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HomeMy WebLinkAboutMN-CC-2022-10-05COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. October 5, 2022 PRESENT: Acting Mayor Lewis Alderpersons (9) Brock, McGonigal (remotely), Nguyen, Brown, Gearhart, Barken, Mehler, DeFendini, Cantelmo OTHERS PRESENT: Chief of Staff – Vavra City Attorney – Lavine City Clerk – Conley Holcomb City Controller – Thayer Human Resources Director – Michell-Nunn Director of Parking & Transportation – Hathaway Transportation Engineer - Cuddihy Planning and Development Director Nicholas Historic Preservation Planner – McCracken Acting Police Chief – Joly Police Lieutenant Young ADDITIONS TO OR DELETIONS FROM THE AGENDA: Annicka appointment to Ithaca Housing Authority No Council member objected. REPORTS OF MUNICIPAL OFFICIALS: Rod Howe, Supervisor, Town of Ithaca reported on the following: New website – About our Town – South Hill Town Board will review 2023 draft budget tomorrow – tax rate down / tax levy up Quarterly meetings with City planning staff and other colleagues Hired Ranikus – short term rental operations – Lansing? Uses it too – discount as more municipalities join Encampments Enabling legislation – Historic Preservation Ordinance and Joint Landmarks Commission Telecommunications law – updates Inlet Valley Zoning Overlay Get from video OpenGov Plant to Plant agreement PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: PRIVILEGE OF THE FLOOR – MAYOR AND COUNCIL October 5, 2022 2 CONSENT AGENDA: CITY ADMINISTRATION COMMITTEE: 3.1 HR - Suspension of Application Fees for Firefighter and Police Officer Examinations By Gearhart: Seconded by Alderperson DeFendini WHEREAS, Section 50.5(b) of New York State Civil Service Law allows for the establishment of application fees for civil service examinations; and WHEREAS, the Ithaca Civil Service Commission and Common Council have established application fees for the Firefighter and Police Officer exams, with a $15.00 application fee for Tompkins County residents and a $50.00 application fee for all other residents, with fee waivers allowed under specific circumstances; and WHEREAS, the City is experiencing significant difficulty recruiting applicants for both the Firefighter and Police Officer exams; and WHEREAS, the Human Resources Department and the Ithaca Civil Service Commission are actively working to remove identifiable recruitment barriers; and WHEREAS, the Ithaca Civil Service Commission wishes to amend the established application fees for the 2023 and 2024 Firefighter and Police Officer examinations to encourage applications; and WHEREAS, at their September 7, 2022, meeting, the Ithaca Civil Service Commission voted to suspend the application fees for the 2023 and 2024 Firefighter and Police Officer examinations for all residents of Tompkins County and the contiguous counties of Cayuga, Chemung, Cortland, Schuyler, Seneca, and Tioga; and WHEREAS, the suspension of application fees is subject to the approval of Common Council; now, therefore, be it RESOLVED, That Common Council approves the suspension of civil service application fees for the 2023 and 2024 Firefighter and Police Officer examinations for all residents of Tompkins County and the contiguous counties of Cayuga, Chemung, Cortland, Schuyler, Seneca and Tioga. Carried Unanimously 3.2 HR - Amendment to Personnel Roster – Director of Public Information and Technology By Alderperson Gearhart: Seconded by Alderperson DeFendini WHEREAS, in 2014 former Mayor Svante Myrick created the Department of Public Information and Technology to better align the City’s communication and technology processes; and WHEREAS, Public Information and Technology combined Information Technology, the Clerk’s office, and Public Information; and WHEREAS, The Director of Information Technology position was eliminated, and the City Clerk assumed oversight for the new department; and WHEREAS, the City Clerk has announced her retirement and there is a need to create a Director of Public Information and Technology; now, therefore, be it RESOLVED, That the Personnel Roster of the Department of Public Information and Technology be amended as follows: Add: One (1) Director of Public Information and Technology and be it further RESOLVED, That the position of Director of Public Information and Technology shall be assigned to the Management Compensation Plan at salary grade 10, and, be it further October 5, 2022 3 RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees Retirement System the standard workday for this position shall be established at eight (8) hours