HomeMy WebLinkAbout10-03-18 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, October 3,
2018, at 6,00 p.m. in the Common Council Chambers at City Hall, 108 East Green
Street, Ithaca, New York. Your attendance is requested.
AGENDA
1. PLEDGE OF ALLEGIANCE:
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
3. PROCLAMATIONS/AWARDS:
4. SPECIAL ORDER OF BUSINESS:
4.1 Presentation of Quarterly Employee Recognition Award (deferred from
September meeting)
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 Department of Public Works - Amendment to Personnel Roster - Resolution
8.2 Approval of the 2018-2019 Civil Service Agreement with the Ithaca City School
District - Resolution
8.3 Youth Bureau – Amendment to Personnel Roster - Resolution
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 An Ordinance to Amend the City Of Ithaca Municipal Code, Chapter 325
Entitled “Zoning” To Make Minor Corrections to the Waterfront Zoning Districts
A. Designation of Lead Agency – Resolution
B. Declaration of Environmental Significance – Resolution
C. Adoption of Ordinance
9.2 Resolution to Modify the City’s Model Full and Short Environmental Assessment
Forms (FEAF and SEAF) to be the Model New York State Department of
Environment Conservation’s FEAF & SEAF
9.3 Approval of IURA-Proposed Property Sale to Emmy’s Organics, Inc. - Resolution
Common Council Meeting Agenda
October 3, 2018
Page 2
10. CITY ADMINISTRATION COMMITTEE:
10.1 A Resolution Calling for the United States to “Pull Back from the Brink” and
Prevent Nuclear War
10.2 An Ordinance to Approve a Sewer Line Easement on Taughannock Boulevard
10.3 A Local Law Entitled “Confirmation of the Sidewalk Improvement District
Assessments, Budget, and Schedule of Work for Fiscal Year 2019”
10.4 Finance Department – Approval of 2017 City of Ithaca Single Audit - Resolution
10.5 Common Council – A Local Law to Override The Tax Levy Limit Established in
General Municipal Law
10.6 City Controller’s Report
11. REPORTS OF SPECIAL COMMITTEES:
12. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13. MAYOR’S APPOINTMENTS:
14. REPORTS OF COMMON COUNCIL LIAISONS:
15. REPORT OF CITY CLERK:
16. REPORT OF CITY ATTORNEY:
17. MINUTES FROM PREVIOUS MEETINGS:
17.1 Approval of the September 5, 2018 Common Council Meeting Minutes –
Resolution
18. NEW BUSINESS:
18.1 Presentation of the 2019 Mayor’s Budget
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.
Out of consideration for the health of other individuals, please refrain from using
perfume/cologne and other scented personal care products at City of Ithaca meetings.
Thank you for your cooperation and understanding.
______________________________
Julie Conley Holcomb, CMC
Date: September 28, 2018 City Clerk
8. CONSENT AGENDA ITEMS,
City Administration Committee:
8.1 Department of Public Works - Amendment to Personnel Roster - Resolution
WHEREAS, a Parking Lot Attendant in the Parking Division of the Department of Public
Works has requested a temporary reduction in their workweek from forty (40)
hours/week to thirty (30) hours/week; and
WHEREAS, the Parking Division is willing and able to accommodate this request by
increasing the hours of a seasonal employee; now, therefore be it
RESOLVED, That the workweek of one Parking Lot Attendant position in the Parking
Division of the Department of Public Works be and hereby is reduced from forty (40)
hours/week to thirty (30) hours/week from Monday October 8, 2018 through Friday
March 8, 2019 pursuant to the employee’s request; and, be it further
RESOLVED, That $3,659 be transferred from account A5651-5115 to account A5651-
120; and, be it further
RESOLVED, That for the sole purpose of determining days worked reportable to the
New York State and Local Employees’ Retirement System, the standard workday for
this position shall be established at six (6) hours per day (thirty (30) hours per week), in
accordance with the following period and shift schedule:
Period Daily Shift
October 8, 2018 – December 28, 2018 8:00 AM – 2:30 PM
December 31, 2018 – March 8, 2019 2:00 PM – 8:30 PM
8.2 Approval of the 2018-2019 Civil Service Agreement with the Ithaca City
School District - Resolution
RESOLVED, That the Mayor and City Controller be authorized and directed to execute
an agreement between the City of lthaca and the Ithaca City School District for
performance by the City for services in connection with Civil Service matters for the
period July 1, 2018 to June 30, 2019, in an amount payable of $60,112 payable to the
City of Ithaca on or before December 1, 2018.
8.3 Youth Bureau – Amendment to Personnel Roster - Resolution
WHEREAS, the Youth Bureau is requesting permission to amend the 2018 roster by
funding the Youth Program Coordinator position (35 hours), and defunding the Youth
Program Leader position (35 hours); and
WHEREAS, the program merger approved by Common Council in May 2018 to
combine the Paul Schreurs Memorial Program (PSMP) and the College Discovery
Program (CDP) before the end of the year has been slowed down to allow a smooth
transition; and
WHEREAS, the current plan is to fund and fill the Program Coordinator position and to
have both program coordinators (PSMP and CDP) work together to merge the
programs over a period of time; and
WHEREAS, these changes are made within the Youth Bureau’s approved 2018 budget
and will not require additional funds from the City; now, therefore be it
RESOLVED, That the Personnel Roster of the Youth Bureau be amended as follows:
Fund: One (1) Youth Program Coordinator (35 hours)
Defund: One (1) Youth Program Leader (35 hours)
Ithaca Youth Bureau
1 James L. Gibbs Drive
Ithaca, New York 14850
Phone: (607) 273-8364
Fax: (607) 273-2817
“Building a foundation for a lifetime.”
