design of associated site work, (electrical ductbank, concrete pads, pavement restoration).
Final Design Tasks.
The final design will include the following tasks:
• Prepare final drawings and specifications indicating the scope, extent, and character of work to be
performed and furnished by CONTRACTOR.
• Provide Contract Document submittals to the MUNICIPAL OWNERS at 60%, 95% and 100%.
• Attend design progress meetings with MUNICIPAL OWNERS at 60% and 95% completion points
to review the Contract Documents.
• Revise the bidding documents in accordance with comments and instructions from the MUNICIPAL
OWNERS, as appropriate, and submit electronic PDF copies of the bidding documents and an
Opinion of Probable Construction Cost to the MUNICIPAL OWNERS within 30 calendar days after
receipt of MUNICIPAL OWNERS comments and instructions.
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• Submit the 100% Contract Documents to the New York State Department of Environmental
Conservation (NYSDEC) for review and approval.
• Respond to NYSDEC comments on 100% complete Contract Documents within 30 calendar days
after receipt of MUNICIPAL OWNERS’ comments and instructions.
• Advise MUNICIPAL OWNERS of any adjustments to the Opinion of Probable Construction Cost
known to CONTRACTOR.
SPECIFIC EXCLUSIONS
Scope of Services for Bidding and Construction Phase services will be added by Amendment upon
authorization of MUNICIPAL OWNERS.
SCHEDULE
CONTRACTOR will complete the final design phase of services through submission of the 95% design
documents within 150 days of written authorization to proceed for the Grit Removal and Miscellaneous
Improvements project.
CONTRACTOR will prepare and submit 100% final design Contract Documents within 30 days of receipt
of final comments.
PROJECT COSTS
CONTRACTOR proposes to complete the Scope of Services as outlined above on a lump sum basis for a
total cost of $413,500, including all labor and expenses. The breakdown of the design fee is provided below.
Services will be billed on a monthly basis based on physical percent completed.
Task Lump Sum Amount
1 - Concrete Restoration and Leak Repairs (Final Design) $22,900
2 - Grit Removal and Miscellaneous Repairs (Final Design)
2.1 - Grit System $200,700
2.2 - Influent Building Improvements $28,700
2.3 - Stair Tower Improvements $37,400
2.4 - Structural Improvements $10,200
2.5 - Miscellaneous Improvements $56,700
2.6 - Instrumentation and Control $15,100
3 – Emergency Generator Replacement (Final Design) $41,800
Total Lump Sum Amount $413,500
8.6 Department of Public Works – Water and Sewer - Capital Project Engineering
Services Agreement for Evaluation and Recommendations for Improvements to the Flow
Monitoring Stations Owned by the Ithaca Area Waste Water Treatment Facility (IAWWTF)
- Resolution
WHEREAS, the Ithaca Area Wastewater Treatment Plant’s thirteen (13) remote flow monitoring
stations are in need of certain Capital Improvements; and
WHEREAS, staff developed and advertised a Request for Proposals for Professional
Engineering Services for Design and Installation of Flow Monitoring Stations for Ithaca Area
Wastewater Treatment Plant’s thirteen (13) remote flow monitoring stations; and
WHEREAS, four Proposals for Professional Engineering Services for Design and Installation of
Flow Monitoring Stations for Ithaca Area Wastewater Treatment Plant’s thirteen (13) remote
flow monitoring stations were received on September 22, 2017, and evaluated by staff; and
WHEREAS, staff, based on their evaluation, recommend accepting the proposal and executing
the agreement dated October 23, 2017, from the MRB group for the Flow Monitoring Station
Project; and
WHEREAS, staff, in association with the MRB group consulting engineers, have estimated the
cost for the engineering services including only the first 3 tasks in their proposal for the Review,
Evaluation, and Recommendations for improvements to the flow monitoring stations to be
$23,838; and
WHEREAS, flow meter stations rehabilitation is an existing active Sewer Joint Committee (SJC)
capital project, number 414J with a current balance of $20,911 remaining after the first phase of
access improvements were completed in 2008; and
WHEREAS, the Special Joint Committee (SJC) approved the project at its regular meeting of
November 8, 2017; and
WHEREAS, Capital Project 414J Flow Meter Stations Rehab is hereby amended by an amount
not to exceed $2,927 for a total project authorization of $102,927 for the engineering services
agreement with MRB group; now, therefore be it
RESOLVED, That Common Council hereby recommends authorization of this project contingent
upon action by all wastewater partners committing their percentage of reimbursement shares to
the Joint Activity Fund allocated per the Joint Sewer Agreement as follows:
Municipality Percentage Project Cost
City of Ithaca 57.14 $1,672
Town of Ithaca 40.88 $1,197
Town of Dryden 1.98 $58
$2,927
; and, be it further
RESOLVED, That funds needed for said project amendment shall be derived from Capital
Project J-1.
Capital Project Engineering Services Agreement for Evaluation and Recommendations for
Improvements to the Flow Monitoring Stations Owned by the IAWWTF
WHEREAS, the Ithaca Area Wastewater Treatment Plants 13-remote flow monitoring stations are in
need of certain Capital Improvements, and
WHEREAS, staff developed and advertised a Request for Proposals for Professional Engineering
Services for Design and Installation of Flow Monitoring Stations for Ithaca Area Wastewater Treatment
Plants 13-remote flow monitoring stations, and
WHEREAS, four Proposals for Professional Engineering Services for Design and Installation of Flow
Monitoring Stations for Ithaca Area Wastewater Treatment Plants 13-remote flow monitoring stations
were received on September 22, 2017 and evaluated by staff, and
WHEREAS, staff based on their evaluation recommend accepting the proposal and execute agreement
dated October 23, 2017 from the MRB group for the Flow Monitoring Station Project, and
WHEREAS, staff in association with the MRB group consulting engineers have estimated the cost for
the engineering services including only the first 3 tasks in their proposal for the Review, Evaluation, and
Recommendations for improvements to the flow monitoring stations to be $23,837.50, and
WHEREAS, flow meter stations rehabilitation is an existing active SJC capital project, number 414J
with a current balance of $20,910.58 remaining after the first phase of access improvements were
completed in 2008, and
WHEREAS, the Special Joint Committee (SJC) recommends to the Owners that this project be
authorized for additional funding in an amount not to exceed $2,926.92 for the engineering services
agreement with MRB group, and be it further
RESOLVED, That SJC hereby recommends authorization of this project contingent upon action by all
wastewater partners committing their percentage of reimbursement shares to the Joint Activity Fund
allocated per the Joint Sewer Agreement as follows:
Municipality Percentage Project Cost
City of Ithaca 57.14 $1,672
Town of Ithaca 40.88 $1,197
Town of Dryden 1.98 $58
$2,927
8.7 Youth Bureau – Renewal of Recreation Partnership Contract - Resolution
WHEREAS, the City of Ithaca has been both a member and provider of services for the
Intermunicipal Recreation Partnership for more than 20 years; and
WHEREAS, The Intermunicipal Recreation Partnership has demonstrated a successful
approach to shared services that provides recreation and leisure programming for
thousands of youth at accessible fees for member municipalities; and
WHEREAS, the Ithaca Youth Bureau strongly encourages the City to continue to be a
member and provider of the Intermunicipal Recreation Partnership for a new five year
contract term 2018 – 2022; and
WHEREAS, the City Attorney has reviewed and approved the Intermunicipal Recreation
Partnership Contract for the five year term; now, therefore be it
RESOLVED, That Common Council approves the Recreation Partnership contract for
2018 – 2022.
INTERMUNICIPAL 1
RECREATION PARTNERSHIP AGREEMENT 2
3
Pursuant to Section 119-o of the General Municipal Law, the undersigned 4
municipalities hereby enter into this Intermunicipal shared services agreement for a five year 5
renewable recreation partnership “the parties” 6
This agreement shall become effective upon execution by each and every participating 7
municipality and shall be in force for the period beginning January 1, 2018 through December 8
31, 2022, and may be renewed for an additional five years by appropriate resolutions by each 9
of the municipal partners on or before December 31, 2022, all other terms and conditions of 10
this agreement remaining the same. 11
The Recreation Partnership governing board may recommend amendments to this 12
agreement with a two-thirds majority vote of the appointed members to the Recreation 13
Partnership Board. Recommended amendments must be ratified by all participating 14
municipalities to take effect. 15
16
Establishing a Program 17
The parties hereby establish an on-going program partnership for the purpose of 18
jointly planning, financing, providing, and coordinating shared recreational services that 19
supplement and complement those offered by localities. A governing board of partners will 20
direct and oversee the contracted services of the Ithaca Youth Bureau’s Recreation Division 21
(IYB), which is hereby designated to provide youth recreation programs and services as set 22
forth in this agreement. The Recreation Partnership will be governed independently of any 23
municipality. The Recreation Partnership will have no authority over any locally planned, 24
locally funded, and locally operated programs except at the request of the sponsoring 25
municipality. Local programs may choose to use the Recreation Partnership as a vehicle for 26
voluntarily sharing information, equipment, publicity about programs, and/or coordinating 27
their respective services. 28
2
1
2
Sharing Program Costs 3
4
Fees, sponsorships, grants, and the use of volunteers are not enough to cover the cost 5
of running Recreation Partnership programs and services. A municipal contribution from all 6
municipal partners is necessary to balance the budget. In order to fairly distribute these costs, 7
the Partners agree to the following cost-sharing formula. 8
The cost sharing formula allocates the annual net operating costs of programs into four 9
equal shares. The City of Ithaca agrees to pay one quarter of the net operating cost, the Town 10
of Ithaca agrees to pay one quarter, and the County agrees to pay one quarter. The smaller 11
municipalities agree to share the remaining quarter. 12
The cost for each smaller municipality shall be calculated using an index that 13
combines the previous year’s assessed value of its taxable properties in the Ithaca School 14
District and its share of program participation averaged over the past three years. This 15
formula, which assigns the assessed value twice the weight of participation, was selected for 16
several reasons. First, the weighting of assessed value was used as a measure of each 17
municipality’s ability to pay for services. Second, the formula recognizes that children from 18
the Ithaca City School District have been significant users of the services and a number of 19
municipalities have been concerned about providing equitable support to all their youth. 20
Third, the use of Ithaca City School District properties as opposed to the municipalities’ full 21
assessment, acknowledges that towns like Dryden, Ulysses, Groton, and Newfield also invest 22
significantly in their own local recreation programs, which are used primarily by children 23
from their own school districts. A chart outlining the 2017 approved municipal contribution 24
is attached as Appendix 1; an updated version of this chart including the worksheet shall be 25
given to each partnership municipality for each of the remaining 4 years of this agreement by 26
or before January 15 of each year. 27
28
29
30
3
1
2
3
4
5
To determine future contributions: 6
7
A) The Recreation Partnership Board shall review preliminary budget projections in 8
June and July and decide on the acceptable net program cost for the upcoming year 9
by the end of July. The budget projections should coincide with other municipal 10
and county budget deadlines. 11
12
B) During the budget development process, each Recreation Partnership Board 13
member shall discuss the municipal payments needed with its municipality to 14
determine if the budget adopted by the Recreation Partnership Board is feasible. If 15
any municipality has an objection to the proposed payment they should notify the 16
Recreation Partnership Board as soon as possible. 17
18
C) The Recreation Partnership Board may re-examine the basis for cost allocation and 19
may recommend amendments to this agreement to be ratified by all partners. 20
Any changes would take effect for the following fiscal year. 21
22
Governance 23
24
Name: The governing board shall be called the Recreation Partnership Board 25
Membership: The Recreation Partnership Board shall have a total of 14 voting 26
members. The partners include: Towns of Caroline, Danby, Dryden, Enfield, Groton, Ithaca, 27
Newfield and Ulysses, the Village of Lansing, City of Ithaca and Tompkins County. Each 28
participating municipality will have one seat on the governing board, except as provided 29
below. The Recreation Partnership Board recommends that these seats be filled with an 30
