HomeMy WebLinkAbout12-05-18 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, December 5,
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 Pride of Ownership Awards – Scott Whitham
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 (DPW) – Parking Division – Amendment to
Personnel Roster - Resolution
8.2 Finance Department – Authorization to Cover Red Accounts - Resolution
8.3 Finance Department/City Controller - Request to Amend 2018 Budget to Account
for Various Unanticipated Revenue and Related Expenses - Resolution
8.4 Planning, Building. Zoning and Economic Development - Authorization of Funds
for Outside Legal Services for the Environmental Review of Cornell’s North
Campus Residential Expansion (NCRE) - Resolution
8.5 An Ordinance to Transfer Title of a Portion of Linn Street to the Ithaca City
School District
8.6 Ithaca Police Department – Request to Amend 2018 Authorized Budget for New
York State (NYS) Homeland Security Grant - Resolution
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Selection of Next Plans for Phase II of the City of Ithaca Comprehensive Plan -
Resolution
Common Council Meeting Agenda
December 5, 2018
Page 2
10. CITY ADMINISTRATION COMMITTEE:
10.1 A Local Law Entitled “Adjustments to the Stormwater User Fee”
10.2 Planning, Building, Zoning and Economic Development - Establishment of
Capital Project for Cascadilla Creek Dredging and Installation of a Sediment Trap
- Resolution
10.3 Department of Public Works (DPW) – Request to Establish Capital Project for
Stewart Park Playground - Resolution
10.4 Capital Project Construction Phase for Grit Removal Project, Concrete
Restoration Project, Emergency Generator Replacement, and Miscellaneous
Plant Improvements at the Ithaca Area Wastewater Facility - Resolution
10.5 A Local Law Entitled “Repeal of City Charter C-94 and Distribution of the
Balances of the Veteran Volunteer Firemen’s Relief Fund and the Active
Firemen’s Relief Fund”
10.6 City Controller’s Report
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14. MAYOR’S APPOINTMENTS:
14.1 Recommendation to Tompkins Consolidated Area Transit Board – Resolution
14.2 Reappointments to Building Code Board of Appeals – Resolution
15. REPORTS OF COMMON COUNCIL LIAISONS:
16. REPORT OF CITY CLERK:
17. REPORT OF CITY ATTORNEY:
18. MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the October 3, 2018 Common Council Meeting Minutes – Resolution
18.2 Approval of the October 18, 2018 Special Common Council Meeting Minutes –
Resolution
18.3 Approval of the November 7, 2018 Common Council Meeting Minutes –
Resolution
18.4 Approval of the November 13, 2018 Special Joint Common Council/Ithaca Urban
Renewal Agency Meeting Minutes
Common Council Meeting Agenda
December 5, 2018
Page 3
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
City Clerk
Date: November 29, 2018
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Department of Public Works (DPW) – Parking Division – Amendment to
Personnel Roster - Resolution
WHEREAS, under the previous Director of Parking, two Parking Lot Attendant positions
were converted to Buildings and Grounds Maintenance Worker positions and moved to
the Commons Crew to serve as a weekend and evenings Commons Crew shift from
1:00 PM to 9:30 PM; and
WHEREAS, this crew was assigned routine cleaning and maintenance tasks on the
Commons that included emptying trash receptacles, handling of tables and chairs,
cleaning out drainage facilities, picking up trash, and other miscellaneous tasks; and
WHEREAS, many of the duties assigned to the weekend and evening Commons Crew
overlap with Downtown Ithaca Alliance (DIA) Ambassador shifts and duties and are
therefore redundant; and
WHEREAS, the funding for these positions would be more effectively utilized by
strengthening the daytime Commons Crew so that needed infrastructure repairs can be
accomplished, and by expanding the customer service capabilities of the parking
garage staff; and
WHEREAS, the DIA has agreed to assume routine trash pickup and cleaning duties
during evenings and weekends as a part of the existing Memorandum of Understanding
between the City of Ithaca and DIA, at no extra cost; now, therefore be it
RESOLVED, That the Personnel Roster of the Parking Division of the Department of
Public Works be amended as follows:
Re-fund: One (1) Working Supervisor – Parking, Building and Grounds
Add: One (1) Parking Lot Attendant
Delete: Two (2) Building and Grounds Maintenance Workers
; and, be it further
RESOLVED, That the above changes shall be funded within the existing budget.
8.2 Finance Department – Authorization to Cover Red Accounts - Resolution
RESOLVED, That the City Controller be empowered to make transfers within the 2018
Budget appropriations, as needed, for the remainder of the 2018 Fiscal Year.