To: City Administration Committee
From: Liz Klohmann, Director
Re: 2018 Budget Amendment
Date: 9/19/18
The Ithaca Youth Bureau is requesting permission to amend the 2018 roster by funding the
Youth Program Coordinator position recently held by Eloise Barrett, who retired in March 2018.
Earlier this year we made amendments to the roster (Common Council Resolution 5/2/18) with
the intention of merging the PSMP and the CDP under the supervision of one program
coordinator. Our vision continues to support the merger of both programs, but we have more
work to do in order for it to be successful.
Our plan now is to slow down the process, fund and fill the Program Coordinator position, and
have both Program Coordinators (PSMP and CDP) work together to identify the best ways to
bring both programs together in a way that best supports the students, families and community.
We would also like to defund a Youth Program Leader position that was funded to the roster
(Common Council resolution 5/2/18) that was never filled and is no longer needed.
These changes are made within our approved 2018 budget and does not require additional funds
from the City.
Fund:
One (1) Youth Program Coordinator 35
Defund one (1) Youth Program Leader (35 hours)
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE,
9.1 An Ordinance To Amend the City Of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning” To Make Minor Corrections to the Waterfront Zoning Districts
9.1 A Declaration of Lead Agency – Resolution
WHEREAS, State Law and Section 176-6 of the City Code 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, the proposed zoning amendment is a “TYPE I” Action pursuant to the City
Environmental Quality Review (CEQR) Ordinance, which requires environmental
review; now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the proposed minor corrections to the
Waterfront Zoning Districts.
9.1 B Determination of Environmental Significance – Resolution
WHEREAS, on August 2, 2017, the Common Council established four new zoning
districts for the Waterfront Study Area, the Newman, the Market, The West
End/Waterfront, and the Cherry Street Districts; and
WHEREAS, the Common Council is now considering adopting some minor changes
and corrections to the waterfront districts that could improve the implementation of the
zoning and allow for the type of development that was anticipated when the zoning was
adopted; and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Short Environmental Assessment Form (SEAF), dated May 21, 2018;
and
WHEREAS, the proposed action is a “unlisted” Action under the City Environmental
Quality Review Ordinance; and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the SEAF prepared by planning staff; now, therefore be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth on the Short Environmental
Assessment Form, dated May 21, 2018; and, be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary; and, be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
9.1 C Adoption of Ordinance
WHEREAS, on August 2, 2017, the Common Council established four new zoning
districts for the Waterfront Study Area, the Newman, the Market, The West
End/Waterfront, and the Cherry Street Districts; and
WHEREAS, several items have been identified as minor changes to the waterfront
districts that could improve the implementation of the zoning and allow for the type of
development that was anticipated when the zoning was adopted, and several minor
corrections to the existing code that reference zones that no longer exist have also been
identified; now, therefore
ORDINANCE 2018-____
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 325 of the City Code be amended as follows:
Section 1. Chapter 325-3B entitled “Definitions and Word Usage”, is hereby amended
to add the following new definitions,
BUSINESS OR PROFESSIONAL OFFICE - Offices where services are
provided that require specialized training or professional
certification including but not limited to accountant, appraiser,
attorney, architect, engineer, surveyor, stockbroker, physician,
dentist, chiropractor, massage therapist, psychologist, and
optometrist.
Section 2. The following sections of the City Code are no longer relevant and hereby
deleted in entirety,
Section 325-16E – entitled “Height Regulations”
Section 325-28 – entitled “Marine Commercial District”
Section 325-20D(3)(a) – entitled “Off-Street Parking”
Section 3. Section 325-26 entitled “New structures along streams or inlets”, is hereby
amended to read as follows:
No new structure shall be located nearer than 20 feet to an inlet wall or to the bank of
an inlet channel or stream, measured at an average water level, except for those
structures directly connected with marine or public or commercial recreation activities.
(See illustration below.) Properties located within the [waterfront zoning district] Cherry
Street District, the Market District, the Newman District, and the West
End/Waterfront District are exempt from this requirement.
Section 4. Section 325-29.1D entitled “Adult uses” should be deleted in its entirety
and replaced with the following language,
325-29.1 D. Location.
(1) Adult uses may only be located within the Adult Use Overlay Zone, as
shown on the Official City Zoning Map.
Section 5. Section 325-8 entitled “District Regulations”, is hereby amended in order to
change the minimum building height in the Newman, Market, Cherry Street, and West
End/Waterfront Districts to read as follows:
MINIMUM BUILDING HEIGHT
For Water Dependent Uses there is no minimum building height. For
any non-water dependent uses, buildings must be a minimum of 2
stories in height. The first story of any new structure must be 12-15 feet
in height, measured floor to floor. Each additional story must be 10-12
feet in height, measured from floor to floor. In buildings with a
pitched roof, a top story contained within the pitched roof shall be
exempt from this requirement. Accessory structures of less than 250
SF may be 1 story. As an exception, any increase in first floor
elevation, as required to comply with flood plain regulations, can be
included in the first story minimum height requirement, however the first
floor should not be less than 10 feet in height measured floor to floor.
Section 7. Section 325-8 entitled “District Regulations”, is hereby amended in order to
add “Garage, Public Repair” as an allowable primary use in the Cherry Street Zoning
District.
Section 8. The City Planning and Development Board, the City Clerk and the Planning
Department shall amend the district regulations chart in accordance with the
amendments made herewith.