elected official willing and able to make policy decisions. When deemed necessary by a 31
municipal board, an unelected lay designee who has the confidence of that municipal board 32
may be appointed. 33
In addition, the City of Ithaca, the Town of Ithaca, and Tompkins County shall appoint 34
one additional representative each to reflect their greater investment in the Partnership. These 35
additional appointed representatives may be elected or lay members. The Recreation 36
Partnership Board may determine if it wants to create any non-voting at-large seats to add 37
4
expertise or coordinating links to other key stakeholder groups. Municipalities shall designate 1
their representatives and an alternate for each seat by certified resolution to be maintained on 2
file with the Tompkins County Youth Services Department. An alternate may vote in the 3
absence of the municipality’s designated member. 4
5
Members will serve one-year terms at the pleasure of their municipal board and may 6
be reappointed. 7
The Recreation Partnership Board will elect its own officers: a Chair and a Vice chair. 8
9
Roles of the Recreation Partnership Board 10
11
The Recreation Partnership Board shall operate under its own by-laws that have been 12
ratified by all municipal partners. Future amendments to the by-laws that are not inconsistent 13
with this agreement shall be made by a majority vote of the entire Recreation Partnership 14
Board provided that the proposed amendment has been presented for consideration of the 15
Recreation Partnership Board at the preceding regular meeting. In addition, the proposed by 16
laws amendment must be mailed or emailed to all members at least ten days before the 17
meeting at which the proposed change is to be voted upon. An amended copy of the by-laws 18
will be sent to each municipal clerk and chief elected official for their records. 19
The Recreation Partnership Board will develop a work plan of key policy, program, 20
future amendments, and planning issues to be addressed annually. 21
The Recreation Partnership Board urges municipal boards to include the proposed 22
costs recommended by the Recreation Partnership Board in their tentative municipal budgets. 23
The Recreation Partnership Board shall set program and budget priorities, approve the 24
net operating budget for programs, recommend goals for generating additional and/or 25
alternative revenues, set fees, and adopt guidelines for scholarships and fiscal targets,. The 26
Recreation Partnership Board shall determine its own meeting schedule but it shall meet no 27
fewer than six times a year to review progress toward goals, address policy questions and 28
5
review performance data and finances to assure that provider(s) are meeting the goals and 1
expectations of the partners. 2
The Recreation Partnership Board in conjunction with Ithaca Youth Bureau Staff will 3
annually evaluate system-wide performance goals using an agreed upon performance 4
measurement system to enable the Ithaca Youth Bureau to improve services. 5
Recreation Partnership Board representatives will be required to make regular reports 6
to their municipalities including, but not limited to, annual budget guidelines and program 7
services. 8
9
Roles of officers 10
11
The Chair shall develop the agenda in consultation with the Tompkins County Youth 12
Services Department staff and the Ithaca Youth Bureau, chair the meetings, represent the 13
Recreation Partnership Board at inter-municipal or public meetings, and assist as needed in 14
contract negotiations to implement the wishes of the Recreation Partnership Board. 15
The Vice Chair shall act in the absence of the Chair. 16
17
18
19
20
Role of Fiscal Agent and Staff Support 21
The participating municipalities will make their payments to Tompkins County on a 22
schedule agreeable to all partners. Tompkins County’s fiscal officer will have custody of the 23
funds and make payments to the Ithaca Youth Bureau as authorized by the Recreation 24
Partnership Board. The funds will be managed as a separate program within the Tompkins 25
County Youth Services Department budget. 26
27
28
6
1
Roles of Tompkins County Youth Services Department 2
Staff from the Tompkins County Youth Services Department will work in close 3
cooperation with the Recreation Division of the Ithaca Youth Bureau to provide support to the 4
Recreation Partnership Board that includes: 5
coordination of orientation of new members to the Partnership and its services; 6
orientation to the roles of the Recreation Partnership Board and its members; 7
assistance in developing an annual work plan of priority planning, and collecting 8
performance measurement data 9
assistance in developing policy options and guidelines for the Board’s action as 10
needed to implement the work plan; 11
preparation of meeting agendas in consultation with the Board chair and Ithaca Youth 12
Bureau staff; 13
preparation of meeting minutes 14
preparation of contracts with the Ithaca Youth Bureau as authorized by the Recreation 15
Partnership Board; 16
coordination with the Ithaca Youth Bureau to assure that their program policy 17
questions that require Recreation Partnership Board decisions are acted on in a timely 18
way; 19
Authorization of payments per Recreation Partnership Board authorized contracts after 20
audit of claims pursuant to Tompkins County procedure. 21
Assistance to the Recreation Partnership Board in monitoring and evaluating 22
providers, as requested. 23
Staff support to Recreation Partnership Board to implement work plan. 24
25
Roles of Recreation Program Provider Ithaca Youth Bureau 26
27
The City of Ithaca as provider will be responsible for: 28
29
providing the programs and services authorized by the Recreation Partnership Board 30
in compliance with all relevant laws and safety regulations; 31
providing a yearly summary of participation and periodically highlighting any trends 32
or significant changes in program participation, customer feedback, expenses or 33
revenues for the Recreation Partnership Board; 34
providing adequate liability coverage as determined by the County and the Recreation 35
Partnership Board for approved programs and defending, indemnifying and holding 36
the participating municipalities harmless; harmless from all actions, omissions and 37
claims caused by the provider’s acts or omissions in connection with its 38
responsibilities under this agreement 39
tracking and reporting expenses and revenues as outlined in the contract; 40
tracking participation in formats and on a schedule requested by or acceptable to the 41
Recreation Partnership Board; 42
7
recommending programs or changes to improve services and/or lower costs; 1
Working with the Tompkins County Youth Services Department to present any policy 2
questions and options related to programs or financing that require Recreation 3
Partnership Board action. 4
5
FISCAL AND ADMINISTRATIVE ACCOUNTABILITY 6
Role and Relationship of the City of Ithaca: As a member, the City will be 7
responsible for one quarter of the program costs. Like other members, it will make a payment 8
to Tompkins County for its share of the approved budget. Like Tompkins County and the 9
Town of Ithaca, it will have two seats on the governing board. Like other members, it may ask 10
or convene local advisory committees to recommend the kinds of recreation services they 11
want for the residents of their own municipality. 12
As a provider selected to operate programs, the City of Ithaca’s Youth Bureau will 13
hire/contract staff as needed within the approved budget to provide services authorized by the 14
Recreation Partnership Board. As a provider, the City will use its own facilities and may 15
enter into agreements with other municipal partners or agencies to use other facilities 16
throughout the partnership for approved programs. 17
As a provider, the Ithaca Youth Bureau may sub-contract with other persons or entities 18
to provide programs under this agreement. Due consideration shall be given to 19
appropriateness and safety of the programs and the providers. Any such sub-contractors must 20
carry adequate insurance as determined by the City and the Recreation Partnership Board 21
against liability for personal injury and/or property damage. 22
As a provider, the Ithaca Youth Bureau will keep a separate account of partnership 23
funds and report in a format and on a timetable requested by the Recreation Partnership 24
Board. 25
Role of Tompkins County: Tompkins County is the fiscal agent for the Partnership 26
and the County’s fiscal officer shall have custody of the money and made available for 27
expenditure under this agreement. The County shall invoice municipalities based on 28
the agreed-on cost allocation and payment schedule. The Tompkins County Youth 29
Services Department will administer those funds in accordance with the wishes of the 30
Recreation Partnership Board by creating and managing the contract with the Ithaca 31
Youth Bureau and making approved payments. 32
8
1
The Ithaca Youth Bureau will continue to be responsible for tracking line item 2
expenses and program revenues and will provide this information in a format required by th e 3
Recreation Partnership Board. 4
5
Fiscal accountability 6
As a condition of this agreement, the Ithaca Youth Bureau shall maintain records of 7
expenses and revenues as required by the Recreation Partnership Board. The Ithaca Youth 8
Bureau shall prepare financial reports in a format that satisfies the governing board which 9
includes proposed budget and year–to-date cumulative expenses and revenues. The County 10
shall pay the Ithaca Youth Bureau 100% of the agreed-upon contract amount to provide 11
approved programs. The County shall make the annual payments in three equal amounts by 12
April 30th, September 30th, and January 15th. 13
14
How Municipalities Join or Leave the Partnership 15
Joining: If any non-participating municipality in Tompkins County chooses to join 16
after this agreement goes into effect, the Recreation Partnership Board will calculate the cost 17
for a new member and the board will determine the effective date of membership. After 18
signing this Agreement the new municipality will be invited to appoint one elected official or 19
designee and an alternate to serve as a voting member on the Recreation Partnership Board, 20
and the size of the Recreation Partnership Board shall increase by one. For the first year, the 21
Recreation Partnership Board will determine if the additional municipal contribution will 22
change the already agreed-on municipal contribution for the current partners and if so by how 23
much, subject to approval by all of the municipal boards. 24
Leaving: A member municipality may elect to withdraw from th e Recreation 25
Partnership. The municipality seeking to withdraw must notify the Recreation Partnership 26
Board in writing and commit to making its contribution for the following year. E.g., a 27
9
municipality must notify the Recreation Partnership Board in writing any time in 2018 of its 1
intention to withdraw at the end of December 2019. 2
If a municipality withdraws the Recreation Partnership will develop future budgets 3
based on adjusted revenues and expenses. 4
By entering into this agreement, each municipality pledges to honor its contractual 5
obligations to the other members and to abide by the notification policy herein described 6
when it desires to leave the Recreation Partnership. 7
In 2021, the year prior to the agreement’s end, the Recreation Partnership Board will 8
review and update the agreement. Any municipality wishing to withdraw at the end of the 9
agreement must notify the Recreation Partnership Board of its intention by June 2021. 10
11
Participation in Programs by Residents on Non-Member Municipalities 12
Residents from non-member municipalities are welcome to participate on a space-available 13
basis. Since they are not contributing through local taxes to subsidize the programs, they will 14
be charged a fee twice the rate charged to members. 15
16
17
TOWN OF CAROLINE__________________ date_____________________________ 18
by________________________ 19
20
21
TOWN OF DANBY 22
23
by_________________________ date_____________________________ 24
25
26
TOWN OF DRYDEN 27
28
29
by_________________________ date____________________________ 30
31
TOWN OF ENFIELD 32
33
34
by_________________________ date_____________________________ 35
36
10
TOWN OF GROTON 1
2
3
by_________________________ DATE___________________________4
5
6
7
TOWN OF ITHACA 8
9
10
by_________________________ date_____________________________ 11
TOWN OF NEWFIELD 12
13
14
BY________________________ DATE__________________________ 15
16
17
18
TOWN OF ULYSSES 19
20
21
by_________________________ date_____________________________ 22
23
VILLAGE OF LANSING 24
25
26
by_________________________ date_____________________________ 27
28
29
30
CITY OF ITHACA 31
32
33
by_________________________ date_____________________________ 34
35
36
COUNTY OF TOMPKINS 37
38
39
by_________________________ date_____________________________ 40
41
42
43
44
45
46
11
1
2
3
4
5
6
7
8
9
10
11
Attachment 1 For 2018
Cost Sharing Plan for Recreation Partnership Municipal Members
In the plan agreed to by all eleven participating municipalities, the cost to partners is
calculated by subtracting all fees and other revenues from the cost of providing registration-
based programs approved by the Partnership Board. The net cost is to be shared according the
following formula:
City of Ithaca shall pay one quarter.