per day (forty (40) hours per week), and, be it further RESOLVED, That the funding for this position shall be derived from existing funds within the Department of Public Information and Technology’s approved budget. Carried Unanimously 3.3 A. An Ordinance Amending Ithaca City Code Section 346-5, “Traffic Control Signals” - Declaration of Lead Agency By Alderperson Gearhart: Seconded by Alderperson DeFendini WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Law and Section 176-6 of the City Code, Environmental Quality Review, require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law; and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action; and WHEREAS, Common Council proposes to amend City Code Section 346-6 to authorize the City to repair privately owned traffic control signals serving City roads at owner expense when the owner fails to do so, and to impose fines for failure to maintain such signals; and WHEREAS, this is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance § 176-4 and the State Environmental Quality Review Act § 617.4 b. and is subject to environmental review; now, therefore, be it RESOLVED, That the City of Ithaca Common Council, as the agency having primary responsibility for approving and funding or carrying out the action does, by way of this resolution, declare itself Lead Agency in Environmental Review for the proposed Ordinance Amending Ithaca City Code Section 346-5, “Traffic Control Signals.” Carried Unanimously 3.3 B. An Ordinance Amending Ithaca City Code Section 346-5, “Traffic Control Signals” – Negative Declaration of Environmental Significance By Alderperson Gearhart: Seconded by Alderperson DeFendini WHEREAS, Common Council proposes to amend City Code Section 346-5 to authorize the City to repair privately owned traffic control signals serving City roads at owner expense when the owner fails to do so, and to impose fines for failure to maintain such signals; and WHEREAS, this is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”) §176-4 and the State Environmental Quality Review Act (“SEQRA”) §617.4 b and is subject to environmental review; and WHEREAS, Common Council, as the agency having primary responsibility for approving and funding or carrying out the action did, on October 5, 2022, declare itself Lead Agency in Environmental Review; and WHEREAS, Common Council, acting as Lead Agency, has on October 5, 2022, reviewed and accepted as complete a Short Environmental Assessment Form (“SEAF”) prepared by City staff and other related materials; and WHEREAS, Common Council, acting as Lead Agency, after completing a thorough analysis of the Environmental Information and potential environmental impacts associated with the action, has determined, as more clearly elaborated in the SEAF, that proposed amendment will not have any potentially significant adverse environmental impacts; now, therefore, be it October 5, 2022 4 RESOLVED, That Common Council determines that the proposed amendment will result in no significant adverse impact on the environment and this resolution, which was adopted by a majority vote of Council, shall serve as the Negative Declaration (as defined in 6 N.Y.C.R.R. 617.2) for the action, and is issued by Common Council, acting as Lead Agency pursuant to and in accordance with CEQRO and SEQRA. Carried Unanimously 3.3 C. An Ordinance Amending Ithaca City Code Section 346-5, “Traffic Control Signals” By Alderperson Gearhart: Seconded by Alderperson DeFendini WHEREAS, the Board of Public Works and the Department of Public Works are responsible for the regulation of traffic control signals within the City of Ithaca, and WHEREAS, there exist within the City of Ithaca a number of privately owned traffic control signals which regulate traffic on streets owned by or located within the right of way of the City, and WHEREAS, a private owner’s failure to maintain such privately owned traffic control signals in proper working order endangers the health and safety of pedestrians, motorists, and others travelling on or near the public streets of the City, and WHEREAS, the Common Council determines that it is necessary to grant additional authority to the Department of Public Works and others to ensure that privately owned traffic control signals are maintained in proper working order in the event that the owner of any such signal fails to do so; now, therefore ORDINANCE 2022- BE IT ORDAINED AND 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. Proper maintenance of traffic control signals serving public roads is essential to the safety of pedestrians, motorists, and others travelling on or near those roads. 