8.3 Finance Department/City Controller - Request to Amend 2018 Budget to
Account for Various Unanticipated Revenue and Related Expenses - Resolution
WHEREAS, during 2018, City of Ithaca departments have received revenue from
various unanticipated sources including reimbursements, insurance recoveries and
donations that need to be accounted for in the 2018 budget; and
WHEREAS, the reimbursement totals of $12,877 as follows:
Reimbursements $7,801
Insurance Recovery $4,101
Donations $975
; now, therefore be it
RESOLVED, That Common Council hereby amends the 2018 authorized budget as
follows to account for said receipts and related expenditures of funds:
Increase Revenue Accounts:
A3120-2655 Police Minor Sales $800
A3120-2680 Police – Insurance Recovery $1,768
A3410-2260 Fire – Public Safety Services $3,151
A3410-2705 Fire – Insurance Recovery $2,333
A7111-1710 Forestry – Public Work Services $3,850
A7111-2680 Forestry – Insurance Recovery $975
$12,877
Increase Appropriations Accounts:
A3120-5476-5001 Police – Equipment Maintenance $647
A3120-5477-5001 Police – Equipment Parts $1,921
A3410-5110-12200 Fire – Staff Salaries $3,151
A3410-5476-12250 Fire – Equipment Parts $2,333
A7111-5125 Forestry OT $750
A7111-5483 Forestry Construction Supplies $375
A7111-5485 Forestry Trees $3,700
$12,877
8.4 Planning, Building, Zoning and Economic Development - Authorization of
Funds for Outside Legal Services for the Environmental Review of Cornell’s North
Campus Residential Expansion (NCRE) - Resolution
WHEREAS, the Planning Division is requesting funds not to exceed $20,000 to retain
Adam Walters of Phillips Lytle LLP, to provide legal counsel to the Planning and
Development Board pertaining to the environmental review of Cornell’s NCRE Project;
and
WHEREAS, Cornell submitted a site plan review application for NCRE to the City of
Ithaca Planning and Development Board in July of 2018. The project spans three
municipalities and consists of two residential complexes with 2,000 beds, a 1,200-seat
dining facility, and associated program space; and
WHEREAS, the Planning Board is acting as Lead Agency in the environmental review
of the project; and
WHEREAS, the potential environmental issues of the project are particularly complex
and have generated an unusually large amount of public interest. To produce the most
defensible environmental record possible, the Board and staff require legal advice from
a practitioner who specializes in environmental and land use law; and
WHEREAS, the Planning, Building, Zoning and Economic Development Department’s
current contract line does not have sufficient funds to cover this expense; and
WHEREAS, the requested funding is offset by the $192,000 site plan review fee
received in 2018 for the $128,000,000 project; now, therefore be it
RESOLVED, That the Common Council does hereby authorize the requested funds, not
to exceed $20,000, to provide legal counsel to the Planning and Development Board
pertaining to the environmental review of Cornell’s NCRE Project; and, be it further
RESOLVED, That Common Council hereby amends the 2018 Authorized Planning,
Building, Zoning and Economic Development budget for said outside legal counsel as
follows:
Increase Revenue
A8020-2111 Site Development $20,000
Increase Appropriation Account:
A8020-5435 Contracts $20,000
TO: City Administration Committee
FROM: Lisa Nicholas, Deputy Director of Planning
DATE: November 9, 2018
RE: Request Funds for Outside Legal Services for the Environmental Review of Cornell’s
North Campus Residential Expansion (NCRE).
The Planning Division is requesting funding not to exceed $20,000 to retain Adam Walters of Phillips Lytle
LLP, to provide legal counsel to the Planning and Development Board pertaining to the environmental
review of Cornell’s NCRE Project. The requested funding is offset by the $192,000 site plan review fee
received for the $128,000,000 project.
Cornell submitted a site plan review application to the City of Ithaca Planning and Development Board in
July of 2018. The project spans three municipalities and consists of two residential complexes (one for
sophomores and the other for freshmen) on two sites on North Campus. The sophomore site will have
four residential buildings with 800 new beds and associated program space and a 1,200-seat, dining
facility. The freshman site will have three new residential buildings (each spanning the City and Town line)
with a total of 1,200 new beds and associated program space. The Planning Board is acting as Lead Agency
in the environmental review of the project.
The potential environmental issues of the project are particularly complex and have generated an
unusually large amount of public comment and interest. To produce the most defensible environmental
record possible, the Board and staff require legal advice from a practitioner who specializes in
environmental and land use law.
The Planning, Building, Zoning and Economic Development Department’s contract line does not have
sufficient funds to cover this expense. Its 2018 amount was scaled to cover the anticipated expenses of a
contract with Sustainable Strategies LLC and the City’s portion of the salary for the Sustainability
Coordinator position. Any excess in the line has been used to engage a temporary employment service
because of the unexpected vacancy of the Permit Clerk in the Building Division.
To conclude, the Department does not have budgeted funds to pay for the specialized legal services
required for a project of this size and complexity, and the requested amount is offset by the substantial
site plan review fee received for the project.
Please contact me if you should need more information or have questions lnichola@cityofithaca.org .
Thank you for your consideration of this request.
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
8.5 An Ordinance to Transfer Title of a Portion of Linn Street to the Ithaca City
School District
WHEREAS, in 2017, the City of Ithaca identified Elm Street and Chestnut Street
intersection for certain pedestrian and vehicular traffic safety improvements, and in
2019, the City plans to construct sidewalk on South Aurora Street bordering South Hill
Elementary School to provide improved and safer pedestrian access on South Aurora
Street; and
WHEREAS, in order to accomplish these safety enhancements, the City is interested in
acquiring certain portions of Ithaca City School District land, namely fee title to a small
3,385 square foot parcel of land adjacent to Lehman Alternative Community School to
support the intersection improvements depicted in the drawing attached and
incorporated here as Exhibit A, and a permanent easement of 3,070 square feet along
South Aurora Street as depicted in the drawing attached and incorporated here as
Exhibit B (hereafter, referred to as Parcels A and B, respectively); and
WHEREAS, Ithaca City School District (the “District”) requires that divestment of school
district land be for fair market value; and
WHEREAS, the City has proposed an exchange of the parcels depicted in Exhibits A
and B, as described above for a deeded transfer of a section of Linn Street comprising
an area of approximately 8,717 square feet located behind Fall Creek Elementary,
currently used by the school (shown in the drawing attached and incorporated here as
Exhibit C, and hereafter referred to as the “Linn Street Parcel”); and
WHEREAS, in 1965, the City discontinued the relevant portion of Linn Street comprising
the Linn Street Parcel and authorized the District’s use of the same, but never
transferred title to the District as was intended; and
WHEREAS, the District remains interested in acquiring title to the Linn Street Parcel in
exchange for transferring title to the City for Parcel A and providing a permanent
easement over Parcel B; and
WHEREAS, on November 20, 2018, the City’s Board of Public Works declared the
property depicted in Exhibit C 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 be it,
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 Linn Street Parcel is surplus for municipal purposes.
B. The Linn Street Parcel has been in continuous use by the District,
presumably since 1965, and may be transferred to the District maintaining
an easement for the City for the water main running below Linn Street.
C. The exchange offered by the District for fee title to Parcel A and a
permanent easement over Parcel B is adequate consideration to release
the City’s interests in the Linn Street Parcel.
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.