Section 9. Severability. Severability is intended throughout and within the provisions of
this local law. If any section, subsection, sentence, clause, phrase or portion of this
local law is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portion.
Section 10. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
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
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner
Date: September 6, 2018
Re: Amendments to the Waterfront Zoning Districts
The purpose of this memo is to provide information regarding several proposed amendments to the
waterfront zoning districts.
This proposal was previously considered at the July Planning Committee meeting. At that meeting the
Planning Committee voted to pass on to Council the proposed minor changes and corrections to the
waterfront zoning districts. Unfortunately, due to an oversite the Planning Committee did not vote to
declare itself as lead agency and did not vote on the environmental significance of this action.
Enclosed please find draft resolutions for lead agency and environmental significance. I have also
enclosed the draft ordinance that was previously discussed, as well as the Short Environmental
Assessment Form and comments that were received. If you have any concerns or questions regarding
any of this information, feel free to contact me at 274-6410.
CITY OF ITHACA SHORT ENVIRONMENTAL ASSESSMENT FORM (SEAF)
Project Information
(to be completed by applicant or project sponsor)
1. Applicant/Sponsor:
City of Ithaca
2. Project Name: Minor Corrections to the
Waterfront Zoning Districts
3. Project Location: The Cherry Street, the West End/Waterfront, The Newman, and the
Market Districts
4. Is Proposed Action:
New Expansion
Modification/Alteration
5.Describe project briefly: In August of 2017, the Common Council established four new zoning districts
for the Waterfront Study Area. Since then several items have been identified as minor changes to the ordinance
that could improve the implementation of the zoning and allow for the type of development that was anticipated
when the zoning was adopted. In addition, several minor corrections to the existing code that reference zones
that no longer exist have also been identified.
6. Precise Location (road intersections, prominent landmarks, etc., or provide map):
The proposed zoning amendments pertains to the four waterfront zoning
districts( Newman, Market, Cherry Street, West End/Waterfront). The
boundaries of which can be seen on the official City of Ithaca Zoning Map.
7. Amount of Land Affected:
Initially: __225____ Acres or Sq. Ft. Ultimately: ______ Acres or Sq. Ft.
8. Will proposed action comply with existing zoning or other existing land use
restrictions?
Yes No If no, describe briefly: The proposed changes are minor
amendments and corrections.
9. What is present land use in vicinity of project:
Residential Industrial Agricultural Parkland/Open Space
Commercial Other _________________
Describe:
10. Does action involve a permit/approval or funding, now or ultimately, from
governmental agency (federal/state/local): Yes No
If yes, list agency name and permit/approval type: Adoption of the Common
Council
11. Does any aspect of the action have a currently valid permit or approval?
Yes No
If yes, list agency name and permit/approval type: the waterfront zoning was
adopted by the Common Council in 2017
12. As a result of proposed action, will existing permit/approval require modification?
Yes No Yes, the adopted zoning is being modified
I certify the information provided above is true to the best of my knowledge.
PREPARER'S SIGNATURE: ____________________________ DATE: _5/21/18__
PREPARER'S TITLE: ____Jennifer Kusznir, Senior Planner______________
REPRESENTING: City of Ithaca_____________________________________
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SHORT ENVIRONMENTAL ASSESSMENT FORM
Project Information
To Be Completed By Staff
In order to answer the questions in this Short Environmental Assessment Form (SEAF), the preparer is to use
currently available information concerning the project and the likely impacts of the action.
Name of Project: Minor Corrections to the Waterfront Zoning Districts
Yes No
1. Will project result in a large physical change to the project site or physically alter
more than one acre of land?
□
2. Will there be a change to any unique or unusual land form found on the site or to any
site designated a unique natural area or critical environmental area by a local or state
agency?
□
3. Will the project alter or have any effect on an existing waterway? □
4. Will the project have an impact on groundwater quality? □
5. Will the project affect drainage flow on adjacent sites? □
6. Will the project affect any threatened or endangered plant or animal species? □
7. Will the project result in an adverse effect on air quality? □
8. Will the project have an effect on visual character of the community or scenic views
or vistas known to be important to the community:
□
9. Will the project adversely impact any site or structure of historic, pre-historic, or
paleontological importance or any site designated a local landmark or in a landmark
district?
□
10. Will the project have an effect on existing or future recreational opportunities? □
11. Will the project result in traffic problems or cause a major effect to existing
transportation systems?
□
12. Will the project cause objectionable odors, noise, glare, vibration, or electrical
disturbance as a result of the project's operation during construction or after
completion?
□
13. Will the project have any impact on public health or safety? □
14. Will the project affect the existing community by directly causing a growth in
permanent populations of more than 5 percent over a one-year period OR have a
negative effect on the character of the community or neighborhood?
□
15. Is there public controversy concerning the project? □
If any question has been answered YES, a completed Long Environmental Assessment Form (LEAF)
is necessary.