Town of Ithaca shall pay one quarter.
Tompkins County shall pay one quarter to underwrite the cost to all municipalities.
Smaller municipalities shall share the remaining one-quarter.
Formula for sharing one quarter of the net cost of programs among smaller municipalities:
The following figures were calculated using an index of assessed value of 2015 taxable
properties in the Ithaca City School District and the percentage of participation from each
municipality averaged over a three year period (14, 15, and 16). Property assessments are
assigned a value of twice that of participation. (Detailed calculations are on file at Tompkins
County Youth Services Dept.)
Partner 2017 2018
City of Ithaca $69,122 $70,505
Town of Ithaca $69,122 $70,505
Tompkins County $69,122 $70,505
Town of Caroline $8,690 $8,512
Town of Danby $13,360 $13,349
Town of Dryden $14,596 $15,287
Town of Enfield $5,770 $5,780
Town of Groton $642 $382
Village of Lansing $15.930 $16,904
Town of Newfield $2,356 $2,418
Town of Ulysses $7,778 $7,887
Total $236,980 $236,980
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 2018 Annual Common Council Concurrence that the City of Ithaca Planning
and Development Board be Lead Agency in Environmental Review for Site Plan
Review Projects for which the Common Council is an Involved Agency Resolution
WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and
Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead
agency be established for conducting environmental review of projects in accordance
with local and state environmental law; and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action; and
WHEREAS, State Law also specifies that when an agency proposes to directly
undertake, fund or approve a Type I or Unlisted Action undergoing coordinated review
with other involved agencies, it must notify them that a lead agency must be agreed
upon within 30 calendar days of the date that the Environmental Assessment Form
(EAF) or draft EIS was transmitted to them; and
WHEREAS, Projects submitted to the Planning Board for Site Plan Review and
Approval, at times involve approvals or funding from Common Council, making Council
an involved agency in environmental review; and
WHEREAS, in accordance with the State Environmental Quality Review Law and the
City of Ithaca Environmental Quality Review Ordinance, involved agencies are provided
with project information and environmental forms for their review, as well as all
environmental determinations; and
WHEREAS, Common Council did consent to the Planning & Development Board acting
as Lead Agency in environmental review for site plan review projects for which Common
Council has been identified as an Involved Agency for the years of 2015, 2016 and
2017; and
WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the
environmental review process more efficient, it is desirous to continue the agreement in
which the Planning Board will assume Lead Agency status for such projects; now,
therefore be it
RESOLVED, That Common Council does hereby consent to the Planning &
Development Board acting as Lead Agency in environmental review for site plan review
projects for which Common Council has been identified as an Involved Agency through
December 31, 2018; and, be it further
RESOLVED, That for any future project Common Council may withhold or withdraw its
consent should it so desire.
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565
E-Mail: dgrunder@cityofithaca.org
To: Common Council
From: Lisa Nicholas, Senior Planner
Date: November 1, 2017
Re: 2018 Annual Council Concurrence that the Planning Board be Lead Agency in Environmental Review
for Site Plan Review Projects for which the Common Council is an Involved Agency
Annually Common Council passes a resolution concurring that the Planning Board will be Lead Agency in
environmental review for site plan review projects for which the Common Council is an involved agency.
Examples of such projects include the Chainworks District Project, the Marriott Hotel, the Hilton Canopy and 210
Hancock Street. As per the previously adopted resolutions, this arrangement ends on December 31 of each year
and must be renewed annually. Please find enclosed a proposed resolution which extends this arrangement to
December 31, 2018.
The purpose of this arrangement is to make the environmental review process more efficient while, at the same
time, keeping Council informed of its potential role in the environmental review of site plan projects.
Environmental forms and project information would continue to be forwarded directly to Council members
without the need to coordinate with a monthly meeting schedule. This prevents the difficulty of the 30‐day
deadline to establish Lead Agency but preserves Council ability to not concur should that be the preferred course
of action for any future project. As an involved agency, Council could, if desired, provide input to the Lead
Agency. All comments from involved agencies are addressed during the environmental review.
The Planning Board also has this arrangement with the Board of Zoning Appeals.
If you have any questions, please contact me at 274‐6557.
9.2 Common Council Authorization for Restore NY5 Funding Application -
Resolution
WHEREAS, the 2016-17 New York State budget appropriated new funding for the
Restore New York’s Communities Initiative (“Restore NY5”) to revitalize urban areas
and stabilize neighborhoods and authorized the Empire State Development Corporation
(“ESDC”) to implement the program; and
WHEREAS, the goals of the Restore NY program are to (1) revitalize urban centers, (2)
induce commercial investment, and (3) improve the local housing stock; and
WHEREAS, Restore NY5 funding is available only for projects involving the demolition,
deconstruction, rehabilitation and/or reconstruction of vacant, abandoned, condemned
or surplus properties; and
WHEREAS, municipalities with populations under 40,000 are eligible to submit one
project, which may contain multiple related properties, not to exceed a request for
$1,000,000 in funding; and
WHEREAS, in response to a public call for proposals by the IURA, the following four
projects were submitted:
1. Ithaca Housing - Redevelopment of the Green Street Garage, 120 E.
Green Street;
2. Reach on State Street, 310 W. MLK Jr./State Street;
3. Home Dairy/Yellow Deli Building, E. MLK Jr./State Street;
4. 100s West, 121-123 W. State Street and 108-114 W. Green Street, and
WHEREAS, the IURA Economic Development Committee evaluated proposals to
maximize community benefit and competiveness for funding and recommended
advancing the following two projects for final consideration:
• 100s West
• Reach on State Street (subject to securing site control), and
WHEREAS, the sponsor for the Reach on State Street project was unable to secure site
control of 310 W. State Street though the site was acquired by another buyer who seeks
RestoreNY financial assistance to rehabilitate the historic structure on the property; and
WHEREAS, the 100s West project is an approximately $2.5 million project by Urban
Core, LLC to rehabilitate 3 adjacent buildings located at 121 W. MLK, Jr/State St., 123
W. MLK Jr./State Street and 108-114 W. Green Street, to create four below-market
housing units and renovate 25,000 square feet of retail and commercial space; and
WHEREAS, Restore NY5 application must include a municipal resolution in support of
the application, proof that a public hearing was held on proposed application, and a site
control affidavit for projects located on non-municipally owned property; and
WHEREAS, the property owners have agreed to provide the full 10% required local
match contribution, so no City match funds are required; now, therefore be it
RESOLVED, That the City of Ithaca Common Council hereby endorses a Restore NY5
application for up to $1,000,000 that includes the following projects: 100s West, Urban
Core, LLC 310 W. State Street, David Halpert and Teresa Halpert Deschanes; and, be it
further
RESOLVED, That the City of Ithaca Common Council hereby finds the proposed project
is consistent with the City comprehensive plan and Urban Renewal Plan; that the
proposed financing is appropriate for the specific project; that the project facilitates
effective and efficient use of the existing and future public resources so as to promote
both economic development and preservation of community resources; and the project
develops and enhances infrastructure and/or facilities in a manner that will attract,
create, and sustain employment opportunities where applicable; and, be it further
RESOLVED, That the Mayor, upon advice from the City Attorney, is hereby authorized
to take all actions necessary to submit a Restore NY5 application in accordance with
this resolution, including, but not limited to, certification of the application; and, be it
further
RESOLVED, That the Mayor is authorized to modify the proposal to address any
unforeseen feasibility issues that arise that would impact competitiveness of the
application; and
RESOLVED, That, if awarded, the Mayor, upon advise from the City Attorney, is hereby
authorized to execute an agreement with ESDC, and any other documents necessary to
receive the Restore NY grant, as well as agreements with individual property owners to
implement the project; and, be it further
RESOLVED, The IURA is hereby authorized to administer and implement the City’s
Restore NY5 grant award.
Ithaca
Urban
Renewal
Agency
108 East Green Street
Ithaca, New York 14850
(607) 274-6565
To: Planning & Economic Development Committee
From: Nels Bohn, Director of Community Development
RE: Recommended Restore NY5 Project – Substitute Resolution
Date: November 8, 2017
Please consider the attached substitute resolution for agenda item 5.b) – Restore NY Grant
Funding Application.
The original resolution was prepared prior to the 11/7/17 IURA Economic Development
Committee (EDC) meeting where the Restore NY5 grant application was discussed.
The EDC recommends including an additional project in the application to rehabilitate the
building at 310 W. State/MLK Jr. Street in the grant application. The vacant building at this
property is a contributing resource in the Downtown West local historic district. This property
was recommended for inclusion in the application subject to the sponsor, The Reach Project Inc.,
gaining site control. The sponsor was unable to gain site control so the original resolution in the
meeting packet omitted this property from the RestoreNY5 application.
It was recently revealed that David Halpert and Teresa Halpert Deschanes are acquiring the
property at 310 W. State/MLK Jr. Street. They seek to rehabilitate the historic structure at the
property for residential use. They have applied to be included in the City’s RestoreNY5 grant
application for $117,000 of assistance to replace slate roofing and abate asbestos. The sponsors
have agreed to maintain rents at an affordable level for at least 10 years.