Page 2 October 13, 1965
RICHARD BERGGREN INVOICE : The Clerk read a. letter from Attorney Robert Hines protesting
a bill in the amount of $27. 54 received by Richard Berggren for rodding a house sewer
at 209 Elm Street. His client claimed that many properties were benefitted by the work
done and the cost should be borne equally by them.
By Comm. Conley: seconded by Comm.. Leary
RESOLVED, that the matter be referred to the Water $ Sewer Committee for study and report.
Carried.
CHARLOTTE TARBELL INVOICE: The Clerk read a letter from Mrs. Charlotte Tarbell protest-
ing a bill she had received from Donohue-Halverson Inc, in the amount of $81. 14, for
rodding a plugged sewer serving her property at 411 Hillview Place. She claimed that
construction work on Hudson Street had caused the stoppage and therefore requested that
the City assume part of her bill.
By Comm. Conley: seconded by Comm. Alo
RESOLVED, that Mrs. Tarbell's protest be referred to the Water & Sewer Committee for
study and report.
Carried.
LINN STREET: The Clerk reported that the City Assessor had appraised the portion of Linn
Street,Tet'ween King $ Queen Streets, needed by the City School District in connection
with enlarged facilities under construction at Fall Creek School. He advised that the
Assessor had determined its appraised value to be $5,950.00. He recommended the matter
be referred to the City Attorney for further negotiation so that title may be transferred
to the School District.
By Comm. Conley: seconded by Comm. Leary
RESOLVED, that the matter be referred to the City Attorney for negotiation and report
back to this Board. Carried.
SIDEWALK CONSTRUCTION: Engineer Melchen reported that new sidewalks, or a total of
2,925 sq, feet, hacf een constructed at nine locations throughout the City since the
Board awarded a contract for this work to the low bidder on September 8th.
SEWER STUDY: Comm. Conley presented a report on unsewered properties within the City
which ad een prepared by Mr. Hannan, Asst. Supt. of Public Works. He stated it had
been prepared in response to a request therefor by the Council. (See copy attached to
minutes)
By Comm. Conley: seconded by Comm. Leary
RESOLVED, that a copy of the attached report on unsewered properties in the City be
delivered to the Common Council.
Carried.
BIDS - WATER PUMPING STATION: Comm. Conley reported that the Council had provided
additional financing for the construction of the new water pumping station and that
the consulting engineers had recommended acceptance of the low bids received on this
project.
By Comm. Conley: seconded by Comm. Leary
RESOLVED, that contracts be awarded to three low bidders on the new water pumping
station in accordance with their respective low bids submitted as follows :
Total Bid Price
General - Alternate to Christopher Construction Co.
Columbus, Ohio 236,650.00
Plumbing, heating, ventilation !-full Heating & Plumbing Do.
Ithaca, New York 140115.00
Electrical Norton Electric Company
Ithaca, New York 81,274.00
AND BE IT FURTHER RESOLVED, that the Mayor and City Clerk be authorized to sign these
contracts on behalf of the City upon approval thereof by the City Attorney.
Carried.
WATER INVOICE EXPUNGED: By Comm. Conley: seconded by Comm. Alo
RESOLVED, t at water invoice #4052, rendered to the City General Fund in the amount of
265. 13 be expunged because material included therein should have been charged to the
Water Department ; and that a corrected invoice in the amount of $189.58 included in
today's audit, be approved and ordered rendered in place thereof.
Carried.
Exhibit A
NO. RADIUS (FT) ARC (FT)
C1 417.80 88.35
88.19 BEARING
N 06o54'45" E
C2 471.50 70.94
70.88 BEARING
N 17o16'52" E
C3 1061.51 159.20
159.05 BEARING
N 25o53'17" E
CURVE TABLE
DIRECTION
RIGHT
RIGHT
RIGHT
CHORD LENGTH
CHORD LENGTH
CHORD LENGTH
Exhibit B
NO. RADIUS (FT) ARC (FT)
C1 417.80 88.35
88.19 BEARING N 06o54'45" E
C2 471.50 70.94
70.88 BEARING
N 17o16'52" E
C3 1061.51 159.20
159.05 BEARING
N 25o53'17" E
CURVE TABLE
DIRECTION
RIGHT
RIGHT
RIGHT
CHORD LENGTH
CHORD LENGTH
CHORD LENGTH
Exhibit C
8.6 Ithaca Police Department – Request to Amend 2018 Authorized Budget for
New York State (NYS) Homeland Security Grant - Resolution
WHEREAS, the Ithaca Police Department (IPD) recently received a US Department
of Homeland Security State Homeland Grant administrated by New York State for
$100,000; and
WHEREAS , the grant will be used to develop and enhance tactical team response
capabilities through equipment, training and exercise, with funding through August
31, 2020; and
WHEREAS, equipment and resources purchased through this grant will include:
Tactical Robot, helmet mounted night vision devices, tactical ballistic shield, spotting
scopes and binoculars, handheld Forward Looking InfraRed unit, and backfill of
overtime of training; now, therefore be it
RESOLVED, That Common Council hereby amends the 2018 authorized Police
Department Budget to account for the $100,000 New York State Homeland Security
and Emergency Services Grant as follows:
Increase Revenue Account:
A3120-4320 Police Federal Aid $100,000
Increase Appropriation Accounts:
A3120-5125-5001 Police Overtime $18,500
A3120-5225-5022 Police Equipment $81,500
$100,000
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Selection of Next Plans for Phase II of the City of Ithaca Comprehensive
Plan Phase II - Resolution
WHEREAS, the Comprehensive Plan outlines a vision for the city’s future and serves as
a guide for future decision-making, policies, and funding; and
WHEREAS, the City decided to pursue a two-phased approach to its new
Comprehensive Plan, where Phase I entailed the preparation of an “umbrella” plan,
Plan Ithaca, that sets forth broad goals and principles to guide future policies throughout
the city and where Phase II includes the preparation of specific neighborhood and
thematic plans; and
WHEREAS, the Phase II plans provide an opportunity to take a proactive look at
specific areas throughout the city, particularly those with significant potential for change,
and to implement policies and capital improvements to help implement a shared vision;
and
WHEREAS, the Parks and Recreation Master Plan was adopted as the first Phase II
plan in June 2018, and work on the Waterfront and Southside area plans is nearing
completion; and
WHEREAS, staff is beginning to prepare for the next plans to be completed as part of
Phase II, with work intended to begin in the first quarter of 2019, and would like to
identify Common Council’s priorities for the upcoming planning initiatives; now,
therefore be it
RESOLVED, That the Common Council selects the Downtown-West State Street
Corridor-West End area plan (study area #4 as shown on the map titled
“Comprehensive Plan Phase II Study Areas,” dated August 28, 2018) and the Housing
Strategy White Papers as the next plans to be completed as part of Phase II of the
Comprehensive Plan.