2. There currently exist within the City of Ithaca a number of privately owned traffic control signals, and it is possible that additional privately owned traffic control signals may be installed in the City in the future. 3. The Department of Public Works and other City staff require additional authority to ensure that privately owned traffic signals are maintained in proper working order when the owner of any such signal fails to do so. Section 2. Section 346-5 of the Ithaca City Code is hereby amended to read as follows: § 346-5 Traffic control signals. A. Traffic control signals shall be installed and operated at the intersection of those streets described in Schedule I of the regulations of the Board of Public Works. B. Traffic control signals shall be maintained in working order by the owner or operator of said signal. C. Upon notice to the owner or operator of a privately owned traffic control signal located on and/or regulating traffic upon a street owned by or within the right of way of the City, the Department of Public Works is authorized to conduct or cause to be conducted any necessary repairs to restore a traffic control signal to working order. a. The cost for said repairs shall be charged to the owner of the traffic control signal. Written notice of all costs incurred in conducting any repairs shall be provided and a bill issued to the owner of the traffic control signal for the full amount of such costs. b. Any such bill shall be payable without penalty for one month following the billing date. On any amount remaining unpaid after one month, and after October 5, 2022 5 each one-month period thereafter, 1% of the amount unpaid shall be added and collected. c. Notice of any appeal of a bill or any portion thereof issued under this section must be provided, in writing, to the Board of Public Works within 60 days of the issuance of such bill. The Board of Public Works shall have exclusive authority to hear such appeals. d. Any uncontested portion of the bill, with any added penalty or interest, shall be a lien upon the property on which the traffic control signal is located, and, if remaining unpaid on or before November 1 of any year, shall be added to and listed as a separate item on the subsequent year’s City property tax bill. Fees which have been contested in a timely manner and which have been determined by the Board of Public Works to be due and payable before November 1 of any year shall be similarly listed. e. The Superintendent of Public Works, City Controller, and City Chamberlain are authorized to develop additional billing practices and guidelines to further the purposes of this section. f. The City shall be under no obligation to repair a privately owned traffic control signal, and all such decisions to repair or not to repair a traffic control signal shall be in the sole discretion of the Superintendent of Public Works or their designee. g. The City shall bear no liability arising from or relating to any repair conducted to or any decision not to repair a privately owned traffic control signal. h. The liability of the owner of the traffic control signal for any violations arising from or relating to its failure to maintain a traffic control signal in working order shall not be affected by any determination of the Superintendent of Public Works or their designee to repair or not repair a traffic signal. D. Failure to maintain a traffic control signal in working order shall be a violation of this chapter punishable by a fine of not more than $500. Each day a traffic signal is not in working order shall constitute a separate violation of this chapter. Section 3. Severability Clause Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance. Section 4. Effective Date This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 4.1 A. An Ordinance to Amend the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning”, Section 3, Definitions and Word Usage, to Modify the Definition of “Story” and “Basement” - Declaration of Lead Agency By Alderperson Brock: Seconded by Alderperson Mehler WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposal to amend the Municipal Code October 5, 2022 6 of the City of Ithaca, Chapter 325, Entitled “Zoning,” to amend the definitions of “Story” and “Basement”. Carried Unanimously 4.1 B. An Ordinance to Amend the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning”, Section 3, Definitions and Word Usage, to Modify the Definition of “Story” and “Basement” - Declaration of Environmental Significance By Alderperson Brock: Seconded by Alderperson