The EDC recommends inclusion of the 310 W. State/MLK Jr. property in the Restore NY5 grant.
Please find attached the following additional materials:
‐ Proposed substitute resolution
‐ Summary application for 310 W. State
RESTORE5 NY PRELIMINARY PROJECT PROPOSAL FORM
Name of Applicant:
Urban Core, LLC
Project/Building Name:
100s West
Property Address
(identify each separate
property):
121 W. State Street, 123 W. State Street, 108-114 W. Green Street
Briefly Describe
Project:
(must include
rehabilitation and/or
reconstruction)
Rehabilitate the lower level of 121 W. State Street to make it ready for a new
restaurant. Gut rehabilitation of the ground floor, ¾ of the second floor, and the
lower level of 123 W. State Street to engage it with the street level and connect
through to Press Bay Alley and Green street and to install flexible beautiful
office spaces on the second floor. Re-working of the sidewalk and installation
of attractive street furniture in front of both buildings on State Street to
enhance accessibility and pedestrian experience, and to install additional
cycling infrastructure. Install an elevator in 123 W. State Street to enhance
accessibility. Replacement of the gate with an attractive egress gate and
installation of flexible outdoor seating in Stage House Alley. Rehabilitate 108-
114 W. Green Street and create an engaging pedestrian courtyard similar in
character to Press Bay Alley, install a series of storefronts on the building
allowing for additional micro-retail uses. Rehabilitate the second floor of 108-
114 W. Green to create 4 new reasonably priced high-quality housing units.
Replace the sidewalks from 108-118 W. Green street with new addressing poor
grading, degradation, and adding attractive high-quality street furniture, bike
racks, and other amenities, install curb extensions and parklets for traffic
calming and enhanced pedestrian experience on Green street.
Total Project Cost:
$2.5MM
Restore NY5 Funding
Request:
$1MM
Estimated Equity
Investment:
$1MM
Describe Site Control: All properties are presently in our possession
Existing Building(s) Size
(sq. ft. by property):
121 W. State Street 3600
123 W. State Street 15000
108-114 W. Green Street 10000
% of Existing Building(s)
Vacant (by property):
121 W. State Street 67.6%
123 W. State Street 71.2%
108-114 W. Green Street 76.41
Intended Reuse
(by property):
Sq. Ft. Residential: 108-114 W. Green 2000SF
Sq. Ft. Retail:121 W. State 3600SF, 123 W. State 5000SF, 108-114 W. Green
Street 7000SF
Sq. Ft. Other Commercial:123 W. State 10000SF
Sq. Ft. Other (specify):
Housing Units:
(by property)
# of housing units: 4
Tenure (rent or for sale): for rent
# below market rental units: 4
Date of Anticipated
Construction Start:
(assume 3/18 award):
3/19/2018
Attach any additional optional information such as photos, site maps, floor plans and renderings
9.3 Resolution to Select Artwork for E. State/MLK Street and Stewart Avenue
Electrical Box
WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to,
among other duties, review and advise the Common Council on proposals for the
exhibition and display of public art in the City’s public spaces; and
WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank
walls within the city while providing local artists from all sections of the community an
opportunity to showcase their work; and
WHEREAS, the Board of Public Works approved several locations for future murals and
street art, including municipal electrical boxes throughout the city, by resolution on May
19, 2010; and
WHEREAS, in 2012 the PAC launched a project to beautify 21 municipal electrical
boxes through the creation of mini-murals, and subsequent rounds of the project were
completed in 2014 and 2017; and
WHEREAS, local artist Todd Ayoung has submitted his proposal for an electrical box
mural, titled “Art After Freedom is a Constant Struggle”; and
WHEREAS, after reviewing available locations and speaking with the artist, the PAC
selected the electrical box at the intersection of E. State/MLK Street and Stewart
Avenue as the proposed location for this mural; and
WHEREAS, the PAC held public comment on the proposal at its meeting on October
26, 2017 and, while a quorum was not present, those members in attendance supported
the installation of Todd Ayoung’s proposal “Art After Freedom is a Constant Struggle” on
the electrical box at the intersection of E. State/MLK Street and Stewart Avenue; now,
therefore be it
RESOLVED, That the City of Ithaca Common Council selects the proposal “Art After
Freedom is a Constant Struggle” by Todd Ayoung to be installed on the electrical box at
the intersection of E. State/MLK Street and Stewart Avenue and to be added to the
City’s public art collection; and, be it further
RESOLVED, That the selected artist may proceed with the installation of his mural upon
the execution of an agreement with the City (as reviewed by the City Attorney).
TO: Planning & Economic Development Committee
FROM: Megan Wilson, Senior Planner
DATE: November 2, 2017
RE: Proposed Public Art Projects
The City’s Public Art Commission (PAC) has recommended two projects for Common Council’s
consideration. The first is a proposal for a new electrical box mural at the intersection of E.
State/MLK Street and Stewart Avenue. Todd Ayoung has submitted a proposal, titled “Art After
Freedom is a Constant Struggle,” that depicts drawings he made in response to a reading. The PAC
identified the proposed location and circulated the proposal to surrounding property owners for
comment. While a quorum was not present, the PAC members in attendance recommended the
project for approval by the Common Council. Please note that while Todd Ayoung is a member of
the PAC, he was not present for the PAC’s discussion or decision on this proposal.
The second project is a proposal from Jay Potter for a rotating mural installation on the rear façade
of a workshop at the Water & Sewer facilities on First Street. The mural will be visible from Franklin
Street. The attached design represents the first mural proposal for this location. Mr. Potter will work
with other artists to install subsequent murals on a regular basis, and he is seeking Common Council
approval for a rotating mural exhibit. The arrangement would be similar to the existing agreement for
the handball court in Wood Street Park. Mr. Potter curates and maintains the murals on the handball
court wall. He works with local and visiting artists to paint new murals regularly and does not have
each design approved by the Common Council, provided the design meets the agreed upon criteria.
For the proposed location, an agreement with the City would require that:
Each new artwork is appropriate for all ages;
Animals and/or portraits will be integrated with colorful designs;
Artworks will be of high-quality;
Artworks will be maintained from weathering, paint deterioration, fading, vandalism, etc.; and
Artworks will not be religious or political in nature.
The PAC reviewed this proposal at its October meeting as well. While a quorum was not present, the
PAC members in attendance recommended that Common Council approve the rotating mural
installation for a period of five years. At the end of the five years, the agreement could be renewed
with subsequent Council approval. The PAC also encouraged Mr. Potter to work with a diverse group
of artists in his future collaborations.
Both proposals are attached for your review. Staff will attend the Planning and Economic
Development Committee meeting on November 8th to answer any questions. Please feel free to
contact me at mwilson@cityofithaca.org or 274-6560 if you have any questions prior to the meeting.
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
JoAnn Cornish, Director
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565
E-Mail: dgrunder@cityofithaca.org
Proposal: “Art After Freedom is a Constant Struggle” by Todd Ayoung
Location: Electrical box at the intersection of E. State/MLK Street and Stewart Avenue
“As a visual artist and avid reader, I find myself drawing in the margins, blank pages and
between text of books I read. I am what French writer Roland Barthes calls a "writerly
reader". This "writerly" activity is usually done in various colors in ballpoint pen, but
primarily in blue, and incorporates both abstract, surreal, and or observational imagery
(see ballpoint samples submitted), that has sci fi/biomorphic/geometric visual art
representations.
For my electric box proposal, I will present my sketches from the book Freedom is a
Constant Struggle by Angela Y. Davis. The box will visualize fragments of book’s text
interspersed/interacting with abstract, surreal and representational drawings .
The surface of the box will be painted white, like a page of a book, and will have stenciled
text (red and black) along with my mostly blue line rendered sketches.”
9.4 Resolution to Select Artwork for a Rotating Mural Installation on Water & Sewer
Workshop
WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among
other duties, review and advise the Common Council on proposals for the exhibition and display
of public art in the City’s public spaces; and
WHEREAS, Plan Ithaca, the City’s comprehensive plan, identifies public art as an important
cultural resource that contributes to quality of life and economic vitality and calls for the City’s
continued support of public art; and
WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls
within the city while providing local artists from all sections of the community an opportunity to
showcase their work; and
WHEREAS, the Board of Public Works approved several locations for future murals and street
art, including the Department of Public Works facilities on First Street, by resolution on May 19,
2010; and
WHEREAS, local artist Jay Potter has submitted a proposal for a rotating mural installation on
the rear façade of a workshop at the Water & Sewer facilities on First Street; and
WHEREAS, Mr. Potter has submitted a design for the first installation that features the Spanish
word “junta” and the “Painted Lady” butterfly, and the installation will change occasionally after
this original design is painted; and
WHEREAS, Mr. Potter will collaborate with other artists on future designs and will provide
ongoing maintenance for the installation; and
WHEREAS, each mural design will be appropriate for all ages, colorful, and of high quality and
will not be religious or political in nature; and
WHEREAS, the artist will donate his time and materials, and the mural installation will be
budget-neutral to the City; and
WHEREAS, the PAC held public comment on the proposal at its meeting on October 26, 2017
and, while a quorum was not present, those members in attendance supported the approval of a
rotating installation by Jay Potter for a period of 5 years, with the option to renew, and
encouraged the involvement of a diverse group of artists in future designs; now, therefore be it
RESOLVED, That the City of Ithaca Common Council selects Jay Potter to install and maintain
a rotating mural installation on the rear façade of a Water & Sewer Workshop on First Street for
a period of 5 years, with the option to renew with approval by Common Council; and, be it
further
RESOLVED, That the selected artist may proceed with the installation of his mural upon the
execution of an agreement with the City (as reviewed by the City Attorney).
1
Proposal: Rotating Mural Installation by Jay Potter
Location: Water & Sewer Building (visible from Franklin Street)
2
“I am seeking wall space approval to produce rotating artworks on the rear wall of 421 Franklin St,
with conditions as outlined below. The site location is a large plain white cinder block wall, (please
see attached screenshot).
I believe positive, colorful, artwork would greatly enhance the space and immediate area.
All supplies for the initial and proceeding artworks to be provided free of charge by myself.
I am seeking a similar arrangement as with the hand ball wall at the Ithaca skateboard park,
which I maintain, and rotate art collaborations with guest artists that I know are capable of
producing high quality work in a professional manner.
As with the hand ball wall at the Ithaca skateboard park agreement -- it is clearly understood that:
Each new artwork is always appropriate for all ages
Animals and/or portraits will be integrated with colorful designs
Artworks will be executed to a high quality. (please see attached samples)
Artworks will be maintained from weathering, paint deterioration, fading, vandalism, etc.