TO: Planning & Economic Development Committee
FROM: Megan Wilson, Senior Planner
DATE: November 5, 2018
RE: Comprehensive Plan – Next Phase II Plans
At the September Planning & Economic Development Committee meeting, the Committee
discussed the next plans to be completed as part of Phase II of the Comprehensive Plan and
tentatively agreed that a City Housing Strategy and a Downtown-West State Street Corridor-
West End1 plan should be the next completed. Before sending a recommendation to
Common Council, the Committee wanted to discuss the Housing Strategy and what it might
entail. Planning staff would like to propose that, in lieu of a single document, the Housing
Strategy consist of a series of “white papers” the delve into various housing topics and
suggest possible strategies to address Plan Ithaca’s housing goals and housing-related issues
in the community. More information and suggested topics are included in the attached
document.
As discussed at the September meeting, preparing a plan for the Downtown-West State
Street Corridor-West End areas at this time provides a unique opportunity for the City to
collaborate with the Downtown Ithaca Alliance as it prepares its 2030 Strategic Plan. The
City and the DIA will be able to share project resources and coordinate goals and objectives
for future planning. This collaboration necessitates that the City begin work on the
Downtown plan as soon as possible and would require that this plan be the top Phase II
priority of 2019.
Staff will attend the November 14th Planning & Economic Development Committee meeting
to discuss the Housing Strategy Papers and the Downtown plan and answer any questions.
A draft resolution recommending these two initiatives as the next Phase II priorities is
attached for your consideration. If you have any questions prior to the meeting, please feel
free to contact me at mwilson@cityofithaca.org or 274-6560.
1 Study Area 4 on “Comprehensive Plan Phase II Study Areas” Map (attached)
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
TO: Members of Common Council
FROM: JoAnn Cornish, Director of Planning and Development
DATE: November 26, 2018
RE: Prioritization - Housing Topics for White Papers as Part of the
City of Ithaca’s Comprehensive Plan – Phase II
At the November meeting of the Planning & Economic Development Committee, a
discussion was had on the next plans to be completed as part of Phase II of the
Comprehensive Plan. The Committee agreed that a City Housing Strategy and a
Downtown-West State Street Corridor-West End plan should be the next completed.
Planning staff proposed that, in lieu of a single document, the Housing Strategy consist
of a series of “white papers” that would address various housing topics and culminate
with possible strategies to address Plan Ithaca’s housing goals and housing-related issues
in the community.
In addition to sending the proposed resolution onto Common Council for adoption
(approving the next topics to be undertaken as part of the Comprehensive Plan Phase
II), the Committee asked that staff prioritize the topics to be covered in the white papers.
Below is the original list of topics organized in order of importance as recommended by
staff.
Staff will attend the December 5, 2018 Common Council meeting in the event there are
questions or suggested changes to the prioritization. If you have any questions prior to
the meeting, please feel free to contact me at jcornish@cityofithaca.org. or 274-6566.
1. Infill Housing
Design Guidelines
Reducing Minimum Lot Size Requirements (for detached single family homes)
Restricting properties to one primary use per tax parcel
Accessory Apartments
Garage Conversions
Tiny Houses
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 2 of 2
2. Affordable Housing/Middle Income Housing
Incentive Zoning
Inclusionary Zoning
Minimum Quality Standards
Financing
Fair Housing Enforcement
Source of Income Protection
Renters Association
3. Home Ownership
Programs/Incentives to Support Home Ownership/Rehabilitation
Employer Assisted Home Purchasing
Co-Housing Ownership
Student Rental Conversions
Condominiums
Anti-Gentrification
Saving Vacant Buildings for
4. Short Term Rentals
Air B & B’s
Rental Registry
Inspections/Code Compliance
Enforcement
5. Long Term Rentals
Rental Registry
Renters Association
Owner Financing – From Renting to Owning
1
Comprehensive Plan Phase II Housing Strategy
Themes for Housing White Papers
November 5, 2018
As part of Phase 2 of the City’s comprehensive plan, Planning Staff is proposing to research and
write a series of “White Papers” on various housing topics, challenges, and where needed,
strategies for implementation of housing goals contained in Plan Ithaca.
Plan Ithaca Housing goals:
H1
Ithaca will have an adequate supply of safe, accessible, and affordable
housing available to all residents, regardless of their circumstances or
special needs
H2 The city will be home to a range of housing options, including different
levels of affordability and housing types, in each neighborhood.
H3
New residential units will be compatible with the essential character of
established neighborhoods, in coordination with the goals of the Land Use
Chapter
H4 Homeownership and owner-occupancy of residential units will increase
throughout the city.
H5 The existing stock of affordable housing will be preserved and maintained.
Plan Ithaca Land Use goals related to housing:
LU2 Additional housing will provide opportunities for people of all incomes,
ages, and abilities to live in the city.
LU3 Neighborhood character will be preserved and enhanced.
LU6 Transportation and housing options will reduce commuter traffic.
LU7 Housing will be located so that jobs and services are easily accessible.
LU8 An increased tax base will reduce tax burden for residents.
Plan Ithaca Economic Development goals related to housing:
ED8 Structural barriers that prevent people from overcoming poverty will be
eliminated.