PREPARER'S SIGNATURE: _________________________________DATE: __5/21/2018____
PREPARER'S TITLE: ___Senior Planner__________
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REPRESENTING: __City of Ithaca_____________________________
9.2 A Resolution to Modify the City’s Model Full and Short Environmental
Assessment Forms (FEAF and SEAF) to be the Model New York State Department
of Environmental Conservation’s FEAF & SEAF
WHEREAS, §617.3 General Rules of the NYS Environmental Quality Review Act
(SEQR) states that “No agency involved in an action may undertake, fund or approve
the action until it has complied with the provisions of SEQR”; and
WHEREAS, the City of Ithaca has a local Environmental Quality Review Ordinance
(CEQR) §176 of the City Code; and
WHEREAS, both SEQR and CEQR define Environmental Assessment Forms (EAFs)
as “A form used by an agency to assist it in determining the environmental significance
or non-significance of an action. A properly completed EAF shall contain enough
information to describe the proposed action, its location, its purpose and its potential
impacts on the environment”; and
WHEREAS, although the State has model EAF forms, the City of Ithaca has long used
local EAF forms to conduct environmental review; and
WHEREAS, CEQR also states that the model forms “may be modified by the Common
Council to better serve it in implementing CEQR, provided that the scope of the
modified form is as comprehensive as the model”; and
WHEREAS, it has been determined that the State model EAF forms would better serve
the City in implementing CEQR; now, therefore be it
RESOLVED, That the Common Council does herby modify the City’s model EAF forms
to be one and the same as the New York State model forms; and, be it further
RESOLVED, That the CEQR thresholds for Unlisted and Type 1 Actions remain the
same; and, be it further
RESOLVED, That the current model forms contained in Appendices A and C as
referenced in §176.2 of the City Environmental Quality Review Ordinance be replaced
with the State forms.
MEMORANDUM
TO: Planning & Economic Development Committee
FROM: Lisa Nicholas, Deputy Director of Planning
DATE: August 27, 2018
RE: Planning Staff Recommendation Regarding C/SEQR Forms
As you are aware, many development activities and actions taken by local governments are subject to the
NYS Environmental Quality Review Act (SEQRA), the purpose of which is to incorporate environmental
factors into local and state planning, review and decision-making processes. As is allowed under this law,
the City of Ithaca has a local City Environmental Quality Review Ordinance (CEQRO) enacted in 1990 and
amended in 2003. The City’s ordinance differs from the state law in that it requires a higher level of review
for smaller projects. The City also developed model CEQR Forms (used to evaluate the potential
environmental impacts of an action) that differed from the original state forms in that they addressed
specific local issues – such as Tompkins County Unique Natural Areas (UNAs) and specifically named
waterbodies. The State updated their forms in 2012 to incorporate broader information, particularly
about energy use and air quality while the City continued to use its original local forms.
Recently it has been recommended that the 2012 State forms are a better tool than the local forms to
evaluate potential environmental impacts. In response, the Planning Director and I have reviewed both
the state and local forms and also recommend a switch to the state forms for the following reasons:
The State forms require applicants to provide a broader range of information, particularly
regarding energy use and air quality.
State forms are linked to a mapping tool that can provide useful information about a site which
may otherwise be unknown to the reviewing agency, such as historic spill records.
Users of the State forms can incorporate the specific local issues mentioned above into the
environmental review without the need for local forms.
Please find attached a resolution for your consideration.
Links to the State forms for your information:
FEAF Part 1
FEAF Part 2
SEAF Part 1
SEAF Parts 2 & 3
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
Page 1 of 2
9.3 Approval of IURA-Proposed Property Sale to Emmy’s Organics, Inc. -
Resolution
WHEREAS, on June 29, 2018, the Ithaca Urban Renewal Agency designated Emmy’s
Organics, Inc. as a “qualified and eligible sponsor” (Sponsor) to acquire land located at the
end of Cherry Street, part of an undeveloped six-acre parcel of land owned by the IURA (tax
map #100.-2-1.21); and
WHEREAS, Emmy’s proposes a $1.4 million project to construct an approximately 10,000
square foot food manufacturing facility to produce organic/natural cookies and snacks and
add an additional 5 full-time equivalent employees, of which at least 51% will be low- and
moderate-income at the time of hire; and
WHEREAS, Emmy’s started in Ithaca by selling their product at the Ithaca Farmer’s Market
and have grown to employ 19 workers at their current leased operations located at 629 W.
Buffalo Street, Ithaca; and
WHEREAS, pursuant to section 507 of General Municipal Law, the IURA is authorized to
dispose of property to a specific buyer at a negotiated price if such buyer is designated as
an eligible and qualified sponsor (Sponsor), and the sale is approved by Common Council
following a Public Hearing; and
WHEREAS, a Public Hearing notice was published in the July 30, 2018 edition of The
Ithaca Journal disclosing essential terms of the proposed sale and a Public Hearing was
held on August 8, 2018; and
WHEREAS, that on September 25, 2018, the City of Ithaca Planning and Development
Board, as Lead Agency in this matter, determined the proposed action will result in no
significant impact on the environment; now, therefore be it
RESOLVED, that the City of Ithaca Common Council hereby approves a IURA-proposed
Disposition and Development Agreement to sell property to Emmy’s Organics, Inc. to
undertake an urban renewal project pursuant to the following terms:
Seller: Ithaca Urban Renewal Agency
Purchaser: Emmy’s Organics, Inc. (or a legal entity to be formed
that is majority owned by the principals of the Company)
Urban Renewal Project: Investment of approximately $1.4 million to construct
and operate an approximately 10,000 square foot food
manufacturing facility for producing organic/natural
cookies and snacks, resulting in job creation.
Project Site: 2.601 acre portion of tax parcel #100.-2-1.21 located at
the end of Cherry Street, Ithaca, NY.
Purchase Price: $242,000, the fair market value as determined by
appraisal.
Page 2 of 2
Job Creation: Creation of at least five (5) full-time equivalent jobs
within two years of project completion. At least 51% of
five jobs must be filled by low- and moderate-income
persons earning no more than 80% of the Area Median
Income as determined by the U.S. Department of
Housing & Urban Development.