DeFendini WHEREAS, The Common Council is considering a proposal to amend the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning,” to amend the definitions of “story” and “basement,” and WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF), dated July 14, 2022, and WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Full Environmental Assessment Form, dated July 14, 2022, and be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Carried Unanimously 4.1 C. An Ordinance to Amend The Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning”, Section 3, Definitions and Word Usage, to Modify the Definition of “Story” and “Basement” By Alderperson Lewis: Seconded by Alderperson Gearhart WHEREAS, in 2013 and 2021, the City amended the Zoning Ordinance to revise how building height in feet is calculated to (1) better address building heights on sloped sites and (2) improve consistency between the Zoning Ordinance and the New York State Building Code, and WHEREAS, building height is also measured in stories, and there remains a discrepancy in the definition of story between the Zoning Ordinance and New York State Building Code, and WHEREAS, this discrepancy primarily occurs on sloped sites where a basement is considered a story under one code but not the other, and WHEREAS, aligning the two definitions of story would create consistent building height calculations under the Zoning Code and NYS Building Code and would simplify project analyses for staff and property owners; now, therefore, ORDINANCE NO. 2022 - BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 of the Municipal Code of the City of Ithaca be amended as follows: Section 1. Chapter 325, Section 325-3B of the Municipal Code of the City of Ithaca is hereby amended to read as follows: October 5, 2022 7 BASEMENT That space of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, above the average established curb level or finished grade ground level at any point. STORY The portion of a building which is between one floor level and the next higher floor level or the roof. A mezzanine, as defined in the New York State Uniform Fire Prevention and Building Code, is not a story. A basement shall be deemed to be a story when its ceiling is six or more feet above the finished grade the finished surface of the floor next above is (1) more than 6 feet above grade plane or (2) more than 12 feet above the finished ground level at any point. A cellar shall not be deemed a story. An attic shall not be deemed to be a story if unfinished and without human occupancy. Section 2. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Carried Unanimously 4.2 Authorize Restore NY6 Funding Application By Alderperson Lewis: Seconded by Alderperson Mehler WHEREAS, the 2022-23 New York State budget provided $250 million for the Restore New York’s Communities Initiative (“Restore NY”), which will be awarded in two rounds: • $100M in the first round (Round 6”); applications due October 11, 2022 • $150M in the second round (“Round 7”); applications due in January 2023, and WHEREAS, the goals of the Restore NY program are to (1) revitalize urban centers, (2) induce commercial investment, and (3) improve the local housing stock, and WHEREAS, Restore NY funding is available only for projects involving the demolition, deconstruction, rehabilitation and/or reconstruction of vacant, abandoned, condemned or surplus properties, and WHEREAS, municipalities with populations under 40,000 are eligible to submit one project, which may contain multiple related properties, not to exceed a request for $2,000,000 in each funding round, and WHEREAS, on short notice to meet an ESD deadline, City staff issued a call for proposals, and WHEREAS, of the six proposals received, the following projects scored highest against state and local evaluation criteria: • Cayuga Street Rehabilitation, Urban Encore, LLC • Chainworks District – Building 24, Unchained Properties, LLC, and WHEREAS, City and IURA staff recommend submission of the Cayuga Street Rehabilitation project for Round 6 and the Chainworks District – Building 24 project for Round 7, and WHEREAS, a Restore NY6 application must include a municipal resolution in support of the application, proof that a public hearing was held on proposed application, and a site control affidavit for projects located on non-municipally owned property, and WHEREAS, the property owner has agreed to provide all required local match contribution, so no City match funds are required; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby endorses a Restore NY6 application for up to $2,000,000 for the Cayuga Street Rehabilitation project that includes rehabilitation of buildings located on the following properties: October 5, 2022 8 • 115-121 S. Cayuga Street • 123 S. Cayuga Street, and be it further RESOLVED, That the City of Ithaca Common Council hereby finds the proposed project is consistent with the City comprehensive plan and Urban Renewal Plan; that the proposed financing is appropriate for the specific project; that the project facilitates effective and efficient use of the existing and future public resources so as to promote both economic development and preservation of community resources; and the project develops and enhances infrastructure and/or facilities in a manner that will attract, create, and sustain employment opportunities where applicable, and be it further RESOLVED, That the Mayor, upon advice from the City Attorney, is hereby authorized to take all actions necessary to submit a Restore NY6 application in accordance with this resolution, including, but not limited to, certification of the application, and be it further RESOLVED, That the Mayor is authorized to modify the proposal to address any unforeseen feasibility issues that arise that would impact competitiveness of the application, and RESOLVED, That, if awarded, the Mayor, upon advice from the City Attorney, is hereby authorized to execute an agreement with the Empire State Development Corporation, and any other documents necessary to receive the Restore NY grant, as well as agreements with property owners to implement the project, and be it further RESOLVED, The IURA is hereby authorized to administer and implement the City’s Restore NY6 grant award. Brock – submitted an application in the past that included Cayuga Street & Chainworks – are they still outstanding? Bohn – city has applied for several rounds of the Restore NY funding – have received 4 of 6 awards. These projects have never been proposed, Brown – would SSCC qualify for this funding? Bohn – no – municipally owned buildings do not qualify. DeFendini – housing units – market rate? Bohn – South Cayuga Street will focus on housing with 80% median EMI are being proposed for this project income… A vote on the Resolution resulted as follows: Carried Unanimously 4.3 Local Landmark Designation of the Andrus Block, Home Dairy and Firebrand Books Building at 143 East State Street By Alderperson Lewis: Seconded by Alderperson Gearhart WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Ithaca Landmarks Preservation Commission (ILPC) is responsible for recommending to Common Council the designation of structures or resources as individual landmarks and historic districts within the city, and WHEREAS, on August 16, 2022, the ILPC conducted a public hearing for the purpose of considering a proposal to designate the Andrus Block, Home Dairy and Firebrand Books Building at 143 East State Street as a local landmark, and WHEREAS, the designation of a local landmark is a Type II action under the NYS Environmental Quality Review Act and the City Environmental Quality Review Ordinance and as such requires no further environmental review, and WHEREAS, the ILPC found that the proposal meets criteria 1, 2, 3, 4, and 5 defining a “Local Landmark,” under Section 228-3B of the Municipal Code and on August 16, 2022, voted to recommend the designation of the Andrus Block, Home Dairy and Firebrand Books Building at 143 East State Street, and October 5, 2022 9 WHEREAS, Section 228-4 of the Municipal Code states that Common Council shall within ninety days of said recommendation of designation, approve, disapprove, or refer back to the ILPC for modification of same; now, therefore, be it RESOLVED, That Common Council [concurs/does not concur] with the findings of the Ithaca Landmarks Preservation Commission and finds the Andrus Block, Home Dairy and Firebrand Books Building at 143 East State Street [meets/does not meet] the criteria for local designation, as set forth in the Municipal Code, as follows: 1. It possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation; and 2. Is identified with historically significant person(s) or event(s); and 3. Embodies the distinguishing characteristics of an architectural style; and 4. Is the work of a designer whose work has significantly influenced and age; and 5. Represents an established and familiar visual feature of the community by virtue of its unique location or singular physical characteristics, and, be it further RESOLVED, That Common Council [approves/disapproves/refers back to the ILPC] the recommendation to designate the Andrus Block, Home Dairy and Firebrand Books Building at 143 East State Street and the adjacent areas that are identified as tax parcel #70.