The Planning Division will address current issues facing the city in the housing market and
research best practices on how other communities are dealing with these issues. It is the hope that
these white papers, once completed, will be used as a guide for creating relevant policies and
revisions to the City’s Codes and Ordinances. The following is a list of potential topics that may
be included for analysis:
2
Infill Housing
Tiny Houses
Design Guidelines
Reducing Minimum Lot Size Requirements (for detached single family homes)
Accessory Apartments
Garage Conversions
Alternative Housing Types
Duplexes
Co-Housing
Efficiency Housing
Short Term Rentals
Air B & B’s
Rental Registry
Code Compliance
Enforcement
Long Term Rentals
Rental Registry
Renters Association
Affordable Housing
City Incentives
Minimum Quality Standards
Fair Housing Enforcement
Source of Income Protection
Renters Association
Home Ownership
Programs/Incentives to Support Home Ownership
Student Rental Conversions
Condominiums
Anti-Gentrification
Housing Rehabilitation Programs/Incentives
Employer Assisted Home Purchasing
10. CITY ADMINISTRATION COMMITTEE:
10.1 A Local Law Entitled “Adjustments to the Stormwater User Fee”
WHEREAS, the City previously adopted Local Law 2014-03, authorizing the creation
of a stormwater utility and the establishment of a stormwater user fee; and
W HEREAS, that Local Law created a user fee funding stream to support stormwater-
related expenses, such as construction and maintenance of storm sewers and
channeled streams, environmental management, and regulatory compliance; and
WHEREAS, Council’s stated intent in that Local Law was for a stormwater user fee to
replace taxes as the funding mechanism for stormwater-related expenses, because
taxes do not account for the amount of stormwater generated by impervious surfaces
located on any given parcel and do not provide any incentive for property owners to
reduce the amount of runoff generated by their properties; and
WHEREAS, Council noted in that Local Law that employing taxes as the funding
mechanism for stormwater-related expenses omits tax-exempt properties from
participation in the funding of the stormwater programming and infrastructure needed to
handle runoff generated by such properties; and
WHEREAS, City staff have been able to evaluate the functionality of that Local Law
based upon the ensuing three-plus years of activity, and have concluded that the City
spends markedly more each year on stormwater-related expenses than it collects in
stormwater user fees, meaning that, on average, the City spends well over half a
million dollars per year on stormwater services paid for by funding sources other than
stormwater user fees—much of it, tax dollars; and
WHEREAS, Municipal Home Rule Law Section 10(1)(ii)(a)(9-a) authorizes the City
to provide for the “fixing, levy, collection and administration of rentals, charges, rates
or fees, penalties and rates of interest thereon, liens on local property in
connection therewith and charges thereon;” now, therefore
LOCAL LAW 2018-
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Findings, Intent, and Purpose.
The Common Council makes the following findings of fact:
A. The City currently expends far more funding on Stormwater Services, as
defined in Section 283-1 of the City Code, than it collects in total Stormwater
User Fees, thus necessitating substantial expenditures from other funding
sources to provide necessary Stormwater Services. Those other funding
sources include the General Fund (i.e., tax dollars) and outside funding
sources, particularly state and federal grant funding.
B. The City seeks more closely to align the Stormwater User Fees annually
collected with the annual expenditures on Stormwater Services. Every parcel of
real property that contains impervious surface areas, both public and private,
uses and benefits from the maintenance of the stormwater system, and those
impervious surfaces that generate larger quantities or dirtier runoff use and
benefit disproportionately.
C. Those parcels of property constituting Non-Residential Lots, often
containing parking lots and other automotive-intensive uses, are substantially
more likely than Residential Lots, even when measured on a per-ERU basis,
each term as defined in Section 283-1, to produce stormwater containing
hydrocarbons, trace metals (including cadmium, copper, lead and zinc), and
chlorides, each of which are substantially attributable to automotive operations
ranging from leaking oil and grease to shedding brake pads to salts that are
applied to parking lots, as documented in the Department of Environmental
Conservation’s 2015 Stormwater Management Design Manual Chapter 2,
Section 2.1. For example, that Manual notes that “some areas that produce
runoff with high runoff concentrations [of hydrocarbons] include gas stations,
commuter parking lots [and] convenience stores.”
D. These more concentrated quality impacts on the stormwater managed
by the City (i.e., more polluted stormwater on a per-square-foot basis)
necessitate a higher per-ERU User Fee Rate, as defined below, for Non-
Residential Lots.
E. Because an array of Stormwater Services remain to date funded by
sources other than Stormwater User Fees, changed incentives continue to be
required in order to motivate individual property owners to reduce the rate and
volume of runoff from their respective properties and to increase the water
quality of that runoff. Properties with large, impervious surfaces, such as parking
lots, are often assessed at a lower value for property tax purposes than smaller
properties with a residential building surrounded largely by pervious surfaces,
even though the former properties have a much larger effect on the City’s
stormwater infrastructure. As a result, the costs of stormwater services required
to meet the City’s regulatory obligations, increase waterway quality, and protect
City residents and businesses from flooding are not currently shared by each
property fully in proportion to the demands it places on such services.
F. Impervious surfaces that tax-exempt property owners have chosen to
construct or maintain on their properties substantially increase the need for, and
cost of providing, stormwater services. However, because a substantial portion
of those costs to date continue to be paid out of the City’s tax revenues, the
owners of those properties do not proportionately participate in funding the
infrastructure and services required by the runoff generated due to their
decisions.
Pursuant to Municipal Home Rule Law Section 10(1)(ii)(a)(9-a) the City of
Ithaca is authorized to adopt a local law relating to the adoption of user
fees. The user fee adjusted by this Local Law will be used to pay the costs
incurred by the City in offering services and infrastructure to handle runoff
caused by a property owner’s choice to construct or maintain impervious
surfaces on a given property. Further, this dedicated source of funds for
stormwater programming is needed for the City to address its aging
infrastructure, the increasing number of federal and state regulations
regarding the handling of stormwater with which the City must comply, and
the increases in overall precipitation and heavy precipitation events that
have already occurred, and are anticipated to continue, due to climate
change.
Section 2. Amendment to Section 283-1.
Section 283-1 of the City Code, “Definitions”, is hereby amended to add at the end
thereof:
USER FEE RATE.