Living Wages: At least three (3) of the new job positions created shall
be paid a 2018 living wage of $15.11/hour (or
$13.90/hour with $2,500/year employer health care
contribution) within 12 months of their hire date.
Employment & Wage
Reporting:
Quarterly employment and wage reporting shall be
submitted to Seller until job creation goal is satisfied
for two consecutive quarters.
Conditions for Sale: A. Approval of a Cherry Street Expansion
subdivision of tax parcel #100.-2-1.21.
B. Site Plan approval – within 180 days of the date
of the purchase agreement, purchaser
submission of proof of final site plan approval.
C. Project financing – within 270 days of the date of
the purchase agreement, purchaser submission
of proof of financing and equity sufficient to
construct the project.
D. Building Permit issuance – within 365 days of
date of the purchase agreement, purchaser
submission of proof of a building permit at least
authorizing construction of the full foundation for
the project.
NY State Plane, Central GRS 80 DatumMap Source: Tompkins County Digital Planimetric Map 1991-2012Data Source: City of Ithaca GIS Program, 2012Map Prepared by: Department of Planning, City of Ithaca, NY, July, 2013!!!!!!!!!!!!!!!!!FLORAL AVEMARY STCHERRY STREUBEN STABBOTT LACHESTNUT STGUSSIE STRAILROAD SERVICE ROAD05001,000250Feet!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1:4,000±Property for Sale - Tax Parcel #100.-2-1.21LegendTax Parcel #100.-2-1.21Tax Parcels!!!!!!City BorderCherry Street Industrial Park ExpansionLocation Map
Property to beConveyed toEmmy's Organics
10. CITY ADMINISTRATION COMMITTEE,
10.1 A Resolution Calling for the United States to “Pull Back from the Brink”
and Prevent Nuclear War
WHEREAS, since the height of the Cold War, the United States and Russia have
dismantled more than 50,000 nuclear warheads, but 15,000 of these weapons still exist
and pose an intolerable risk to human survival; and
WHEREAS, 95 percent of these weapons are in the hands of the United States and
Russia and the rest are held by seven other countries: China, France, Israel, India,
North Korea, Pakistan, and the United Kingdom1; and
WHEREAS, the use of even a tiny fraction of these weapons would cause worldwide
climate disruption and global famine; to wit, as few as 100 Hiroshima sized bombs,
small by modern standards, would put at least five million tons of soot into the upper
atmosphere and cause climate disruption across the planet, cutting food production and
putting two billion people at risk of starvation2; and
WHEREAS, a large-scale nuclear war would kill hundreds of millions of people directly
and cause unimaginable environmental damage3 and catastrophic climate disruption,
dropping temperatures across the planet to levels not seen since the last ice age; and
WHEREAS, despite assurances that these arsenals exist solely to guarantee that they
are never used, there have been many occasions when nuclear armed states have
prepared to use these weapons, and war has been averted only at the last minute4; and
WHEREAS, former Defense Secretary Robert McNamara said, speaking about the
Cuban Missile Crisis, “It was luck that prevented nuclear war,” yet our nuclear policy
cannot be the hope that luck will continue; and
WHEREAS, as the effects of climate change place increased stress on communities
around the world and intensify the likelihood of conflict, the danger of nuclear war will
grow5; and
WHEREAS, the planned expenditure of more than $1 trillion to enhance our nuclear
arsenal will not only increase the risk of nuclear disaster but will fuel a global arms race
and divert crucial resources needed to assure the well-being of the American people
and people all over the world6; and
1 https://fas.org/issues/nuclear-weapons/status-world-nuclear-forces/
2 http://www.psr.org/assets/pdfs/two-billion-at-risk.pdf
3 http://www.psr.org/assets/pdfs/projected-us-casualties-and-destruction.pdf
4 http://www.ucsusa.org/sites/default/files/attach/2015/04/Close%20Calls%20with%20Nuclear%20Weapons.pdf
5 https://www.scientificamerican.com/article/once-again-climate-change-cited-as-trigger-for-war/
6 https://www.armscontrol.org/factsheets/USNuclearModernization
WHEREAS, there is an alternative to this march to nuclear war: in July 2017, 122
nations called for the elimination of all nuclear weapons by adopting the Treaty on the
Prohibition of Nuclear Weapons7; now, therefore be it
RESOLVED, That the Common Council of Ithaca, New York calls upon our federal
leaders and our nation to embrace the Treaty on the Prohibition of Nuclear Weapons
and make nuclear disarmament the centerpiece of our national security policy; and, be it
further
RESOLVED, That the Common Council of Ithaca, New York calls upon our federal
leaders and our nation to spearhead a global effort to prevent nuclear war by:
renouncing the option of using nuclear weapons first (first-strike capacity);
ending the president’s sole, unchecked authority to launch a nuclear attack
without approval by congress;
taking US nuclear weapons off hair-trigger alert;
cancelling the 1.7 trillion dollar plan to replace its entire arsenal with enhanced
weapons; and
actively pursuing a verifiable agreement among nuclear armed states to eliminate
their nuclear arsenals, as established in the Treaty on the Non-Proliferation of
Nuclear Weapons (NPT);
; and, be it further
RESOLVED, That the City Clerk shall cause a copy of this resolution to be sent to U.S.
Congressman Tom Reed, U.S. Senator Kirsten Gillibrand, U.S. Senator Charles
Schumer, and President Donald J. Trump.
