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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.