The monthly User Fee Rate for Residential Lots is four dollars and
seventy-five cents ($4.75); for Non-Residential Lots it is seven dollars and
twenty-five cents ($7.25).
Section 2. Amendment to Section 283-2(A).
Section 283-2(A) of the City Code, “Stormwater User Fees”, is hereby amended
as follows:
A. Each Developed Lot in the City shall be subject to a monthly Stormwater User
Fee equal to the product of [four dollars ($4.00)]the applicable User Fee
Rate and the number of ERUs of Impervious Surface Area on the Lot as
calculated below, less any credits for the Lot approved by the Superintendent
pursuant to Section 283-3.
(1) Every Residential Lot, and each Non-Residential Lot with an
Impervious Surface Area less than or equal to one (1) ERU, shall be
deemed to have an Impervious Surface Area equal to one (1) ERU.
(2) The number of ERUs of Impervious Surface Area on a Non- Residential
Lot with an Impervious Surface Area greater than one ERU shall be
calculated by dividing the Lot’s Impervious Surface Area by the value of one
(1) ERU, and rounding the result up to the nearest one-quarter (1/4) of an
ERU.
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 take effect January 1, 2019, provided it is first filed in the office of the Secretary of
State, or upon filing in the office of the Secretary of State thereafter
10.2 Planning, Building, Zoning and Economic Development - Establishment of
Capital Project for Cascadilla Creek Dredging and Installation of a Sediment Trap
- Resolution
WHEREAS, the City of Ithaca is pursuing a project to mechanically dredge Cascadilla
Creek between the confluence with Cayuga Inlet and the pedestrian bridge adjacent to
New York State Route 13 (N. Meadow Street) and to install a sediment trap within the
channelized segment of the creek that can be accessed by City staff on a permitted
basis to remove captured sediments; and
WHEREAS, the Project is funded by a $2,000,000 allocation from the New York State
Capital Assistance Program (NYSCAP) through the sponsorship of State
Assemblywoman Barbara Lifton; and
WHEREAS, this a 100% reimbursable program with no local match; now, therefore be it
RESOLVED, That the Common Council does hereby authorize the creation of Capital
Project #853 for Cascadilla Creek Dredging and Installation of a Sediment Trap in the
amount not to exceed $2,000,000; and, be it further
RESOLVED, That funds for said Capital Project shall be derived from the issuance of
Serial Bonds with a later 100% reimbursement from the New York State Capital
Assistance Program Aid.
TO: City Administration Committee
FROM: Lisa Nicholas, Deputy Director of Planning
DATE: November 9, 2018
RE: Request to Establish a Capital Project for Cascadilla Creek Dredging and Installation of
a Sediment Trap
In response to notable sediment deposition that impairs boat navigation and fosters winter ice jams, the
City of Ithaca is pursuing the mechanical dredging of Cascadilla Creek between the confluence with Cayuga
Inlet and the pedestrian bridge adjacent to New York State Route 13 (N. Meadow Street). The length of
the creek corridor to be impacted is approximately 1,700 feet and between 12,000 – 18,000 cubic yards
of sediment may be dredged to restore navigation and minimize winter ice jam formations. The sediment
will be temporarily placed on an adjacent site for drying and subsequently removed. To minimize the
future deposition of these coarse aggregates in the dredged channel, the City is also proposing the
installation of a sediment trap within the channelized segment of the creek that can be accessed by City
forces on a permitted basis to remove captured sediments.
The project will last three to six months (including hauling of the sediments) and is scheduled to begin in
late 2019/early 2020.
The Project is funded by a $2,000,000 allocation from the New York State Capital Assistance Program
(NYSCAP) through the sponsorship of State Assemblywoman Barbara Lifton.
In preparation to receive the funding, I am requesting the creation of a capital project for the project in
the amount of $2,000,000. This a 100% reimbursable program with no local match.
Please contact me if you should need more information or have questions lnichola@cityofithaca.org .
Thank you for your consideration of this request.
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
10.3 Department of Public Works (DPW) – Request to Establish Capital Project
for Stewart Park Playground - Resolution
WHEREAS, the City of Ithaca and the Friends of Stewart Park have entered into a
Memorandum of Understanding (MOU), dated June 14, 2017, which specifically
addresses a Playground Grant Project (the “Project”); and
WHEREAS, the City has processed the required paperwork and has received a Grant
Disbursement Agreement from the Dormitory Authority of the State of New York
(DASNYS) in the amount of $1 million as part of a reimbursement program called State
and Municipal (SAM) Facilities, for the Project; and
WHEREAS, the City of Ithaca Planning & Development Board has approved a Project
site plan and, on February 27, 2018, declared that the project will have no significant
negative environmental impact, in accordance with the State Environmental Quality
Review Act and the related City ordinance; and
WHEREAS, the abovementioned MOU notes that in the event that the required
construction estimate exceeds $1,000,000, the Friends of Stewart Park agree to donate
the additional funds necessary to construction the Project; and
WHEREAS, Common Council is desirous of progressing this Project; now, therefore be
it
RESOLVED, That Common Council hereby establishes Capital Project #854 Stewart
Park Playground, in the amount not to exceed $1,000,000 for the purposes of
constructing the Project; and, be it further
RESOLVED, That funding for said Capital Project shall be derived from the issuance of
Serial Bonds with the understanding that all eligible expenses up to $1,000,000 will be
reimbursed by the DASNY SAM program; and, be it further
RESOLVED, That the Mayor of the City of Ithaca is hereby authorized to enter into any
and all agreement(s) with the State of New York and/or DASNY related to this project,
upon review by the City Attorney; and, be it further
RESOLVED, That the City Controller is hereby authorized and directed to accept any
and all donations from the Friends of Stewart Park or others for this Project and to use
these funds to increase the authorization for the Capital Project; and, be it further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the Project to the City of Ithaca will be roughly 0% of said portion, currently estimated
at $0 of the $1,000,000 authorized for this portion of the Project, in monies and in-kind
services as managed by the Superintendent of Public Works and monitored by the City
Controller.