-5-10 as a local landmark. Brock – get statement from video – happy to support – asked about “building and adjacent areas”. Adjacent area is one or two feet from the building – that are on the same parcel. Nguyen – thank you to Barreano, Dr. Jeff Lewis – thanks to Luca for LGBTQ tours around the city Brown – so proud to know Berreano A vote on the Resolution resulted as follows: Carried Unanimously McGonigal – shout out to Bob and Nancy Avery who ran the Home Dairy Bakery for years… Barken – shout out to half-moon cookies! SPECIAL ORDER OF BUSINESS: 5.1 Resolution - Renewal of TCAT Transportation Agreement, as Amended By Alderperson Nguyen: Seconded by Alderperson Cantelmo WHEREAS, on November 7, 1990, the City of Ithaca, Tompkins County, and Cornell University entered into an agreement for the design of a regional transit facility, and WHEREAS, on October 9, 1991, the City, County and Cornell entered into a 20-year construction and operation agreement for the new transit facility, and WHEREAS, on April 1, 1998, the City, County and Cornell entered into an agreement to create a TCAT joint venture to provide public transportation services, and WHEREAS, on January 1, 2005, a Transportation Agreement was signed among the three parties and TCAT to end the TCAT joint venture and have the operations assumed by a single employer, TCAT, Inc., with the agreement running through October 9, 2021, and was thereafter extended for one additional year through October 9, 2022, and WHEREAS, on February 12, 2018, an agreement was signed between the City and County regarding the ownership of the transit facility, and WHEREAS, the Transportation Agreement is set to expire in October of this year, and October 5, 2022 10 WHEREAS, the City, County, Cornell, and TCAT would like to renew the Transportation Agreement, and WHEREAS, the Common Council approved at its September meeting a version of the renewal Transportation Agreement that facilitated further negotiation among the parties, particularly as to Section 6 thereof, and WHEREAS the parties subsequently reached agreement, subject to Common Council approval, on the version of the Transportation Agreement included herewith, which differs in substance from the version approved by Council last month primarily in the particulars of Sections 6.1(a) and 6.3; now, therefore, be it RESOLVED, That Common Council authorizes the Mayor to sign a renewal of the current Transportation Agreement, as amended in a manner substantially similar to the version included herewith. Mehler – thank you to Brown for talking this out. Thanks to Rich John and colleagues from the County and thanks to Ari Lavine. Nguyen – echoed comments by Mehler – glad… DeFendini – glad to see that we could come to this resolution…. A vote on the Resolution resulted as follows: Carried Unanimously CITY ADMINISTRATION COMMITTEE: 6.1 DPW – SID – Approval of Assessment, Budget and Work Plan By Alderperson Cantelmo: Seconded by Alderperson DeFendini WHEREAS, Section C-73 of the City Charter creates five Sidewalk Improvement Districts (each a “SID”) for the construction and repair of sidewalk, and provides for an assessment against each property located in each SID for the benefits received by the property from such construction and repair; and WHEREAS, typically the Board of Public Works would recommend SID assessment, work plan, and budget to Common Council; however, the BPW is not able to make quorum at this time and in accordance with the City Charter, Council has oversight powers over the BPW; and WHEREAS, Common Council, approves of the budget and schedule of work for each SID district for each fiscal year, following a public hearing; and WHEREAS, Common Council has received a proposed SID assessment roll, budget, and schedule of work for Fiscal Year 2023; and WHEREAS, the City provided public notice of the SID assessment roll, budget, and schedule of work in July 2022; and WHEREAS, owners of assessed properties were provided an opportunity to file written objections with the City Clerk, and present evidence to the CA at a public hearing on August 24, 2022; and WHEREAS, Council has given due consideration to the objections, if any, presented by the property owners in accordance with Section C-73; now, therefore, be it RESOLVED, That Common Council approves the proposed 2023 SID budget, assessments B, and schedule of work attached hereto, and be it further RESOLVED, That Common Council recommends including the 2023 SID budget, assessments