7 http://www.icanw.org/the-treaty/
10.2 An Ordinance to Release and Terminate City’s Sewer Line Easement Along
Taughannock Boulevard
WHEREAS, presently before Common Council is a proposal requesting that the City
release its rights to certain sewer line easements encumbering the property located at
323 Taughannock Blvd, which are recorded by Deed dated March 12, 1896, and
recorded in the Tompkins County Clerk’s Office on March 17, 1896, in Liber 145 of
Deeds of Page 534 and by Right-of-Way Agreement for Sewer Purposes recorded in
the Tompkins County Clerk’s Office on February 16, 1960, in Liber 425 of Deeds of
Page 327 (hereinafter collectively, the “Easements”)”; and
WHEREAS, 323T, LLC, the property owner of 323 Taughannock Blvd, tax map parcel
58-3-1, has requested that the City release and terminate rights to such Easements;
and
WHEREAS, the sewer lines described in the Easements are no longer necessary and
have been abandoned by the City, and City staff is supportive of releasing the
easement; and
WHEREAS, in consideration for the City’s release of the Easements of limited value to
the City, 323T, LLC has offered $2,500; and
WHEREAS, on September 18, 2018, the Board of Public Works declared the
Easements surplus property for municipal purposes and recommended Council’s
authorization of the release; and
WHEREAS, the City Charter requires approval by three-fourths of the Common Council
to authorize divestment of real property; and
WHEREAS, the City Charter further requires notice of a proposed sale to be published
no less than once each week for three weeks, the first such notice being published no
less than 30 days prior to the approval vote, and such notices have been published;
now, therefore
ORDINANCE __ -2018
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent and Purpose. The Common Council makes the following
findings of fact:
A. The above-described Easements are surplus for municipal purposes.
B. The Easements are for sewer lines that are no longer used or needed by the
City.
C. The consideration offered by 323T, LLC is adequate to release the City’s
interests in the Easements.
Section 2. Approval and Execution of Deed. The Common Council authorizes and
directs the Mayor, on the advice of the City Attorney, to execute documents as needed
to effect these transactions.
Section 3. Effective Date. This ordinance shall take effect immediately.
10.3 A Local Law Entitled “Confirmation of the Sidewalk Improvement District
Assessments, Budget, and Schedule of Work for Fiscal Year 2019”
WHEREAS, Section C-73 of the City Charter creates five Sidewalk Improvement
Districts (each a “SID”) for the construction and repair of sidewalk, and provides for an
assessment against each property located in each SID for the benefits received by the
property from said construction and repair; and
WHEREAS, the Board of Public Works has recommended a budget, schedule of work,
and schedule of assessments for Fiscal Year 2019, subject to review, amendment, and
confirmation by the Common Council; and
WHEREAS, Section C-73 provides that Council shall amend as appropriate and confirm
the SID assessments, budget, and schedule of work after a public hearing, and
WHEREAS, the appropriate public hearing has been held, and Council has given due
consideration to the comments made; if any
Local Law No. ____-2018
NOW, THEREFORE BE IT ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Findings, Intent, and Purpose.
Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is
authorized to adopt a local law relating to the authorization, making, confirmation, and
correction of benefit assessments for local improvements.
The Common Council has reviewed the assessments, budget, and schedule of work
recommended by the Board of Public Works for Fiscal Year 2019, and makes the
following findings of fact:
A. The public hearing prior to confirmation required by Section C-73 has
been held, and all owners of property subject to a SID assessment
appearing to speak before Council have had an opportunity to do so.
B. The attached schedule of work, as recommended by BPW and previously
subject to review by Council, constitutes a set of local improvements, the
cost of which should be assessed against the properties located in the SID
in which the work is to be performed.
C. The attached budget, and the related assessments reflected on the
assessment roll kept on file with the City Clerk, are necessary to defray
the cost of construction and maintenance of sidewalk in the City, and
Council has made a legislative judgment that each property in each SID is
being assessed in proportion to the benefit received by that property from
the sidewalk construction and repair contained in the schedule of work.
Section 2. Confirmation of the Assessments, Schedule of Work, and Budget.
The Common Council approves and confirms the assessment roll, a copy of which is
maintained in the City Clerk’s office, and the budget and schedule of work attached
hereto, and imposes a lien upon each property so assessed as set forth in the
assessment roll.
In the event there are additional funds available following completion of the schedule of
work, or changes to the work plan are required for financial, engineering, or other
reasons, the Superintendent of Public Works or his or her designee may alter the
schedule of work in his or her discretion, as instructed by the Board of Public Works
from time to time; provided, however, that if such actions affect ten percent or more of
any Sidewalk Improvement District’s annual levy, such actions must be approved by
resolution of the Board of Public Works.
Section 3. Severability Clause.
Severability is intended throughout and within the provisions of this Local Law. If any
section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this Local Law.
Section 4. Effective and Operative Date.
This Local Law shall be effective immediately after filing in the office of the Secretary of
State.
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-5690
Office of City Engineer
Telephone: 607 / 274-6530 Fax: 607 / 274-6415
TO: City Administration
FROM: Johnathan Licitra, Sidewalk Program Manager
DATE: 8/30/2018
RE: 2019 Sidewalk Improvement District Work Plan and Budget
Attached for your review are the 2019 Sidewalk Improvement District (SID) work plans, assessment
roles, and budget. A link to the 2019 assessment role is also provided here, as the document is too
large to attach (http://www.cityofithaca.org/219/Sidewalk-Policy).