10.4 Capital Project Construction Phase 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 Plant (IAWWTP) is in need of
certain Capital Improvements; and
WHEREAS, DPW staff, in association with the Plant’s consulting engineers, GHD, have
completed the final drawing, specifications, and Contract bid Documents in accordance
with 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, Capital Project CP #422J has been previously established in the amount of $434,175 for design of Various Improvements to the IAWWTP; and
WHEREAS, a project cost estimate has been prepared by GHD which
includes the following;
Contract 1 - General
Site work, chemical unloading, vac-truck pad $320,000
Concrete Repairs $150,000
Influent Building Improvements $160,000
Grit System $2,160,000
Stair Tower Replacement $160,000
Mis (Weirs, scum collectors, gas piping, doors, etc.) $1,470,000
Subtotal Contract 1 $4,420,000
Contract 2 – Electrical
Electrical $350,000
Emergency Generator Replacement $800,000
Instrumentation & Controls $110,000
Subtotal Contract 2 $1,260,000
Contract 3 – HVAC
HVAC $310,000
Subtotal Contract 3 $310,000
Project Total Cost $7,190,000
WHEREAS, the Special Joint Committee (SJC) recommended the approval of said
project at its regular meeting of September 19, 2018 be authorized and funded in an
amount not to exceed $7,190,000 for the costs required to construct the Grit Removal
and Concrete Restoration project in its entirety; now, therefore be it
RESOLVED, That Common Council hereby amends Capital Project #422J Various
Improvements to the IAWWTP by an amount not to exceed $7,190,000 for a total
project allocation of $7,624,175, to fund the above stated improvements; and, be it
further
RESOLVED, That Common Council hereby authorizes 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 $4,108,366
Town of Ithaca 40.88 $2,939,272
Town of Dryden 1.98 $142,362
$7,190,000
\\CAZ-SVR-001\Projects$\111\11153020 Ithaca Grit Removal\TECH\Submittals\Grit Project Summary.docx 1
GHD Consulting Services Inc. One Remington Park Drive Cazenovia NY 13035 USA
T 315 679 5800 F 315 679 5801 E cazmail@ghd.com W www.ghd.com
Ithaca Area WWTF Grit Removal and Plant Modifications Project
Summary of Proposed Work and Budget
Project Scope
As described in the April 2017 Preliminary Design Report, a number of plant upgrades were recommended to
improve plant performance and reduce operating costs. A subset of these upgrades were chosen for a first
phase of the project to be sent to bid at the end of 2018 and completed in 2019. A description of the major
project components and cost estimates follows.
Grit Removal
The IAWWTF does not have a preliminary grit removal system, resulting in grit accumulation in the influent
channels and primary clarifiers which must be manually removed. The grit loading causes additional wear on
the primary clarifiers and pumping equipment, incurring avoidable O&M costs. Grit is currently removed from
the plant’s primary sludge, a less efficient process than removal in a preliminary process. The proposed
preliminary grit removal system will be housed in a new addition adjacent to the influent channels. It will remove
grit from wastewater before it enters the influent channels and primary clarifiers, reducing wear on plant systems
and grit removal maintenance requirements. The existing lime silo room will be demolished and built as a new
electrical room to provide power to the grit removal equipment.
Generator Upgrades
The plant’s current generator is rated at 750 KW, which is not sufficient to power plant functions in the case of a
loss of electrical service. It was determined that two (2) 1,000 KW generators run in parallel would be capable
of providing emergency power to the entire facility.
Miscellaneous Improvements
Concrete repairs: Several areas in need of concrete repair were identified by plant staff, including walls
near Aeration Tank No. 4, the effluent channel, joints near Final Steeling Tank No. 3, and leaks in
gallery concrete panels which allow rainwater intrusion.
Stair Tower: The stair tower structure (Entrance Structure No. 2) adjacent to the final settling tanks is
pulling away from the larger plant superstructure and signs of leaks are evident. The existing concrete
tower will be replaced with an enclosed steel frame structure.
\\CAZ-SVR-001\Projects$\111\11153020 Ithaca Grit Removal\TECH\Submittals\Grit Project Summary.docx 2
GHD Consulting Services Inc. One Remington Park Drive Cazenovia NY 13035 USA
T 315 679 5800 F 315 679 5801 E cazmail@ghd.com W www.ghd.com
During the course of design, other maintenance required to ensure continued plant performance. The
existing digester gas piping is internally corroded which is inhibiting the flow of gas. This biogas piping
will be replaced. The existing settling tanks weirs and scum collectors are poor condition and are in
need of replacement. There is a safety concern with unstable walkway grating over channels that will
be addressed in this project.
Chemical Unloading and Vac-truck pad. Improvements to the chemical unloading and vac-truck pad
locations were identified which would improve safety and decrease staff maintenance effort.
Project Cost Estimate
Description Amount
Contract 1 - General
Sitework, Chemical Unloading, Vac-truck Pad $320,000
Concrete Repairs $150,000
Influent Building Improvements $160,000
Grit System $2,160,000
Stair Tower Replacement $160,000
Misc (Weirs, scum collectors, gas piping, etc.) $1,470,000
Subtotal Contract 1 $4,420,000
Contract 2 - Electrical
Electrical $350,000
Emergency Generator Replacement $800,000
Inst & Control $110,000
Subtotal Contract 2 $1,260,000
Contract 3 - HVAC
HVAC $310,000
Subtotal Contract 3 $310,000
Subtotal Construction $5,990,000
Contingency (10%) $600,000
Total Construction $6,590,000
Engineering, Testing, Legal, Admin $600,000
Total Project Cost $7,190,000
10.5 A Local Law Entitled “Repeal of City Charter C-94 and Distribution of the
Balances of the Veteran Volunteer Firemen’s Relief Fund and the Active
Firemen’s Relief Fund”
WHEREAS, City Charter § C-94 establishes certain “powers and duties of the Common
Council relevant to the Fire Department” that provide Common Council authority over
taxes collected from insurance companies for the benefit of the City’s fire companies
under New York Insurance Law (“two percent moneys”) and for the administration of
two Relief Funds; and
WHEREAS, earlier this year, the City Administration Committee requested that staff
develop proposed amendments to the little-used Relief Funds established in § C-94;
and
WHEREAS, a group of City representatives met with the Veteran Volunteer Firemen's
Association of Ithaca, after which that organization requested the distribution to that
organization of the funds currently held by the City in the Veteran Volunteer Firemen’s
Relief Fund; and
WHEREAS, the Fire Chief recommends the transition represented by this Local Law
because both existing Relief Funds as provided in the Charter are rarely used, and such
utility as served by those Funds in decades past has largely been supplanted by
modernized coverage for firefighter injuries, both professional and volunteer; and
WHEREAS, State law provides a standard legal framework pursuant to which two
percent moneys are to be distributed to firefighters within localities across the state; and
WHEREAS, Ithaca’s City charter has long diverted two percent moneys from the
standard framework in order to fund the Relief Funds and make the Charter-specified
distributions therefrom; and
WHEREAS, the Common Council wishes to repeal City Charter § C-94, divest itself of
the powers and duties contained therein, and transfer the balance remaining in the
funds established under § C-94 as set forth below; now, therefore
LOCAL LAW 2018-___
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative findings, intent, and purpose.