B, and work plan by local law in the City’s 2023 Budget. October 5, 2022 11 McGonigal – the suggested cost structured was approved at the CA meeting 3-2. He supports amending the rates – clear that they have to be raised; however, the maintenance fee increased $10, the building square footage fee was increased, the frontage fee was increased for $20 a segment – increases range up to 50%. Amending Resolution: By Alderperson McGonigal: Seconded by Alderperson Barken RESOLVED, That the proposed frontage fee be reduced from $20 to $10 per segment. (Cantelmo clarification) Mehler – what would be the cost difference? Licitra $57,000 which would equate to 200’ of sidewalk / one street Licitra – would we have to redo public hearings? Cantelmo – believes the answer is yes. Mehler – any ideas how we can make up the funding? McGonigal – it would just mean that some sidewalks would be deferred for a year. Gearhart – thinks that as we continue to defer this work, it will just build up and we’ll get further behind. McGonigal – not suggesting that fees shouldn’t be amended but thinks they should be adjusted as it is a burden on not-for-profits and local businesses. Rates haven’t been raised in 8 years. Barken – this will come as another bill on top of other rising costs that they are trying to absorb daily. Cantelmo – agrees that inflation should be considered. We’ve seen significant inflation this year and we’re being asked to do more with less. Overdue for us to do this and to meet the community need for improved infrastructure. DeFendini – opposed to amendment A vote on the Amending Resolution resulted as follows: Ayes (2) McGonigal, Barken Nays (8) Brock, Nguyen, Brown, Gearhart, Barken, Mehler, DeFendini, Cantelmo, Lewis Motion Failed Brock – does this need to be considered now? Can it wait until the budget discussions when similar fee adjustments are being considered? Cantelmo – the Local Law needs to be approved along with the budget. Discussion occurred regarding the calendar of events that needs to be followed. Cantelmo – this does not bind Council until the Local Law is adopted. Motion to Table By Alderperson Lewis: Seconded by Alderperson Brock RESOLVED, That this item be tabled until later in the meeting. Ayes (5) Lewis, Brock, McGonigal, get 2 other votes from video Nays (5) Motion Failed A vote on the Resolution resulted as follows: Ayes (8) Brock, Nguyen, Brown, Gearhart, Mehler, DeFendini, Cantelmo, Lewis Nays (2) McGonigal, Barken Carried (8-2) Presentation of the 2023 Budget See slide show REPORT OF THE CITY CONTROLLER: City Controller Thayer reported on the 2023 Budget development October 5, 2022 12 MAYOR’S APPOINTMENTS: 7.1 Appointment to the Board of Zoning Appeals By Alderperson Cantelmo: Seconded by Alderperson Mehler RESOLVED, That Donna Fleming be appointed to the Board of Zoning Appeals with a term to expire December 31, 2023, and be it further Appointment to the Board of Public Works RESOLVED, That Brian Toy be appointed to the Board of Public Works with a term to expire December 31, 2025, and be it further Appointment to the Community Police Board RESOLVED, That Meryl Bursic be appointed to the Community Police Board with a term to expire December 31, 2023, and be it further Appointment to the Workforce Diversity Advisory Committee RESOLVED, That Loretta Epthimiatos be appointed to the Workforce Diversity Advisory Committee with a term to expire December 31, 2024, and be it further Appointment to the Cable Access Oversight Committee RESOLVED, That Claire Nickell be appointed to the Cable Access Oversight Committee with a term to expire December 31, 2025. Carried Unanimously 7.2 Appointment to the Ithaca Housing Authority Board This appointment was withdrawn from the agenda. REPORTS FROM COUNCIL & STAFF Reports of Common Council Liaisons: Brown – SSCC has a lot of needs that they will be asking for funding for during the budget process. Retreat at Vegan handbags place – doing amazing work McGonigal – the 50th Anniversary for GIAC – the Gala is on November 5th and a silent auction will be held. Motion to Enter into Executive Session to Discuss the Proposed Acquisition, Sale, or Lease of Real Property By Alderperson Cantelmo: Seconded Mehler RESOLVED, That Common Council enter into Executive Session to discuss the proposed acquisition, sale, or lease of real property. Carried Unanimously RECONVENE: Common Council reconvened into Regular Session with no formal action taken. ADJOURNMENT: On a motion the meeting adjourned at 10:00 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Laura Lewis City Clerk Acting Mayor