At your September 19th meeting, I will request your approval to file a schedule of work, assessment
roles, and budget with Common Council. These materials have been approved by the Board of Public
works at their July 10th, 2018 meeting. A public hearing on the budget, assessment roles, schedule of
work, and local law can occur on the October 3, 2018 Common Council meeting.
The 2019 Work Plan budget was created based on the aforementioned assessment role and reflects all
credits for past work that were received before the May 1, 2018 application deadline. The costs for
each sidewalk project are estimates based on anticipated quantities of work, as well as unit prices from
past sidewalk contracts. Final quantities of work performed will be dictated by bid prices received
and field conditions, which could increase or decrease the amount of work completed in the 2018
work plan.
It is possible that issues unknown at this time might arise that will prevent some of these construction
projects from moving forward during the 2019 construction season. Conflicts with other construction
projects might necessitate cancelation or postponement of planned sidewalk work. Ongoing design
efforts might identify construction barriers that will impact costs or make some projects technically
infeasible.
To proactively address any of the above potential construction issues and cost uncertainty—a
contingency list of construction and design projects are included at the bottom of each sidewalk
district. These projects could replace locations in the work plan, if needed, or add to the project list if
additional budget is available based on bid prices.
For many of the district work plans, a Future Collaboration list exists. This secondary contingency
list is intended to combine sidewalk design plans with City Street and/or Water/Sewer repair work.
Additionally, this list can be used to pursue future grant applications for new sidewalk construction.
"An Equal Opportunity Employer with a commitment to workforce diversification."
Some specific project details:
District 1: Due to rising bid costs, Linn St sidewalk repairs scheduled for 2018 have been pushed back
to 2019.
District 2: This district will seek SID capital financing for the $195,000 cost to complete the sidewalk
along the Belle Sherman School. Residents and school crossing guards have noted an increase in kids
crossing along the road shoulder at this location.
District 3: The 400 block of Adams St on the south side is missing a short section of sidewalk that
this plan looks to construct.
District 4: Three hundred block of Wood St would get a new sidewalk along the south side and new
ADA curb ramps at Fair St. The work is being coordinated with the City Forester to limit residents’
landscaping impacts.
District 5: SID funding will cover 10% cost sharing with the Federal Aid Transportation Alternatives
Program (TAP) Grant for the Hector Street Complete Street Project. A current City General Fund
Capital Project request is being reviewed to cover the remaining 10% construction costs. Construction
for this project will be scheduled in 2019/2020.
Proposed 2019 Sidewalk Improvement Distric (SID) budgetsDistrict12345 TOTAL2019 SID Levy157,968$ 150,032$ 273,748$ 165,226$ 116,450$ 863,424$ Percentages18%17%32%19% 13% 100%Admin & Supplies19,527$ 18,546$ 33,839$ 20,424$ 14,395$ 106,731$ Insurance2,744$ 2,606$ 4,756$ 2,870$ 2,023$ 15,000$ Subtotal - funding available 135,697$ 128,880$ 235,153$ 141,931$ 100,032$ 741,693$ Capital Projects4,200$ 4,200$ Balance for 2019 work plan 135,697$ 128,880$ 235,153$ 137,731$ 100,032$ 737,493$ Construction100,800$ 91,225$ 184,800$ 102,000$ 74,000$ 552,825$ % of Balance74%71%79%74% 74%Design10,000$ 14,000$ -$ 8,000$ -$ 32,000$ % of Balance7%11%0%6% 0%Construction Inspection/14,798$ 13,829$ 26,150$ 15,306$ 10,893$ 80,975$ Engineering Technician11%11%11%11% 11%Miscellaneous10,099$ 9,826$ 24,204$ 12,425$ 15,139$ 71,693$ Maintenance/Concrete Cutting7%8%10%9% 15%updated 15 Aug 2018
2019 PROPOSED Sidewalk Work Plan and BudgetDistrict OneSide of StreetEstimated SF cost Cost Available BudgetConstruction100 Linn St East 100 21$ 10,500$ 200 Linn StEast12021$ 12,600$ 400 Linn StEast10021$ 10,500$ 100 Utica StEast20021$ 21,000$ 800 N. Cayuga St West22021$ 23,100$ 900 N. Cayuga St West22021$ 23,100$ 960Subtotal 100,800$ Design projects300 Fall Creek Dr North 650 10,000$ TOTAL110,800$ 120,899$ ContingencyConstruction100 Triphammer Rd West 300 21$ 31,500$ 300 Utica StEast16521$ 17,325$ 1000 N. Cayuga St West51021$ 53,550$ 1100 N. Cayuga St West16021$ 16,800$ 600 Stewart AveWest60021$ 63,000$ 600 Willow St East22021$ 23,100$ 200 Franklin StNorth22021$ 23,100$ Design projectsTotal Contingency 228,375$ Future Collaboration with City Streets' Crews/Grant Money/Captial Projects100 Thurston Ave North120,000$ 900 Stewart AveWest65,000.00$ City BlockAppr. Length of sidewalk (linear feet)