Artworks will not be religious or political in nature
My objective is always to bring fun, colorful, energetic murals to a location that is void of color or
creativity. (attached images are examples of the quality of work I intend to paint at this location)
For the first mural at this space I am proposing to paint the 'Painted Lady' butterfly (see last two
images attached), along with the sketch, which will be full of vibrant colors. 'Junta' is a word I
selected to frequently paint while visiting Nicaragua.
Junta:
The Spanish junta (“together”) comes from the Latin iunctus for “joined.” If you are together, then
you are joined in one form or another.
From the Latin root iunctus, we get the English joint. A joint, after all, is just the exact point where two
different things come together!”
3
4
Previous Work
Samples:
5
6
9.5 Proposed Resolution to Authorize Cornell University by Memorandum of
Understanding (MOU) to secure “Ezra’s Tunnel” at Ithaca Falls Park
WHEREAS, the Cornell University administration has expressed concern that the open
Western access to “Ezra’s Tunnel” at Ithaca Falls Park (hereafter “Western Access”)
and the part of Fall Creek Gorge beyond pose a well‐documented hazard to public
health and safety, including emergency responders; and
WHEREAS, Cornell University (“Cornell”) has offered to construct a safety barrier
consisting of two fences, one with a secure gate, to secure the Western Access (“Safety
Barrier”) and grant it to the City of Ithaca;
WHEREAS, the City of Ithaca is willing to take ownership of the proposed
Safety Barrier to the Western Access on certain terms and conditions; now, therefore be
it
RESOLVED, That the Mayor, subject to the advice of the City Attorney and Director of
Public Works, is authorized to enter into a Memorandum of Understanding (“MOU”)
concerning the proposed Safety Barrier with Cornell containing, among others, terms
approximating the following:
1. The plans and specifications for the Safety Barrier shall be prepared at the
sole cost of Cornell, for subsequent review by the City, including the
Superintendent of Public Works and Fire Chief.
2. The Safety Barrier shall have keyed access for emergency and
maintenance personnel.
3. Cornell shall construct the Safety Barrier at its sole cost and expense.
4. Cornell and its contractors shall provide proof of insurance naming the
City of Ithaca as additional insured in form and amount reasonably
approved by the City Attorney. Cornell shall hold the City of Ithaca
harmless from liability connected with the Safety Barrier during
construction and until the Safety Barrier site is turned over to the City of
Ithaca. Thereafter the City shall hold Cornell harmless from liability
connected with the Safety Barrier.
5. The City of Ithaca shall take sole ownership of the Safety Barrier after the
Safety Barrier is accepted by the City.
9.6 Resolution to Approve Creative Bike Rack Designs for Fabrication and
Installation
WHEREAS, in the spring of 2017, the Downtown Ithaca Alliance, in partnership with the
City of Ithaca and Tompkins County held a call for submissions for creative bike rack
designs; and
WHEREAS, a design review board composed of bicycle advocates, the City’s Public Art
Commission (PAC) and other community members worked with the Downtown Ithaca
Alliance and were responsible for selecting the winning designs; and
WHEREAS, Plan Ithaca, the City’s comprehensive plan, identifies public art as an
important cultural resource that contributes to quality of life and economic vitality and
calls for the City’s continued support of public art (see Cultural Resources); and
WHEREAS, designs were judged on functionality, artistic innovation and creativity; and
WHEREAS, there were 79 submissions of which 13 were chosen for fabrication; and
WHEREAS, the PAC held a public comment period for the proposals through
notification of surrounding property owners of all thirteen locations; and
WHEREAS, the public comments were discussed by members of the PAC on June 22,
2017; and
WHEREAS, after reviewing public comment, the PAC voted unanimously to recommend
the bike racks and their locations be considered for approval by the Common Council;
and
WHEREAS, according to the project sponsor, the racks will be donated and become the
property of the City; and
WHEREAS, on July 12, 2017, the Planning Committee approved the design, fabrication,
and installation of thirteen bike racks, in the locations proposed, as recommended by
the Public Art Commission, pending approval by the Board of Public Works; and
WHEREAS, on September 25, 2017, the Board of Public Works reviewed and approved
the design, fabrication, and installation of thirteen bike racks, in the locations proposed;
now, therefore be it
RESOLVED, That the City of Ithaca Common Council approves the design, fabrication,
and installation of thirteen bike racks, in the locations proposed, as recommended by
the Public Art Commission and attached to this resolution.
^_^_
^_^_^_^_^_^_
^_^_
^_^_
^_
E GREEN ST
E SENECA ST
E BUFFALO ST
N TIOGA STN GENEVA STN CAYUGA STN AURORA STS AURORA
STS ALBANY STS CAYUGA STS GENEVA STW STATE ST
W GREEN ST
PROS
P
E
C
T
S
T
W COURT ST
E STATE ST
W SENECA ST
W BUFFALO ST TERRACE PLHUDS
O
N
S
T
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A
W
A
Y PARKER STW STATE ST E STATE ST
^_^_8
7654
3
2
1
16
1514
13 ^_12
11 10
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,
USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS
User Community
Id Name1 Cayuga north of Green2 Cayuga @ Cultivare 13 Cayuga @ Cultivare 24 E. MLK Jr. St. Alta Spa5 E. MLK Jr. St. Rev/Old Goat6 E. MLK Jr. St. CSMA 1
7 E. MLK Jr. St. SCMA 2
8 Aurora and Seneca Contemporary Trends
9 Aurora and Seneca Asia Cuisine
10 W. MLK Jr @ Cayuga Handwork
11 W. MLK Jr. @ Vintage Industry
12 Green @ Press Bay Alley
13 Green @ Diamonds
14 Seneca @ Dewitt 1
15 Seneca @ Dewitt 2
16 E Court St - County Planning Building
Art Bike Rack Approximate Locations
9
Bike Rack Location and Designs
1
9
7
12
6
14
4
13
2
11
108
5
X
X
X
10. CITY ADMINISTRATION COMMITTEE:
10.1 Department of Public Works – Water and Sewer - Amendment to Personnel
Roster – Plumbing Inspector - Resolution
WHEREAS, the Water and Sewer Division anticipates that a vacancy in the position of
Chief Inspector of Plumbing will occur in 2018; and
WHEREAS, the Chief Inspector of Plumbing is a specialized position that requires
significant training both in the office and in the field; and
WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division
has budgeted to provide for an overlapping position in both the 2017 and proposed
2018 budget; and
WHEREAS, the Water and Sewer Division recommends the position be filled a
minimum of nine (9) months in advance of the actual vacancy to allow for adequate
training and a smooth transition; and
WHEREAS, the overlapping position will have the title of Plumbing Inspector to be
consistent with Building Division titles, and will reside in the Building Division, but will
essentially have the same job description as the Chief Inspector of Plumbing; and
WHEREAS, the Chief Inspector of Plumbing’s responsibilities will be transferred to the
Plumbing Inspector in the City Building Division upon the retirement of the Chief
Inspector of Plumbing; now, therefore be it
RESOLVED, That the Personnel Roster of the City Building Division be amended as
follows:
Add: One (1) Plumbing Inspector
; and, be it further
RESOLVED, That upon the retirement of the current Chief Inspector of Plumbing, the
position vacated through retirement shall be abolished effective on the employee's
retirement date; and, be it further
RESOLVED, That funding for this position will be allocated 40% from account F8313
and 60% from account G8113.
10.2 Department of Public Works – West State/Martin Luther King Jr. Street
Corridor Enhancements - Resolution
WHEREAS, on September 6, 2017, Common Council approved a resolution authorizing
funding for Capital Project #790, West Martin Luther King Jr. Street Corridor
Enhancements , P.I.N. 395050 (the “Project”); and
WHEREAS, the Board of Public Works, acting as the lead agency, declared on May 8,
2017, that the project would not have a significant negative environmental impact, in
accordance with the City Environmental Quality Review Ordinance and the New York
State Environmental Quality Review Act; and
WHEREAS, as a part of the funding authorization, Common Council directed the Board
of Public Works to reconsider a component of the project, namely the signalization of a
mid-block pedestrian crosswalk; and
WHEREAS, on October 23, 2017 and November 13, 2017, the Board of Public Works
discussed the benefits and costs of the mid-block signal, including considerations for
pedestrians, motorists, ownership and maintenance costs to the City, and the flexibility
to include signalization now compared to adding it in the future; and
WHEREAS, on November 13, 2017, the Board of Public Works supported a resolution
recommending to Common Council to keep the mid-block signalized crossing in the
project but had no quorum to vote; now, therefore be it
RESOLVED, That Common Council approves the mid-block signal as a component of
this Project and appreciates the time and reconsideration by the Board of Public Works.
10.3 City Attorney – Authorization to Share Proceeds from Any Future Sale of
“TCAT Parcel” - Resolution
WHEREAS, on October 9, 1991, the City, County, Cornell University and Gadabout
entered into a Regional Transit Facility Construction and Operation Agreement to
establish general terms for ownership, construction and operation of the newly forming
Tompkins Consolidated Area Treat (TCAT) facility; and
WHEREAS, in such agreement, the City agreed to provide a site of approximately two
acres, on which TCAT presently sits, with a right-of-way, to the south and two
easements to the north of the TCAT parcel; and
WHEREAS, upon execution of the agreement and completion of the facility, the City
agreed to convey one-half of its right, title and interest in the TCAT parcel including any
improvements, appurtenances, easements and rights-of-way to itself and the County,
with each owning a one-half interest in the property and facility; and
WHEREAS, such conveyance was never completed, and would today present
substantial impediments in the form of zoning restrictions on subdividing the TCAT
parcel from the greater City-owned parcel; and
WHEREAS, City and County staff have expressed support for execution of an
agreement creating a joint stake in the proceeds of any future sale of the TCAT parcel,
and the County is currently seeking approval from its legislature to execute such an
agreement; now, therefore be it
RESOLVED, That the Common Council authorizes the Mayor, upon consultation with
the City Attorney, to execute a memorandum of understanding containing terms
substantially similar to those of the attached agreement concerning the division of
proceeds from any future conveyance of the TCAT parcel.