The Common Council makes the following findings:
1. Under New York Insurance Law §§ 9104 and 9105, the City receives funds from
foreign and alien insurers and distributes such funds pursuant to the provisions of
New York Insurance Law and City Charter § C-94.
2. City Charter § C-94(A) establishes the Active Firemen’s Relief Fund and distributes
a portion of the above-described moneys collected under New York Insurance Law
to such fund.
3. City Charter § C-94(B) establishes the Veteran Volunteer Firemen’s Relief Fund,
which the City administers and holds in trust for the benefit of the Veteran Volunteer
Firemen's Association of Ithaca.
4. The Common Council finds it beneficial to eliminate City Charter § C-94 and, in the
future, to distribute funds collected under New York Insurance Law §§ 9104 and
9105 to the fire companies of the City of Ithaca pursuant to the provisions of the New
York Insurance Law.
5. The Common Council finds it further beneficial to transfer the balance of the Veteran
Volunteer Firemen’s Relief Fund to the Veteran Volunteer Firemen's Association of
Ithaca and to distribute the balance of the Active Firemen’s Relief Fund pursuant to
the provisions of the New York Insurance Law.
Based upon the above findings, the intent and purpose of this Local Law is to transfer
the balance of the Veteran Volunteer Firemen’s Relief Fund to the Veteran Volunteer
Firemen’s Association of Ithaca, amend the City Charter to repeal § C-94, and distribute
the balance of the Active Firemen’s Relief Fund pursuant to New York Insurance Law
§§ 9104 and 9105.
Section 2. Transfer of the balance of the Veteran Volunteer Firemen’s Relief Fund
to the Veteran Volunteer Firemen’s Association of Ithaca.
The entire balance of the Veteran Volunteer Firemen’s Relief Fund shall be transferred
to the Veteran Volunteer Firemen's Association of Ithaca.
Section 3. Repeal of City Charter § C-94.
City Charter § C-94, “Powers and duties of the Common Council relevant to the Fire
Department,” is hereby repealed in its entirety.
Section 4. Distribution of the balance of the Active Firemen’s Relief Fund
pursuant to the New York Insurance Law.
The entire balance of the Active Firemen’s Relief Fund shall be distributed to the fire
companies of the City of Ithaca pursuant to the provisions of New York Insurance Law
§§ 9104 and 9105.
Section 5. 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 6. Effective date.
This Local Law shall take effect upon the filing of the Local Law in the office of the Secretary of
State.
To: City Administration Committee
From: Ari Lavine, City Attorney
Subject: Repeal of Charter § C-94 and Distribution of the Fire Relief Funds
Date: November 14, 2018
As you will recall, earlier this year the City Administration Committee requested that
staff develop proposed amendments to both of the little-used Relief Funds established in § C-94,
including by exploring the feasibility of transferring to the Veteran Volunteer Firemen's
Association of Ithaca (“the Vets”) the funds held in the Veteran Volunteer Firemen’s Relief Fund
that is currently administered by the City. The Committee asked that staff consult with the Vets
leadership as part of that process—which we did—and that staff report back to the Committee in
November.
The resulting local law does, as requested by both the Committee and later by the Vets
leadership, transfer the funds held in the Veteran Volunteer Firemen’s Relief Fund to the Vets.
Additionally, as requested, this local law eliminates the little-used Active Firemen’s Relief
Fund—which is funded with two percent moneys—and distributes the current contents of that
Fund as two percent moneys pursuant to State law.
State law provides a standard legal framework pursuant to which two percent moneys are
to be distributed to firefighters within localities across the state, and this local law reverts the
City’s two percent moneys distributions to that standard. In contrast, Ithaca’s City Charter has
long diverted two percent moneys from the standard framework in order to fund the Relief Funds
and make the Charter-specified distributions therefrom. It is important to note that, because § C-
94 of the City’s Charter has been “grandfathered” in as an exception from the now-mandatory
state law on the subject, § C-94 cannot be re-instituted once repealed.
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
OFFICE OF THE CITY ATTORNEY
Aaron O. Lavine, City Attorney Telephone: 607/274-6504
Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507
Krin Flaherty, Assistant City Attorney
Kevin Levine, Assistant City Attorney
Jody Andrew, Executive Assistant
14. MAYOR’S APPOINTMENTS:
14.1 Recommendation to Tompkins Consolidated Area Transit Board –
Resolution
RESOLVED, That Common Council recommends that Laura Lewis be elected as a
director of the Tompkins Consolidated Area Transit Board with a term to expire
December 31, 2021.
14.2 Reappointments to Building Code Board of Appeals – Resolution
RESOLVED, That Ernie Bayles be reappointed to the Building Code Board of Appeals
with a term to expire December 31, 2020; and, be it further
RESOLVED, That Lou Vogel be reappointed to the Building Code Board of Appeals
with a term to expire December 31, 2021.