2019 PROPOSED Sidewalk Work Plan and BudgetDistrict TwoSide of StreetEstimated SF cost Cost Available BudgetConstruction300 Elmwood Ave East 170 21$ 17,850$ 200 Bryant AveEast30021$ 31,500$ 200 Dryden RdNorth 27521$ 28,875$ SID 2 Capital Finance Construction Project Elmwood & Valley Rd (bordering the school) 600 13,000$ annual cost for 15 yrs; $195,000 Sum1,345Subtotal 91,225$ Design projects500-900 Giles St Either 575 14,000$ TOTAL 105,225$ 115,051$ ContingencyConstruction500 Mitchell St South 150 21$ 15,750$ 100 Ithaca RdSouth 16521$ 17,325$ 200 Cornell StEast9021$ 9,450$ 200 Cornell StWest9021$ 9,450$ 300 Stewart AveEast5021$ 5,250$ Design projectsTotal Contingency 41,475$ Future Collaboration with City Streets' Crews/Grant Money/Captial Projects1100 E. State StSouth 450120,000$ 400 Oak AveNorth 900244,000$ City BlockAppr. Length of sidewalk (linear feet)
2019 PROPOSED Sidewalk Work Plan and BudgetDistrict ThreeSide of StreetEstimated SF cost Cost Available BudgetConstruction100 Lake Ave West 420 21$ 44,100$ 500 W. Clinton St North 400 21$ 42,000$ 200 N.Geneva St East 100 21$ 10,500$ 300 Cascadilla St South 210 21$ 22,050$ 300 Cascadilla St North 180 21$ 18,900$ 200 S. Cayuga St East 330 21$ 34,650$ 400 Adams St South 120 21$ 12,600$ 1,760 Subtotal 184,800$ Design projectsTOTAL 184,800$ 209,004$ ContingencyConstruction100 E. Green St (vault membrane repair) North 300 25$ 37,500$ 600 W. Green St South 100 21$ 10,500$ 500 W. Green St South 160 21$ 16,800$ 200 N. Geneva St East 100 21$ 10,500$ 300 W. Buffalo St South 80 21$ 8,400$ Total Contingency 46,200$ Future Collaboration with City Streets' Crews/Grant Money/Captial ProjectsCity BlockAppr. Length of sidewalk (linear feet)
2019 PROPOSED Sidewalk Work Plan and BudgetDistrict FourSide of StreetEstimated SF cost CostAvailable BudgetConstruction100 E. Spencer St & Curb Ramps North/South40021$ 42,000$ 300 Wood St & Fair St Curb Ramps South46060,000$ 860 Subtotal102,000$ Design projects200 Cecil A Malone Dr South 775 8,000$ TOTAL110,000$ 122,425$ ContingencyConstruction300 Pleasant St South 370 21$ 38,850$ 100 Hawthorne PlNorth35021$ 36,750$ 200 Columbia St South38521$ 40,425$ Design projectsTotal Contingency 116,025$ Future Collaboration with City Streets' Crews/Grant Money/Captial Projects400 Hillview Pl South650223,000$ 600-700 S. Aurora StEast1650190,000$ 800 S. Aurora StBoth650217,000$ 100 Giles StSouth450360,000$ City BlockAppr. Length of sidewalk (linear feet)
2019 PROPOSED Sidewalk Work Plan and BudgetDistrict FiveSide of StreetEstimated SF cost CostAvailable BudgetConstructionElm St & Chestnut St Intersection (bordering school)50,000$ Subtotal50,000$ SID 5 Capital Finance Project: Finance $360,000 of $2.1 Million Project (1.4 Million grant)100-1100 Hector St North/East 715024,000$ annual cost for 15 yrs; $360,000 SumTOTAL74,000$ 100,032$ ContingencyConstruction700 W. Court St North 50 21$ 5,250$ 300 N. Meadow St West8021$ 8,400$ 400 N. Meadow St West4021$ 4,200$ 500 N. Meadow St West4021$ 4,200$ Design projectsTotal Contingency 22,050$ Future Collaboration with City Streets' Crews/Grant Money/Captial Projects100-1100Hector StNorth/East71501,700,000$ City BlockAppr. Length of sidewalk (linear feet)
CODDINGTON RDSOUTH HILL TERBLAIR STN TIOGA ST
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10.4 Finance Department – Approval of 2017 City of Ithaca Single Audit -
Resolution
RESOLVED, That the Independent Auditor’s Report for the period of January 1, 2017
through December 31, 2017, prepared by the accounting firm of Insero & Company
CPA’s LLP, be accepted to comply with all of the City’s applicable Government
Accounting Standards Board (GSB) Statement 34 and other related audit and single-
audit requirements.
10.5 Common Council – A Local Law to Override The Tax Levy Limit
Established in General Municipal Law
Local Law No. _____ - 2018
BE IT ENACTED by Common Council of the City of Ithaca as follows:
Section 1. Legislative Intent
It is the intent of this local law to allow the City of Ithaca to adopt a budget for the fiscal
year commencing January 1, 2019, that requires a real property tax levy in excess of
the “tax levy limit” as defined by General Municipal law §3-c.
Section 2. Authority
This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c,
which expressly authorizes a local government’s governing body to override the
property tax cap for the coming fiscal year by the adoption of a local law approved by a
vote of sixty percent (60%) of said governing body.
Section 3. Tax Levy Limit Override
The Common Council of the City of Ithaca, County of Tompkins, New York, is hereby
authorized to adopt a budget for the fiscal year commencing January 1, 2019, that
requires a real property tax levy in excess of the amount otherwise prescribed in
General Municipal Law §3-c.
Section 4. Severability
If a court of competent jurisdiction determines that any clause, sentence, paragraph,
subdivision, or part of this local law or application thereof to any person, firm or
corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment
shall not affect, impair or invalidate the remainder of this local law, but shall be confined
in its operation to the clause, sentence, paragraph, subdivision, or part of this local law
or in its application to the person, individual, firm or corporation or circumstance, directly
involved in the controversy in which such judgment or order shall be rendered.
Section 5. Effective Date
This local law shall take effect immediately upon filing with the Secretary of State.