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”) is made as of the day of , 2017,
by and between the City of Ithaca, a municipal corporation with offices at 108 East Green Street,
Ithaca, New York located (the “City”), and County of Tompkins, a municipal corporation with
offices at 125 East Court Street Ithaca, New York (the “County”); and
Whereas, on October 9, 1991, with Cornell University and Gadabout, the above parties
entered into a Regional Transit Facility Construction and Operation Agreement to establish general
terms for ownership, construction and operation of the TCAT facility, with such Agreement hereby
incorporated by reference as the “Construction and Operation Agreement;” and
Whereas, in Section 3 of the Construction and Operation Agreement, entitled “Site and
Facility Ownership”, the City agreed to provide a site of approximately two acres, depicted as
“Parcel A” in the survey titled “Subdivision Map No. 725 Willow Street”, dated December 8,
2015, and hereby attached and incorporated into this Agreement as Exhibit A, with a right of way
to the south and two easements to the north of the Parcel A (“Parcel A Site and Facility”); and
Whereas, upon execution of the Construction and Operation Agreement and completion of
the facility, the City agreed to convey one-half of its right, title and interest in the Parcel A Site
and Facility including any improvements, appurtenances, easements and rights of way to itself and
the County, with each owning a one-half interest in the property and facility; and
Whereas, in recognition of this commitment and the impracticalities of subdividing the
Parcel A Site and Facility from the greater City owned parcel, which is known and referred to here
as Tax Map Parcel 16-1-3 and comprised of Parcels A and B as shown in Exhibit A, the parties
have agreed to execute and record this memorandum of understanding concerning interest in the
proceeds of any future sale of Parcel A Site and Facility;
NOW, in consideration of the covenants, conditions, and provisions contained herein, it is
hereby agreed as follows:
1. The City shall retain sole title to the Parcel A Site and Facility as part of the overall Tax Map
Parcel 16-1-3 until Common Council authorizes divestment of its interest in such real estate as
prescribed under the City Charter and New York State law.
2. In the event that any portion or all of the Parcel A Site and Facility is sold, conveyed,
transferred, or otherwise generates revenue to which the City is entitled as the title holder of
record, the City shall distribute half of such proceeds to the County within 60 days of the City’s
receipt.
3. Any conveyance of the Parcel A Site and Facility described above is likely to simultaneously
occur with the conveyance of all or a portion of Tax Map Parcel 16-1-3. As such, prior to
conveyance, the parties agree that the proportional value attributed to the Parcel A Site and
Facility as part of Tax Map Parcel 16-1-3 shall be determined by a process mutually agreeable
to the parties. In the event the parties are unable to agree on a method of determining the Parcel
A Site and Facility’s proportional value prior to sale of Tax Map Parcel 16-1-3, the parties
agree to split the cost of a joint-appraisal of the Parcel A Site and Facility, and to apportion the
proceeds accordingly.
4. Parcel A Site and Facility shall not be transferred for less than fair market value unless
otherwise agreed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed or approved this MOU as of
the date first set forth above.
For: The City of Ithaca For: Tompkins County
By: __________________________ By: _________________________
Title: Svante Myrick, Mayor Title:________________________
Dated:_____________________ Dated:_____________________
STATE OF NEW YORK )
) ss:
COUNTY OF TOMPKINS )
On the ______ day of _________________, 2017, before me personally came Svante Myrick, to
me known, or proved to me on the basis of satisfactory evidence to be the individual whose name
is subscribed to the within instrument, and who, being by me duly sworn, did depose and say that
he resides in the City of Ithaca; that he is the Mayor of the City of Ithaca, the municipal
corporation described in and which executed the above instrument; and that he signed his name
thereto by authority of the Board of Representatives of said corporation.
_______________________________________
Notary Public
STATE OF NEW YORK )
) ss:
COUNTY OF TOMPKINS )
On the ______ day of _________________, 2017, before me personally came
_____________________, to me known, or proved to me on the basis of satisfactory evidence to
be the individual whose name is subscribed to the within instrument, and who, being by me duly
sworn, did depose and say that he resides in the __________________________; that he is the
__________________________ of the City of Ithaca, the municipal corporation described in and
which executed the above instrument; and that he signed his name thereto by authority of the Board
of Representatives of said corporation.
_______________________________________
Notary Public
10.4 Adoption of “Rules of Procedure for City of Ithaca Advisory Commissions”
- Resolution
WHEREAS, on July 5, 2017, the City of Ithaca Common Council passed an ordinance
to add a Chapter 8, entitled “Advisory Commissions” to the City of Ithaca Municipal
Code that established four new Advisory Commissions; and
WHEREAS, section 8-9(A) of such Chapter empowers the Common Council to, by
resolution, adopt rules and procedures for the Advisory Commissions; and
WHEREAS, the Common Council finds it desirous to create such rules of procedure to
guide the Commissions’ membership and meetings as is required to conduct the
business of the Commissions; and
WHEREAS, the City Clerk and other members of City staff, in consultation with
members of Common Council, have developed an updated application process for the
public to volunteer to participate in the advisory bodies of the City of Ithaca that will
better streamline the application process and make the application process more
accessible to the public; now, therefore be it
RESOLVED that Common Council hereby approves the new volunteer application
process developed by the City Clerk and adopts the following “Rules of Procedure for
City of Ithaca Advisory Commissions” pursuant to section 8-9(A) of the City Code:
“Rules of Procedure for City of Ithaca Advisory Commissions” begin on following page
Advisory Commission Rules of Procedure Page 1 of 12
Rules of Procedure for
City of Ithaca Advisory Commissions
I. General Rules and Procedures
a. Enacting Authority and Amendments. These Rules of Procedure govern the
membership and meetings of the Public Safety and Information
Commission, the Community Life Commission, the Mobility, Accessibility,
and Transportation Commission, and the Parks, Recreation, and Natural
Resources Commission (collectively, the “Commissions”). These Rules are
adopted by the Common Council pursuant to “City Code” § 8-9. Any
amendment of these Rules is subject to Council approval.
b. Duties and Expectations. The following are the duties and expectations for
the Commissions’ Chairperson, Commissioners, Advisors, and Common
Council Liaisons:
i. Commissioners. The Commissioners are expected to have
experience, interest, or expertise in one or more subject matter areas
considered by the Commission on which they serve and shall strive
to educate themselves on, and take interest in, issues impacting the
City and its residents within the Commission’s entire purview.
Commissioners are expected to attend all Commission meetings as
active participants and shall review all agenda packets and relevant
information or documents before meetings. The Commissioners
shall work with the Chairperson, City Staff administrator, Advisors,
Common Council Liaison, and working groups to provide Common
Council with information, analysis, and recommendations regarding
issues falling within the subject matter areas considered by their
Commission. The Commissioners shall follow the rules of procedure
set forth herein in order, including those regarding working groups,
agendas, meetings, order and decorum, and voting.
ii. Chairperson. In addition to the duties and expectations applicable to
all Commissioners, the Chairperson presides over meetings of the
Commission and is expected to strive to ensure that the work of the
Commission is accomplished. The Chairperson is responsible for
establishing each meeting’s agenda and guiding all meetings
through the order of business and voting procedures set forth in the
rules below. The Chairperson shall check in periodically with the
working groups of the Commission to ensure such groups are
fulfilling their purpose. The Chairperson shall meet at least quarterly
with the Chairpersons of the other Commissions and of the standing
committees of the Common Council. The Commissioners shall
appoint, by majority vote, another Commissioner as the Vice-
Advisory Commission Rules of Procedure Page 2 of 12
Chairperson, who shall assume all Chairperson responsibilities in his
or her absence.
iii. Advisors.1The Advisors are appointed by a majority vote of the
Commission and shall serve as a resource to the Commission in one
or more subject matter areas in which the Advisors have expertise.
Advisors may be called upon by the Chairperson to provide
information, analysis, or advice during the discussion of an agenda
item for which the Advisor has expertise to offer. Such information,
analysis, or advice may be presented verbally during a meeting or in
documentation provided to the Commission before, or during, a
meeting. Advisors may petition Commissioners or the Chairperson
for the inclusion of relevant topics or issues on the agenda, subject
to approval by the Chairperson and agenda procedures set forth
herein. During meetings, Advisors shall not vote and shall only have
privilege of the floor in excess of that afforded members of the public
if granted by the Chairperson. Such privilege of the floor shall not be
subject to time limitations applicable to members of the public and
may include participation in discussion of voting items. Advisors may
also serve on Commission working groups under the procedures set
forth in these rules.
iv. Common Council Liaisons. The members of Common Council
appointed to serve as a liaison to the Commission are expected to
serve as the primary channel of communication between Common
Council and the Commission, review the annual workplan of the
Commission and make recommendations to the Common Council
and Commission regarding the same, strive to ensure proper
functioning of the Commission, and otherwise assist the Commission
as necessary. At least one Common Council liaison is expected to
attend each Commission meeting.
c. City Staff Administrator. The City shall assign a member of City staff to serve
as administrator for each Commission. The duties of such City staff
administrator shall include attending all Commission meetings, taking notes
during meetings, preparing minutes for approval, preparing and distributing
agenda packets to Commissioners in conjunction with the Chairperson, and
tracking Commissioner attendance at meetings. In the event a City staff
administrator is unable to perform these duties or attend a Commission
meeting, he or she must notify the Chairperson and relevant Department
Head in advance so that the City can make alternate, temporary
arrangements.
1 City Code § 8-4(A)(5)
Advisory Commission Rules of Procedure Page 3 of 12
d. Working Groups. The Commissions may create, renew, and dissolve ad
hoc working groups as follows:2
i. Creating Working Groups. The Commission may form a working
group to advise the Commission on a particular issue or topic if it
determines such a need exists or if requested to do so by the Mayor
or Common Council. The Commission may only create such a
working group upon a majority vote and must establish the working
group for a fixed period of time that may not exceed one year.
A majority of a working group must be composed of Advisors to the
Commission creating the group. The Commission is empowered to
appoint the working group’s membership by majority vote and should
strive to appoint individuals with knowledge or expertise in the
subject matter the working group will consider.
ii. Renewing Working Groups. At the last regular Commission meeting
before a working group is set to expire, the Commission may, upon
a majority vote, renew the working group for a fixed period of time
not to exceed one year. The Commission should only renew a
working group if it believes the working group has been useful in
addressing the topic or issue before the Commission for which the
working group was established to consider.
iii. Dissolving Working Groups. If not renewed, a working group shall
dissolve automatically when the period of time the Commission
prescribed for its existence expires. Additionally, the Commission
may at any time dissolve a working group upon a majority vote.
iv. Regular Reports by Working Groups. No less than quarterly, or upon
request of the Chairperson, the working group shall present a report
of its activity and findings to the Commission. Such reports should
be presented in person, but, if necessary, the working group may
provide a written report to the Chairperson at least 14 days before
the regularly scheduled meeting. Unless presenting the final findings
or recommendations of the working group, no report shall exceed
three minutes in length, excluding questions from the Commission
and responses thereto, or, if written, two pages.
e. Attendance. Commissioners must strive to attend every meeting.
i. Absences. When any Commissioner or Chairperson fails to attend
three regularly scheduled meetings in any calendar year, unless
such absence is for good cause, the post may be deemed vacant for
purposes of nomination and appointment of a successor pursuant to
2 City Code § 8-9(C).
Advisory Commission Rules of Procedure Page 4 of 12
the procedure set forth below in “Vacancies caused by Meeting
Absences.”3 If a Commissioner or Chairperson is going to be absent
from a meeting for good cause, he or she must inform the
Chairperson or Commissioners at least 3 days before the meeting,
or as soon as possible under exigent circumstances.
ii. Leaves of Absence. The Mayor may grant a Commissioner or
Chairperson a leave of absence, upon a showing of good cause, for
up to six months. Commissioners or Chairpersons may be reinstated
prior to expiration of their leave of absence without approval of
Common Council. No leaves of absence will be permitted where
doing so would make the Commission unable to reach a quorum.
iii. Physical Attendance. To be considered present for attendance
purposes, Commissioners must be physically present at the meeting
and may not take part via tele-conference or internet video services.
iv. Attendance Report. The City staff administrator assigned to the
Commission shall record Commissioner attendance, keep track of
attendance through each calendar year, and provide an annual
report of the Commissioners’ attendance to the Chairperson and
Common Council at the end of the year.
f. Commissioner Appointments and Applications. The Mayor, with the
assistance of the City Clerk, shall solicit, accept, review and appoint
applicants for Commissioner positions by relevant application systems and
procedures.
g. Vacancies. The following guides the filling of vacancies of Commissioner
and Chairperson positions:
i. Vacancies following the Expiration of a Term.4 Vacancies on the
Commissions shall be filled in the same manner as the original
appointment. Applications to fill the vacancy of an expiring term that
have been submitted by October 31 of the year in which the term
expires, or on such other date as the Common Council may deem
appropriate, shall be considered for appointment to the subsequent
term.
ii. Vacancies for Reasons other than Expiration of a Term.5 In the event
that a vacancy arises for reasons other than the expiration of the
term, applications to fill the vacancy that have been submitted by
April 30 shall be considered for appointment to the vacancy effective
3 City Code § 4-26.1(A).
4 City Code § 8-4(D).
5 City Code § 8-4(D).
Advisory Commission Rules of Procedure Page 5 of 12
no later than July 1 and applications that have been submitted by
October 31 shall be considered for appointment to the vacancy
effective no later than January 1 of the following year.
iii. Vacancies caused by Meeting Absences.6 If a Commissioner or
Chairperson fails to attend three regularly scheduled meetings in a
calendar year, the City staff administrator assigned to the
Commission shall so inform such Commissioner and the Mayor. The
Mayor shall write the Commissioner requesting either an explanation
of the reasons for the Commissioner’s nonattendance or a letter of
resignation. If the Commissioner does not respond to the Mayor
within 20 days of the Mayor's letter to the Commissioner, with an
adequate explanation for his or her absences and assurances of
ability to attend future meetings on a regular basis, it shall be deemed
that the post is vacant for purposes of nomination and appointment
of his or her successor. If the Mayor finds adequate the
Commissioner’s explanation for his or her absences and assurances
of ability to attend future meetings on a regular basis, the
Commissioner may continue to serve.
h. Conflicts of interest. Commissioners and Advisors must abide by the City’s
Code of Ethics set forth in Chapter 55 of the City Code. This includes, but
is not limited to, restrictions on the acceptance of gifts, maintenance of
confidentiality, and required conduct, including recusal from a vote, with
respect to actual and potential conflicts of interest.7
i. Coordination with Common Council. The following guides the relationship
and communication between the Commissions and Common Council to
ensure that the Commissions efficiently and effectively advise the Common
Council:
i. Relationship to Common Council. The Commissions were
established to assist the Common Council by advising it on matters
that are within the Commission’s areas of concern. The Common
Council relies on the Commissions to expand Common Council’s
knowledge base and to conduct analyses and research that
Common Council may not have the time or expertise to pursue.
However, the Common Council is the authorized legislative body of
the City and is under no obligation to accept the Commission’s
recommendations. After reviewing a report or recommendation from
a Commission, Council is free to choose to accept, endorse, reject
or modify the report or recommendation.
6 City Code § 4-26.1(B).
7 City Code §§ 55-5 – 55-7.
Advisory Commission Rules of Procedure Page 6 of 12
ii. Communications from Common Council. The Common Council may
request of the Commissions information, analysis,
recommendations, and the gathering of public input. Such requests
shall be made by the Common Council to the City Clerk who will
transmit the request to the Chairperson. If appropriate, the Council
may indicate a desired date for the response from the Commission.
iii. Presenting Commission Findings to Common Council. After the
Commission has taken final action on a request from the Common
Council, or other agenda item it wishes to present to Council, the
Commission shall inform the City Clerk as such. The item shall, in
the Common Council’s discretion, be placed on an upcoming agenda
of the Common Council or a standing committee thereof.
The Commission’s findings should be provided as a complete,
concise, and accurate report to the Common Council that is
comprehensible to a person lacking significant expertise in the
Commission’s areas of concern. If the report contains a
recommendation, it should be clearly stated and include the facts on
which such recommendation is based, and significant points of
disagreement or the minority recommendation, if any. Such reports
may also include a summary of relevant discussion, public input,
research, data points, and viewpoints of other organizations or
persons consulted.
j. Coordination with City Staff. Commissions requiring information or
assistance from City Staff may transmit such requests to the appropriate
member, or members, of City Staff. If the request represents a significant
expenditure of City Staff time or resources, the relevant City Staff or their
Department Head may seek guidance from the Mayor as to staffing
priorities before proceeding (or, if the Mayor so instructs, declining to
proceed) to respond to the request.
An individual Commissioner or Chairperson is not granted authority over the
work of a City Staff member and should never attempt to influence the
conduct of City Staff.
k. Communication with the Press and Public. The Commissions shall issue no
statement or press release on behalf of the City. The Commissions may
issue their own statement or release after majority vote of the Commission
authorizing the same, provided that such statement is explicitly identified as
issued on behalf of the Commission and is provided to the Mayor and
Common Council at least twenty-four hours in advance of its release.
l. Social Media. Commissioners and Chairpersons may not post on social
media on behalf of the Commission or otherwise use their title or City
Advisory Commission Rules of Procedure Page 7 of 12
imagery or stationery to create the appearance that the City endorses or
approves of their personal social media posts.
m. Diversity, Accessibility, Inclusion, and Sustainability. Every Commission
and working group is responsible to uphold the core values of the City,
including the values of diversity, accessibility, inclusion, and sustainability.
To respect these values, commissions should:
i. Recruit Commissioners and volunteers who reflect the
demographics of the City including, but not limited to those with lived
disability experience or expertise in accessibility and disability, and
members including, but not limited to who are of color, LGBTQA,
members of diverse socio-economic status, religious minority, or
recent immigrants.
ii. Hold meetings in locations that are physically accessible for all
persons, including those with limited mobility and make reasonable
accommodations for persons, including but not limited to those with
limited hearing or vision.
iii. Enforce rules consistently regarding public comment and debate.
Show a willingness to consider points of view that are well-reasoned,
even if at odds with the majority.
iv. Promote policies and laws that prohibit discrimination based on
disability, race, religion, sex, national origin, and other
characteristics, protect natural resources within the City; that use City
funds wisely; and that set a model for restrained consumption of non-
renewable energy.
v. Promote the establishment of policies, services and laws that not
only serve the needs of those with disabilities, but also enhances
protections provided by state and federal laws for those with
disabilities and accessibility concerns.
vi. Communicate and collaborate with the other commissions—most
commonly on a Chair-to-Chair basis—to promote these values and
to seek advice regarding issues before them that may have special
impact on under-represented groups of persons or on the natural
environment.
II. Meeting Rules and Procedures
a. Regular Meetings. Each Commission shall hold a regular meeting once
each month.8 The days, times, and locations for each Commission’s regular
meeting are as follows:
i. Public Safety and Information Commission: 6:00 p.m., on the first
Monday of the month, in Common Council Chambers.
8 City Code § 8-5.
Advisory Commission Rules of Procedure Page 8 of 12
ii. Community Life Commission: 6:00 p.m., on the second Monday of
the month, in Common Council Chambers.
iii. Mobility, Accessibility, and Transportation Commission: 6:00 p.m.,
on the third Monday of the month, in Common Council Chambers.
iv. Parks, Recreation, and Natural Resources Commission: 6:00 p.m.,
on the fourth Monday of the month, in Common Council Chambers.
If a regularly scheduled meeting must be rescheduled (i.e., because it falls
on a holiday), the Commission should attempt to reschedule the meeting to
the Thursday evening of the same week.
b. Special Meetings. Any meeting not on the regular meeting schedule is a
special meeting. The Chairperson, or at least three Commissioners, may
call special meetings as required to conduct the business of the
Commission.9 Special meetings must follow the same agenda procedures
as regular meetings set forth herein. The Commission may only act upon
items appearing on the special meeting agenda.
c. Joint Meetings. Two or more Commissions may hold a joint meeting to
consider a significant topic or issue that pertains to the subject matter areas
considered by such multiple Commissions. All participating Commissions
must approve the holding of a joint meeting by a majority vote. The
Chairpersons of all participating Commissions shall jointly prepare the
agenda for the meeting under the same procedures as regular meetings set
forth herein. The votes of each participating Commission shall be counted
separately. Minutes of joint meetings shall be adopted at the next regular
meeting of each participating Commission.
d. Alternate Locations for Meetings. The following locations are approved for
regular or special meetings of the Commissions and, when used, shall be
conspicuously noted as such in the meeting agenda:
i. Greater Ithaca Activities Center
ii. Ithaca Youth Bureau
iii. Southside Community Center
iv. Stewart Park Large Pavilion
9 City Code § 8-5.
Advisory Commission Rules of Procedure Page 9 of 12
e. Length of Meetings. The Commission shall make all efforts to conduct its
meetings in two hours or less. Meetings may only exceed three hours upon
a majority vote of the Commission.
f. Agenda. All meetings of the Commissions shall have an agenda which shall
be available to the public before the meeting.10
i. Agenda Preparation and Posting. The agenda shall be compiled by
the Chairperson and shall include items requested by Common
Council and items appearing on the Commission’s workplan.
Commissioners may introduce additional items to the agenda so long
as they are consistent with the Commission’s charge and presented
to the Chairperson at least ten days before the meeting.
The Chairperson must provide the agenda to the City Clerk seven
days before the meeting. The City Clerk shall post the agenda on the
City’s website at least 72 hours before the meeting.
ii. Recording of Agenda. The agenda shall be recorded in the City
Clerk’s office.
g. Minutes. The City staff administrator for each Commission shall keep an
accurate record of their proceedings, actions, votes, and resolutions,
thereby constituting the minutes of each meeting.11 Such minutes are
presented to the Commission by the Chairperson for approval at its next
regular meeting and any errors or omissions contained therein may be
corrected by motion as required to conform to fact. Approved minutes shall
be recorded in the City Clerk’s office.
h. Order of Business. The order of business for each regular meeting shall be
as follows:
i. Agenda Amendments. An item may be removed from the agenda
with the approval of the Chairperson and at least two
Commissioners. An item not on the published agenda may be added
to the agenda, but, if any one Commissioner objects, the item shall
not be considered.
ii. Public Comment. Individuals who are not members of the
Commission shall be afforded the privilege of the floor and permitted
to speak for no more than three minutes regarding matters within the
scope of the Commission.
10 City Code § 8-6.
11 City Code § 8-8.
Advisory Commission Rules of Procedure Page 10 of 12
During special meetings, all public comment shall be confined to the
subject matter considered during the special meeting, which shall be
noted as such on the agenda.
iii. Agenda Items. A Commissioner wishing to propose discussion or
action on a particular item on the agenda shall ask to be recognized
by the Chairperson and then move accordingly. After another
Commissioner “seconds” the motion, the Chair calls for discussion,
and, thereafter, calls for a vote, if necessary.
Following the Commission’s discussion of a voting item, but before
such a vote, the Commission shall provide members of the public an
additional opportunity for public comment specific to the agenda item
pending a vote. Each speaker is once again permitted to speak for
no more than three minutes, and for no more than nine minutes
cumulatively in any given meeting. The Commission may thereafter
further discuss the agenda item before a vote.
For non-voting agenda items, the public may provide the City staff
administrator with written questions or notes regarding the agenda
item. The Commission may respond to such written questions or
notes in the course of or following its discussion of the agenda item.
iv. Reports from Working Groups. The Commission shall receive above-
described reports from all working groups in existence at the time of
the meeting.
v. Approval of Minutes. The Chairperson shall present the minutes from
the previous meeting. Absent any correction, the minutes shall stand
as presented without formal motion.
vi. Adjournment. Upon completion of the above-listed order of business,
the Chairperson shall hear a motion to adjourn the meeting.
i. Order and Decorum. The following rules govern order and decorum of all
speakers and attendees at meetings of the Commissions.
i. All Persons. No person shall speak without being first recognized by
the Chairperson as having the privilege of the floor.
All speakers and persons in attendance shall treat the Commission,
and all other persons, with respect and shall refrain from shouting,
using foul language, throwing anything, booing or hissing, entering
or remaining in an area of the meeting that is not open to the public,
approaching the Commission without permission, or otherwise
engaging in any form of disruptive or disrespectful behavior.
Advisory Commission Rules of Procedure Page 11 of 12
ii. Chairperson. The Chairperson shall strive to preserve the rules of
order and decorum set forth herein and shall decide questions or
order and decorum that may arise during a meeting.
iii. Commissioner. Commissioners should not interrupt the proceedings
or any speaker having the privilege of the floor.
iv. Members of the Public. Any person who desires to speak during the
public comment portion of a meeting shall fill out a card stating his or
her name, municipality of residence, and the topic on which they will
speak or inquire. Upon speaking during public comment or any other
portion of a meeting, each person shall state their name, the
municipality in which they reside, and the name of the group, if any,
they represent. Such members of the public may also provide the
Commission copies of relevant written materials they wish to be
considered for distribution to the Commission.
Members of the public who do not follow these rules of order and
decorum may be asked by the Chairperson to take a seat, cease the
disruptive conduct, and, if appropriate, leave the meeting. If a
member of the public creates a significant disruption to the conduct
of the meeting or acts in a threatening manner toward another
member of the public, City Staff, or Commissioners, law enforcement
personnel may be called to remove the individual from the premises.
j. Executive Session. Only on rare occasions, if ever, the Commission may
enter executive session, during which discussion is not open to the public
and no vote or other action is taken. The Commission may only enter
executive session upon a majority vote for the sole purpose of considering
appropriate topics for executive session, as set forth in City Code § 78-6
and New York State Open Meetings Law § 105. The particulars of executive
sessions are confidential and may not be discussed publicly.
k. Voting. The Commission may not vote without the presence of a quorum,
which is five voting members.12 A simple majority of the full membership of
the Commission is required for a motion to pass.
Voting items shall include approval of minutes, advisor appointments,
working group creation and renewal, the Commission workplan, and
recommendations and reports to Common Council.
l. Robert’s Rules of Order. Robert’s Rules of Order is a set of rules of
parliamentary procedure relied upon by boards, organizations, and
committees for their meeting and voting procedures. The Commissions are
12 City Code § 8-7.
Advisory Commission Rules of Procedure Page 12 of 12
not expected to adhere to all requirements of Robert’s Rules, but the core
fundamentals of Robert’s Rules guide these rules and Commissioners
should strive to adhere to these principles during their meetings. Such
fundamentals include:
i. A person may only speak when recognized by the Chairperson as
having privilege of the floor.
ii. A motion to consider an agenda item must be made and seconded
by Commissioners before discussion of that item begins.
iii. Following sufficient discussion of an agenda item, it may, by way of
a new motion, be amended, tabled (held over to the next meeting),
adopted, or rejected.
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Alderperson Kerslick - Ithaca City Apartments Housing Development Fund
Corporation (“ICAHDFC”) – Waive and Subordinate City of Ithaca’s Option to
reacquire First Street Property – Resolution
WHEREAS, Ithaca Neighborhood Housing Services, Inc. (“INHS”) is the owner and
developer of an affordable housing project located at scattered sites in the City of
Ithaca, Tompkins County, New York now known as Ithaca City Apartments (the
“Project”); and
WHEREAS, the Project was previously known as the INHS Affordable Housing
Scattered Site Preservation project; and
WHEREAS, the Project includes, but is not limited to, those certain existing units of
affordable housing located in 14 buildings situate at First Street (SBL# 25.-3-1.1) (the
“Property”); and
WHEREAS, INHS acquired title to the Property from Mutual Housing Association of
Tompkins County, Inc. by deed dated January 3, 2013 and recorded in the Tompkins
County Clerk’s Office on January 17, 2013 as Instrument #2013-00808; and
WHEREAS, the City of Ithaca (“City”) previously waived and subordinated its right of
first refusal over the Property (the “ROFR”) by a resolution adopted by the Common
Council of the City on October 20, 2011 and recorded in the Tompkins County Clerk’s
Office on January 17, 2013 as Instrument #2013-00804; and
WHEREAS, in furtherance of the financing of the redevelopment of the Project, the
continuing operation of the Project as affordable housing, and the rehabilitation of the
Property (the “Current Transactions”), which Current Transactions shall include, but are
not limited to, the issuance of tax exempt bonds and syndication of low-income housing
tax credits, INHS has formed ICAHDFC, a New York housing development fund
corporation, for the purposes of holding the record title to the Project and is its sole
sponsor; and
WHEREAS, in furtherance of the Current Transactions, INHS desires to convey its fee
interest in the Property to ICAHDFC; and
WHEREAS, in furtherance of the Current Transactions, INHS has caused the formation
of Ithaca City Apartments, LLC, a New York limited liability company (the “Company”
and together with INHS and ICAHDFC, the “Requesting Parties”) to hold the beneficial
interest in the Project and the Property and will be the managing member of the
managing member of the Company; and
WHEREAS, in furtherance of the Current Transactions, ICAHDFC desires to convey the
beneficial interest in the Project and the Property to the Company, retaining for itself the
nominal fee title in the Project and the Property; and
WHEREAS, INHS now requests that City waive its ROFR to reacquire the Property in
connection with the conveyance by INHS to ICAHDFC, the conveyance by ICAHDFC to
the Company, and in any future conveyance by either ICAHDFC, the Company and/or
INHS provided that INHS retains day to day control of the Property (collectively, the
“Permitted Conveyances”); and
WHEREAS, the Requesting Parties now request that City subordinate the ROFR to one
or more mortgage liens and/or security securing the interests of any lender/bond
purchaser of the Property in furtherance of the Current Transactions and Permitted
Conveyances; now, therefore be it
RESOLVED, That in order to induce the Requesting Parties to acquire the Property
pursuant to the Permitted Conveyances, City hereby agrees to waive its ROFR with
respect to the Permitted Conveyances; and, be it further
RESOLVED, That City agrees to subordinate its ROFR to any mortgage or other lien
and/or security interest in the Property in connection with the Current Transactions or in
the future provided that INHS retains day to day control of the Property; and, be it
further
RESOLVED, That the Mayor, upon the advice of City Attorney, is hereby authorized to
execute all necessary and appropriate documents to implement these resolutions,
including, but not limited to, a subordination agreement.
108 East Green Street
Ithaca, New York 14850
(607) 274-6559
To: Common Council
From: Nels Bohn, Director of Community Development
RE: INHS Scattered Site Rental Housing Preservation Project
Date: November 29, 2017
Ithaca Neighborhood Housing Services (INHS) is planning to close on financing for their Scattered Site
Rental Housing Preservation project, but ran into a snag that needs to be resolved for the project to
proceed. The Project will renovate 98 affordable rental units currently owned by INHS, including the 14
units on the 500 block of First Street located adjacent to the Sciencenter.
These First Street units were constructed by Mutual Housing Association on land conveyed from the City
of Ithaca. The deed contains a Right-of-First- Refusal (ROFR) for the City to match any offer and re-
acquire the property prior to any conveyance of the parcel to another purchaser.
The Project will be partially financed through Low-Income Housing Tax Credits. To access tax credit
equity the project properties must be owned by a for-profit entity, so INHS will convey their properties
to a newly formed for-profit entity controlled by INHS. This conveyance triggers the ROFR provision in
the deed.
INHS requests that the City waive its ROFR to allow the project to proceed to close on financing in
December. It is important to close on this funding in 2017 prior to enactment of tax reform legislation
as the House legislation eliminates a tax-exempt bond funding source that is a critical component of the
funding package.
The City choices are:
1. Exercise its ROFR and acquire the properties for approximately $1 million
2. Take no action and allow the ROFR to expire in 60 days; or
3. Waive its ROFR to allow the project to proceed.
The City of Ithaca Common Council has previously exhibited strong support for the project, including
accepting grant funds from New York State and authorizing a PILOT for the project.
I recommend the Right-of-First-Refusal be waived to allow this project to access funding, option 3
above. Please find attached a resolution that waives the City’s ROFR.
Cc: Julie Holcomb, City Clerk
JoAnn Cornish, Planning Director
Ari Lavine, City Attorney
Krin Flaherty, Asst. City Attorney
Ithaca
Urban
Renewal
Agency
14. MAYOR’S APPOINTMENTS:
14.1 Appointment of Police Chief – Resolution – (to be distributed under
separate cover)
14.2 Recommendations to Tompkins Consolidated Area Transit Board –
Resolution
RESOLVED, That Common Council recommends that Ducson Nguyen be re-elected as
a director of the Tompkins Consolidated Area Transit Board with a term to expire
December 31, 2020.
14.3 Appointments to Housing Board of Review – Resolution
RESOLVED, That David Wahl be appointed to the Housing Board of Review to fill a
Vacancy with a term to expire December 31, 2018; and, be it further
RESOLVED, That Brian Grout be appointed to the Housing Board of Review to fill a
vacancy with a term to expire December 31, 2020.